Term Of Use

Ermis Network - June 2024

This page is intended to inform users of the terms and conditions (“Website Terms of Use”) applicable to your access and use of the Ermis Network website (“Website”). For the terms of use regarding Ermis Network’s software, being a secure messaging tool and a Web 3 browser or decentralized application that are integrated together (“Ermis Software”), please refer to the Ermis Software Terms of Use which can be found on the Ermis Software or the relevant page of this Website.

Who we are

Whenever "Ermis Network" or "we" or "us" or any similar variation are used in these terms, we're referring to Ermis Network, a company based in Vietnam, and includes its "representatives," which means Ermis Network's affiliates, directors, officers, employees, agents, and any other representatives of Ermis Network. For the purposes of these terms, "representatives" also includes Ermis Network core contributors without prejudice to the other legal categories mentioned. Our contact information can be found at the end of the Website Terms of Use.

Acceptance of the Website Terms of Use

These Website Terms of Use are entered into by you and Ermis Network, and they govern your access and use of the Website, including any material and functionality contained on the Website.

It is your responsibility to read the Website Terms of Use carefully before your use of the Website, and your use of the Website means you have agreed to be bound and comply with these Website Terms of Use.

If you do not agree with these Website Terms of Use, you must not access or use the Website.

User Content

On the Website, you will be able to participate and contribute to discussions on the Website, through a forum or otherwise, and further, submit and interact with various user content ("User Content"). We consider User Content to include anything you (or any other user) create, post, distribute, or exchange through the Website, whether it's text, links, GIFs, emojis, photos, or any other media formats.

You are solely responsible for any User Content that you create, post, distribute, or submit, messages you exchange, or any other activity you may engage in related to your User Content on the Website and any harm or liability that may result from such User Content.

You represent and warrant in respect of such User Content that:

- Your creation, posting, distribution, or submission of User Content does not infringe on any intellectual property or other proprietary rights of any third party

- You are the creator and owner or that you have the necessary permissions to create, post, distribute, or submit such User Content on the Website

- It does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive User Content

- It is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial User Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)

- It is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party

- It is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs, and websites, and similar unsolicited promotional methods

- It is not deliberately misleading or used to impersonate other users or third parties in a way intended to be deceptive

While you use the Website, you may view User Content that potentially could:

- Be offensive, indecent, or otherwise objectionable

- Contain technical inaccuracies, typographical mistakes, and other errors

- Violate others' rights, including but not limited to privacy, publicity, intellectual property, or other proprietary rights

By operating the Website, Ermis Network does not represent or imply that it endorses or supports User Content or that it believes such User Content to be accurate, useful, or non-harmful.

To the extent User Content contains suggestions, ideas, feedback, or other information ("User Feedback") for Ermis Network that concerns software it has developed or otherwise, you acknowledge that these are voluntary submissions which you have made without any expectation of claim or compensation from Ermis Network. While User Feedback is always appreciated, Ermis Network is under no obligation to utilize, implement, or incorporate User Feedback.

Ermis Network disclaims all liability related to any claim, cause of action, controversy, dispute, loss, or damages, known or unknown, related to, arising from, or in any way connected with User Content.

Disclaimer

The Website is provided by Ermis Network on an 'as is' basis, and you use the Website at your own sole discretion and risk.

Ermis Network disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Ermis Network does not warrant or make any representations concerning the completeness, accuracy, legality, utility, reliability, suitability, or availability of the use of the Website, the materials on its Website, including User Content or otherwise relating thereto or on any sites linked to this Website. These disclaimers will apply to the maximum extent permitted by applicable law.

We make no claims that the Website or any of its materials or the User Content is accessible or appropriate outside of Vietnam. Your access or use of the Website may not be legal in certain countries. If you access the Websites from outside Vietnam, you do so at your own sole discretion, and you are solely responsible for compliance with applicable local laws.

Ermis Network provides materials and other information through the Website for informational purposes only, and they may not always be entirely accurate, complete, or current and may also include inaccuracies or typographical errors. You are solely responsible for verifying their adequacy, completeness, and accuracy, and any reliance you place on such information is at your own risk. Such information should not be considered as creating any expectations or forming the basis of any contract, commitment, or binding obligation with us. No information on this Website should be considered to contain or be relied upon as a promise, representation, warranty, or guarantee, whether express or implied and whether as to the past, present, or future in relation to anything described on this Website.

Ermis Network is not liable for any loss resulting from your action (or inaction) and decisions based on these materials or any other information. You should always conduct your own research and seek independent professional advice if necessary. The information contained on this Website does not constitute financial, legal, tax, or other advice and should not be treated as such. You are solely responsible for the decisions or actions you might take in this respect.

Nothing in this Website should be construed by you as an offer to buy or sell or soliciting any offer to buy or sell any tokens or any security.

Intellectual property rights

Ermis Network owns all copyrights, domains, trade dress (look and feel), design rights and themes, trademarks, logos, graphics, and other intellectual property rights associated with the Ermis Network brand. You must not use such trademarks, logos, or graphics without Ermis Network's prior written approval. To request permission to use our copyrighted material or trademarks, such as logos, please contact marketing@ermis.network.

Unless indicated otherwise, the Website, its materials and functionality (including but not limited to information, text, images, the design, selection and arrangement thereof) are owned by Ermis Network, its licensors, or other providers of such materials and are protected by copyright, trademark, or any other intellectual property or proprietary rights laws.

Regarding User Content, while you will retain any intellectual property rights you have in your User Content, you grant to Ermis Network, in respect of your User Content, a worldwide, perpetual, irrevocable, non-exclusive, transferable license to use, copy, modify, adapt, create derivative works of, store, and display the User Content on the Website.

Third party website links

To the extent the Website provides any links to a third-party website, then their terms and conditions, including privacy policies, govern your use of those third-party websites. By linking such third-party websites, Ermis Network does not represent or imply that it endorses or supports such third-party websites or content therein, or that it believes such third-party websites and content therein to be accurate, useful, or non-harmful. Ermis Network has no control over such third-party websites and will not be liable for your use of or activities on any third-party websites accessed through the Website. If you access such third-party websites through the Website, it is at your own risk, and you are solely responsible for your activities on such third-party websites.

Limitation of liability

Ermis Network will not be held liable to you under any contract, negligence, strict liability, or other legal or equitable theory for any lost profits, cost of procurement for substitute services, or any special, incidental, or consequential damages related to, arising from, or in any way connected with these Website Terms of Use, the Website, User Content, or your use of the Website, even if Ermis Network has been advised of the possibility of such damages.

Indemnity

You shall indemnify and hold harmless Ermis Network from and against any and all claims, damages, and expenses, including attorneys' fees, arising from or related to your use of the Website, User Content, including without limitation your violation of these Website Terms of Use.

Modifications

We may modify or replace any part of these Website Terms of Use at any time and without notice. You are responsible for checking the Website periodically for any changes. The new Website Terms of Use will be effective immediately upon its posting on the Website.

Governing law

Vietnamese law governs these Website Terms of Use and any disputes between you and Ermis Network, whether in court or arbitration, without regard to conflict of laws provisions.

Privacy

All personal data we collect and process from your access and use of the Website is subject to the Ermis Network Website Privacy Policy.