Terms and Conditions

Introduction
The website of Enclave:10 is available for any user worldwide. Enclave:10 builds up and maintains this website for the information purpose only. By using this website, you are deemed to have read and agreed  the terms and conditions in full complying with all applicable laws and regulations. In addition, you are deemed to agree not to interrupt or attempt to interrupt the operation of this website in any manner.

If you disagree with these terms and conditions or any part of these terms and conditions, you may not use this website.

License to use website
Unless otherwise stated, Enclave:10 and/or it licensors own the intellectual property rights in the website and material on the website; the website contents, patents, copyright, trademark, and other intellectual property rights are protected by worldwide copyright laws. Subject to the license below, all these intellectual property rights are reserved.

You must not:

  • republish material from this website (including republication on another website),
  • sell, rent, or sub-license material from the website,
  • show any material from the website in public,
  • reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose,
  • edit or otherwise modify any material on the website, or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Enclave:10’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Enclave:10’s express written consent.

Restricted access
Access to certain areas of this website is restricted. Enclave:10 reserves the right to restrict access to other areas of this website, or indeed this entire website, at Enclave:10’s discretion.

If Enclave:10 provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Enclave:10 may disable your user ID and password in Enclave:10’s sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Enclave:10 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Enclave:10 the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, Enclave:10 or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Enclave:10 reserves the right to edit or remove any material submitted to this website, or stored on Enclave:10’s servers, or hosted or published upon this website.

Notwithstanding Enclave:10’s rights under these terms and conditions in relation to user content, Enclave:10 does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Limitations of liability
Enclave:10 will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss,
  • for any indirect, special or consequential loss, or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Enclave:10 has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Enclave:10’s liability in respect of any:

  • death or personal injury caused by Enclave:10’s negligence;
  • fraud or fraudulent misrepresentation on the part of Enclave:10; or
  • matter which it would be illegal or unlawful for Enclave:10 to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Enclave:10 has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Enclave:10 officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Enclave:10 officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Enclave:10.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Enclave:10 and undertake to keep Enclave:10 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Enclave:10 to a third party in settlement of a claim or dispute on the advice of Enclave:10 legal advisers) incurred or suffered by Enclave:10 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to Enclave:10 other rights under these terms and conditions, if you breach these terms and conditions in any way, Enclave:10 may take such action as Enclave:10 deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Violation & Service Termination
The terms and conditions are subjected to change from time to time and should be reviewed for changes periodically. By anyhow, any part or the whole terms and conditions are violated and against any applicable laws, in any manner, Enclave:10 reserves the rights to postpone or terminate the authorization, rights, and license given to you for accessing and using of this website at any point of time at its sole discretion.

Local Laws
These Terms and Conditions and provisions stated herewith will be governed by and constructed in accordance with the laws of Socialist Republic of Vietnam, without giving effect to its conflict of laws provisions or your actual country, territory of residence. Any claims, legal proceeding or litigation arising in connection with these Terms and Conditions will be brought solely in Vietnam, and you consent to the jurisdiction of such courts.

Copyright Notice
© 2015 Enclave:10. All rights reserved. Enclave:10 respects the intellectual property of others, and requires that you do the same.

Credit: This document was created using a Contractology template available at http://www.freenetlaw.com.