terms_of_use

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TERMS OF USE

I. Purposes, contents - Terms of use

1. Service purposes and contents

  • POPS Application specializes in sharing recreational, slice-of-life videos and clips.

2. Terms of Use

  • - To access and use the POPS Application, Members shall agree to and comply with such terms as set forth herein and the rules and regulations to which the POPS Application is affiliated, integrated and incorporated.
  • - Upon access and use of POPS Application by any means (computers, phones, televisions, Internet-connected devices) or use of POPS Application, Members shall comply with this Regulation.
  • - Supporting Platforms include: website https://pops.vn/, Samsung smart television, Android television and LG television, iOS and Android smartphones (rooted or jailbroken devices are not supported).
  • - Some features of POPS Application:
  • a. Free-of charge viewing: Members can watch films on POPS Application for free.
  • b. Purchasing special contents called topping up POPS Stars: Members may pay to unlock chargeable and time-unlimited comic contents and may not transfer to other Members.
  • c. Purchase Removing Ads package: Members may pay to buy Removing Ads service when they watch free movies on POPS Application for a certain period of time, which is called as Removing Ads package period. The Removing Ads package does not turn off built-in advertisements of the producer’s contents.
  • d. Payment service: is a feature on POPS Application that allows Customers to top up POPS Stars or buy the Removing Ads package by such methods built in the operating system of the Member’s device.
  • e. Video sharing: Members may share videos on the POPS Application by using links provided by POPS on the video player interface.
  • - To meet the needs of Members, POPS Application is continuously improved and developed and by that, the terms specified in the Agreement on providing and using the service POPS Applications are subject to update and revision at any time without prior notice to Members. POPS Application shall clearly declare such changes and supplementations on the Website, social networks and forums.

II. Account registration and use of services

  • 1. Some features of POPS Application require Members to have an account registered at POPS Application to use. If a Member does not have an account registered at POPS Application, he/she can only use regular features of the Application. POPS Application encourages Members to register an account to make the best use of POPS Application with the full features and service values. Members may register account by following instructions on POPS Application.
  • 2. To register and use his/her account, the Member shall be a person at the age of 14 and above and have his/her civil capacity neither limited nor disabled. Children and minors may use POPS Application only upon a Member’s permission and supervision or through a child’s account on the POPS Application.
  • 3. Members are solely responsible for their behavioural competencies in registering and using the POPS Application. If an Internet user under 14 years of age wants to register for membership, his/her legal guardian shall approve and decide on the registration of the guardian’s personal information as a representation of his/her approval and legal responsibility for such registration.
  • 4. After a Member logs in to the system, the Member could be able to change his/her name. Member’s name shall conform to the naming rule as prescribed and not violate the prohibitions of this Agreement.
  • 5. Members shall register, login to use the Services, share information on POPS Application. Each Member may register only 1 account on the Application.
  • 6. There may be website links or icon of any other websites appearing on the POPS Application and the POPS Application does not own or control these websites. Access to these sites is subject to the sole risk and threat to Members. POPS Application shall not be responsible for the contents of any website or destination other than the web pages of POPS Application’s system.
  • 7. POPS Application may incorporate advertisements and advertisements may contain links to other websites. Like many other platforms, POPS Application sets and uses cookies to learn more about how Members interact with contents and thereby improve Members’ experiences as well as maintain personal settings of Members.
  • 8. POPS Application provides chargeable feature to remove advertisements. POPS Application reserves the right to update and change the price of such feature from time to time. Members register to use the feature through in-app-purchase method on Android or iOS mobile device. After making successful payments, the feature shall be activated for the same account of POPS Application on all devices (computers, phones, televisions, Internet-connected devices). Feature do not support to refund after being paid successfully and are not renewed automatically.
  • 9. “POPS Stars” is a chargeable feature that allows Members to access exclusive contents on POPS. POPS shall determine the number of POPS Stars needed to access each item of exclusive contents. Members receive POPS Stars via the in-app-purchase method on Android or iOS mobile devices and other methods of payments. The number of POPS Stars is synchronized for all devices logging in on the same account. POPS reserves the right to update and change the POPS Stars conversion rate from time to time. The new conversion rate shall be effective automatically at the time of POPS’ notification to Members. Once a payment is made successfully, refund or cash-out shall not be supported.

III. Contents prohibited from exchanging and sharing on POPS Application

  • Members using services of POPS Application system are strictly prohibited from committing certain acts including, but not limited to the following:
  • 1. Abusing the provision, exchange and use of information on POPS Application for any of the following purposes:
    • - Acting against the Socialist Republic of Vietnam; causing harm to national security, social order and safety; undermining the national great unity; propagating war of aggression and terrorism; causing hatred, conflicts between nations, ethnic groups, races, religions;
    • - Propagating or inciting violence, obscenity, depravity, crimes, social evils, superstition; undermining the nation’s fine traditions and customs.
    • - Discussing, posting contents on political issues.
  • 2. Abusing the use of POPS Application system to disclose the State’s secrets, military, security, economics and foreign relation secrets and other secrets as regulated by laws in any form on POPS Application’s website system.
  • 3. Advertising, propagating, purchasing or selling prohibited goods or services or disseminating prohibited pieces of journalism, literature, arts or publications on POPS Application.
  • 4. Harassing, verbally abusing, attacking, disturbing or committing any act of poor culture when communicating with others.
  • 5. Members reserve the right to use their images and videos. When using images and videos of other individuals, Members shall obtain the consent of such person. It is strictly forbidden that the use of images or videos of others infringes the honour, dignity or reputation of the person related to such images or videos.
  • 6. Abusing POPS Application to collect Members’ information, publish information and documents on the private life of any other Member.
  • 7. As regard to Members’ naming (nick name, username):
    • • Naming after public figures, leaders of the Communist Party and the State, criminal individuals or organizations, reactionaries, terrorists, or accounts that have unhealthy meaning or are contrary to fine traditions and customs.
    • • Member’s name coinciding with the Moderators and Administrators.
    • • Member’s name intentionally identical with other members in any form or technique.
    • • Member’s name like abc1, abc2, abc3.
    • • Member’s name containing invisible or hidden characters.
  • 8. Providing information that distorts, slanders, ridicules, or insults the reputation of any organization or individual in any form (ridiculing, disparaging or discriminating any religion, gender, race, ...).
  • 9. Promoting any product in any form, including but not limited to the delivery or transmission of any promotional, soliciting message, chain mail or investment opportunity on POPS Application.
  • 10. Abusing POPS Application to organize betting, gambling or bargains involving money, cash or kinds. Sharing fshare, megashare, tenlua, itunes and mediafire accounts.
  • 11. Illegally obstructing, disrupting or destroying the server system; Obstructing the access to information and use of legitimate services on POPS Application.
  • 12. Unauthorized use of passwords, encryption keys of organizations and individuals, exclusive information, personal information and Internet resources.
  • 13. Directly or indirectly using any device, software, Internet website, web-based service, or other means to remove, alter, skip, circumvent, obstruct or undermine any copyright, brand or other mark of proprietorship affixed on the Contents (such as logos) or any other data control system, equipment and other contents protection as well as measures to restrict access from different geographic regions.
  • 14. Directly or indirectly through any device, software, Internet website, web-based service, or other means, copying, downloading, capturing, reproducing, duplicating, storing, distributing, uploading, publishing, revising, translating, broadcasting, presenting, displaying, selling, transmitting or retransmitting the contents.
  • 15. Creating, reproducing, distributing or advertising a part of any contents without the consent of POPS Application. Members are not allowed to build any business model that use the Contents whether for profit or not. Contents mentioned in POPS Application includes but is not limited to any text, graphics, images, videos, layouts, interfaces, icons, pictures, clips, audio-visual materials, and still images. In addition, it is strictly prohibited to create works or materials derived from or based on any Contents including montages, similar videos, wallpapers, computer themes, greeting cards and merchandises.
  • 16. Forging any organization or individual and spreading fake, false information on POPS Application, which infringes on legitimate rights and interests of any organization or individual.
  • 17. Creating any link contrary to the lawful domain name of any organization or individual. Creating, installing or spreading malicious software, computer viruses; illegally penetrating, hijacking information systems, creating cyber-attack tools.
  • 18. Using any program, tool or any other form to interfere with the POPS Application’s system.
  • 19. Committing any act in attempts to make unauthorized login or attempting to make unauthorized login or cause damage to the POPS Application’s server system.
  • 20. Re-licensing, assigning or otherwise transferring the copyright of any contents in any form, including but not limited to:
    • • Using any device or software to record the contents on POPS Application during use, so as to playback these contents on any website, video sharing social networks, save to any storage device for review, trading, giving or broadcasting such contents in a public place as provided for in Article 3.21 without POPS’ written consent.
    • • Abusing the policy on the authorization of an unlimited number of devices for the same POPS account, or a flaw in the system which limits the number of devices for the same POPS account, to resell one or several POPS accounts to many people for shared use.
  • 21. Using the services on POPS Application and/or contents for public activities or presentations to a broad audience, including but not limited to:
  • • Using any technique, device, software, or flaw of the system which limits the number of devices for the same POPS account, or other means to log into one account through multiple devices, or to share a signal source of a single POPS account with multiple display devices that exceed the number of devices allowed for the same account.
  • • Violating the provisions of Article VI, such as embedding or inserting POPS website link or video source code on POPS website into any website, social network or other software without POPS’ written consent.
  • • Displaying, broadcasting POPS’ services in public places such as television/audio-visual systems of hotels, cafes, bars, restaurants, food stalls, trading centres, markets, tourism areas, recreational parks, shopping areas, cinemas, massage facilities, karaoke, meeting rooms, office buildings, companies, enterprises, factories, public transport vehicles, stations, vehicle terminals, etc.
  • 22. Unauthorized collecting, storing, reprinting, distributing, revising, exhibiting, performing, publishing, creating of derivative works, offering for sale, or using the contents which is provided through services on POPS Application, unless expressly permitted in these terms of use or agreed in writing by POPS.
  • 23. Decompiling, backward engineering or disassembling any software or product or process which is provided through the services on POPS Application.
  • 24. Inserting any code or product or editing the contents or software which is provided through services on POPS Application.
  • 25. By any means, exploiting, collecting or dissecting any data from services on POPS Application.
  • 26. Posting, sending or otherwise interrupting, destroying or limiting the functions of software or hardware in any device or platform which is used for access to services on the POPS Application.
  • 27. Abusing the use of services on POPS Application to vitiate the national security, social order and safety; undermine the national great unity bloc; propagate war of aggression and terrorism; cause hatred, conflicts between ethnic groups, races, religions; propagate and incite violence, obscenity, depravity, crimes, social evils, superstition; undermine the nation’s fine traditions and customs.
  • 28. Abusing services on POPS Application to collect users’ information, publish information and documents on the private life of any other user.
  • 29. Illegally obstructing, disrupting or destroying the server system.
  • 30. Obstructing the access to information and the use of legitimate services on POPS Application.
  • 31. Creating unauthorized links to legal domain names of any organization or individual.
  • 32. Creating, installing or spreading malicious software and computer viruses.
  • 33. Unauthorized infiltration, hijacking of information systems, creating cyber-attack tools.
  • 34. Using any program, tool or other means to interfere with services on the POPS Application.
  • 35. Other infringements of any forms to the products, properties and reputation of services on POPS Application.
  • 36. POPS reserve the right to unilaterally terminate the delivery of services to a Member without refunding the Service charge paid by the Member, if the Member commits any of the acts prohibited under Article III hereof. In such case, the Member shall be legally liable and indemnify for damages to any third party in accordance with laws.

IV. Rules on the management of user violation penalties

1. Principles for Members:

  • - A Member who violates the agreement on provision and use of the Application shall, depending on the severity of the violation, be subject to corresponding penalties.
  • - In case the Member’s violation is not specified in this Agreement, then POPS Application shall, depending on the nature and severity of the violation, unilaterally and in its sole discretion decide on a reasonable penalty.
  • - Account locking as a form of penalty shall be time-limited or permanent.
  • - Forms of penalty
    • a. Type 1: Suspension of entries and email warnings and reminders.
    • b. Type 2: Suspension of entries, email warnings and reminders, and 7-day account locking
    • c. Type 3: Suspension of entries, email warnings, and 30-day or permanent account locking.

2. As regard to Type 3 as specified at Point c, Article 4.1.4, 30-day or permanent account locking is applicable to the following cases:

  • - The Member abuses POPS Application to oppose the Socialist Republic of Vietnam. This act includes, but is not limited to, naming an individual member in the community room the same to a great man, nation’s hero, leader of the Communist Party and State, or using images, videos, utterances, conversations ... which contain information about political issues or disclose secrets of the Socialist Republic of Vietnam.
  • - Pornographic information, images and videos: The Member posts pornographic images, videos, sounds, clips, sex chats or information about the address of live sex chat rooms, pornographic videos, or propagates pornographic contents.
  • - Betting and gambling information: The Member abuses POPS Application to upload information, contents, images, videos, sounds, clips which contain information for an organization of betting, gambling or bargains involving money, cash or kind.
  • - Spreading fraudulent information: The Member uses texts, images, videos, sounds or clips containing fraudulent information: forging any organization or individual; cheating, deceiving, appropriating other people’s property.
  • - Vandalizing POPS Application system: The Member abuse the use of products to infiltrate the server system to destroy the product or obstruct the access to information. The Member uses technical tools to hack activity points, items, or to cause machine crashes, to spam chats.
  • - The Member uses the community room to entice offline meetings in order to commit illegal acts.
  • - The Member spreads advertisements, massive spam.
  • - The Member repeats a violation despite receiving warnings and reminders for 2 times.

3. As regard to the Type 2 as specified at Point b, Article 4.1.4, 7-day account blocking is applicable to the following acts:

  • - Communicative behaviour: Using slightly obscene language in chats, spamming chats, inciting other members to visit other channels of POPS Application to disrupt or disseminate infringing information.
  • - Privacy infringement: Using personal images, videos of others, publicizing personal documents and other information such as identity, address, phone number without consent and making harassing calls or inciting others to harass.
  • - Offense to others: Using images, videos, information, sounds or clips; insulting, providing information that distorts, slanders, ridicules, or insults the reputation of any organization or individual.
  • - Copyright infringement: Taking possession of contents on channels, copying or quoting without permission the copyrights of others.
  • - Repeating a violation despite having received warnings and reminders for the first time.

4. As regard to the Type 1 specified at Point a, Article 4.1.4, warnings and reminders shall be applicable to the following acts:

  • - Offending, distorting and insulting another members’ dignity.
  • - Deliberately inciting the member community by faulty posts that offend the culture and ethics.

V. Scope of information provision and exchange.

  • 1. POPS Application Members may contact to provide active contents that is relevant to the fields of operation covered by POPS Application, does not violate the laws or regulations of POPS Application.
  • 2. Contents of categories shall be compatible, relevant to the topics that POPS Application heads for.
  • 3. The regulations on posting of contents on the Application include but are not limited to the following:
    • - Before making any post, check the Application and forum for whether the post’s contents have been posted yet.
    • - Headline and entry contents shall be clear and serious.
    • - Do not post a content in multiple locations.
    • - For those categories where templates are available, members shall make prepare their posts with the provided template.
    • - Replies shall be constructive, clear, and not digress.
  • 4. POPS Application does not certify any contents posted by any Member. POPS Application do not allow infringements to service-related copyrights and intellectual property, and POPS Application shall, without prior notice, remove all published contents if it is notified that any contents infringes intellectual property.
  • 5. POPS Application’s website system allows Members to post videos, information, images, other clips on the website, except for the prohibited contents as specified herein and other relevant legal documents.
  • 6. Members are the persons who execute the right to chat, share experiences, online exchange, vote, etc., in accordance with the regulations of POPS Application. Members agree that they would not post on POPS Application any copyrighted contents, trade secrets or other contents related to the intellectual property of third parties, unless the Member is the lawful owner of these contents or upon approval of the owner.
  • 7. Members may be responsible to compensate the civil damages, may subject to administrative penalties or criminal prosecution if they violate the copyright or any related right.
  • 8. Members authorize POPS Application to use, spread, display, revise, compile any Members’ ideas, concepts, methods, suggestions, implications, comments or other forms, which are provided, exchanged and shared free of charge by Members through POPS Application’s website system for the purpose of upgrading, broadcasting, promotion of the POPS Application itself. Members agree to waive any rights and claims to any bonuses, considerations, royalties, fees or other payments in connection to POPS Application’s use, distribution, presentation, revision and compilation of any or all Members’ information, images, videos which are provided, shared or exchanged by Members as specified herein.
  • 9. Members are entitled to re-use any post for such purposes as, among others: revision, compilation, distribution, or presentation of such post for personal or non-commercial purposes.
  • 10. In the areas allowed to broadcast images, videos and posts, Members may share permitted information, images and videos under the POPS Application’s default formats. Members undertake to fulfil their responsibility in assuring the legal use of digital information provided on the Internet system.
  • 11. In all cases, POPS Application reserves the right to censor would-be posts for conformity to fine traditions and customs, code of ethics and national security rules. It is of our discretion to allow or disallow any Member’s article, information, image, video to appear or exist on POPS Application’s website system.
  • 12. Members understand and agree that by using the website and this Application, they shall be exposed to various information, images, videos from different sources. POPS Application is not responsible for the accuracy, usefulness, safety, or intellectual properties associated with the information posted by other Members. If a Member, when using our products, should find any information, comments posted by other Members to be untrue or irritating, then the Member may contact POPS Application to take necessary actions that protect his/her interests.
  • 13. POPS Application cares about the safety, privacy and rights of all user members, especially children. Therefore, if a Member is the parent or legal guardian of another Member, he/she shall be responsible for considering and determining which POPS’ products and contents are appropriate for their children. Likewise, if the Member is a child, he/she shall consult with his/her parents or legal guardian on whether the products or contents under his/her use are appropriate or not.
  • 14. POPS cares about the safety, privacy and rights of all user members, especially children. Therefore, if a Member is the parent or legal guardian of another Member, he/she shall be responsible for considering and determining which POPS’ products and contents are appropriate for their children. Likewise, if the Member is a child, he/she shall consult with his/her parents or legal guardian on whether the products or contents under his/her use are appropriate or not.
  • 15. When Members access other products, applications or websites linked to this Application, Members shall understand and comply with regulations on the products under their use. It is likely that some products are not owned by POPS Application; therefore, Members are solely responsible for the risks incurred from the use of such products.
  • 16. To ensure the satisfaction of Members, POPS Application takes continuous efforts to innovate and upgrade its products. Therefore, this product can be developed on telecommunication devices or other technologies (if any); as such, personal information, including but not limited to the whereabouts of Members using services or products, is likely to be displayed.
  • 17. Members may interactively select to use the contents on POPS Application and may not interfere with others’ selection by commenting. Member accepts any risk incurred and POPS waives the responsibility for this.

VI. Rights and Obligations of Members

  • 1. To use POPS Application services in accordance with the service agreement between POPS Application and Members upon registration of service packages and payment completion.
  • 2. To have their exclusive information and personal information protected in accordance with this agreement and provisions of laws on personal information security.
  • 3. To comply with regulations on management, provision and use of the Application.
  • 4. To be responsible for the information they store, provide, and post on POPS Application.
  • 5. Members are responsible for keeping confidential the registered account information by securing the member’s password and account-related information. The Control over the account is conducted via using the passwords; in order to maintain exclusive control, Members may not disclose the password to anyone. In addition, Member may not disclose payment particulars related to their account. If the above information is disclosed in any manners, Members shall accept the risks incurred. POPS Application shall use the information available in the account as a base to determine the owner of the account in case of dispute and we shall not be responsible for any losses incurred.
  • 6. Member agrees to immediately notify POPS Application of any unauthorized use of their account and password or any act of breaking down any security systems. Members also ensure to log out their accounts after each session.
  • 7. Members should take care of the devices used for access to POPS Application in order to secure their accounts. POPS is not responsible for any damages arising from any unauthorized use of a Member’s account. Besides, POPS reserve the right to suspend or terminate the use of a Member’s account, so as to protect the Member, POPS or its partners against wrongful acts or law violations.
  • 8. Upon detection of any error of POPS Application or infringing contents, Members shall notify POPS Application’s Management via:
    • - Website: https://pops.vn
    • - Email: popsapp-support@pops.vn
    • - Phone: 02862921652
  • 9. A Member may be subject to administrative penalties or criminal prosecution if he/she violates any copyright or related rights when using this POPS Application.
  • 10. Members shall absolutely comply with the regulations on prohibited acts, scopes of information provision and exchange specified herein. In case one or more violations are committed, POPS Application shall, depending on the severity of the violation, permanently lock the account and may request for prosecution of the Member under the laws if necessary.
  • 11. To exercise other rights and responsibilities in accordance with laws.
  • 12. To request POPS’ assistance in handling inquiries and claims during service use.
  • 13. To make a claim, Members shall provide papers, evidence and grounds related to the claim and be responsible for the contents of the claim, papers, evidence and grounds provided by them in accordance with provisions of laws. POPS support and resolve claims and denouncements only in cases where the claimant has provided complete, truthful and accurate information.
  • 14. When Members use POPS Application to view free-of-charge contents provided by POPS, they should understand and accept the appearance of advertisements.
  • 15. Members undertake to use POPS Application and any contents provided via POPS Application for personal entertainment and non-profit purposes. Members have a non-exclusive right to access and view contents via POPS Application.
  • 16. Members agree that the quality of services on POPS Application and contents is susceptible to many factors such as location, bandwidth quality, internet connection speed and configuration of Members’ devices and POPS shall not assume any responsibility if the quality of services on POPS Application and the actual contents is affected by these factors.
  • 17. Members agree that POPS may, in order to provide the best quality of POPS services and contents, inspect, update and improve the service properties and features of POPS Application, including but not limited to: website, mobile applications, user interface experience, service level, plans, advertising features, contents list, product delivery methods and service prices. By using the services on POPS Application, Members authorize POPS to perform the above inspections, updates and upgrades without prior notice to or permission of Members. These inspections, updates and upgrades may interrupt POPS services for a reasonable period of time.
  • 18. Other obligations as provided in these Terms of Use.

VII. Rights and responsibilities of POPS Application

  • 1. To provide POPS Application except for those services prohibited by laws.
  • 2. To publicly disclose the agreement on the provision and use of POPS Application.
  • 3. To take measures to keep confidential Members’ exclusive information and personal information; to notify Members of the rights, responsibilities and risks related to online archival, exchange and sharing of information.
  • 4. To ensure the Members’ discretion on the provision of their personal information to other organizations, business entities or individuals.
  • 5. To coordinate with the State competent authorities in removing or preventing contents that violates the laws.
  • 6. POPS Application reserves the right to provide exclusive information and personal information of Members related to terrorism, crimes, legal violations at the request of any State competent authority.
  • 7. POPS Application has a Vietnam-based server system subject to the inspection, examination, archival and provision of information at the request of State competent authorities and for the settlement of Members’ claims on service provision in accordance with regulations of the Ministry of Information and Communications.
  • 8. To carry out the registration, archival and management of personal information of the personal website creator and other declarants on the Application, in accordance with regulations of the Ministry of Information and Communications. To ensure that only those who have provided complete and accurate personal information as prescribed can set up an online personal page or provide information on the Application.
  • 9. POPS Application shall conduct reports as prescribed and be subject to the inspection and examination of State competent authorities.
  • 10. During the use of products, if a Member violates any term of this Application provision agreement, we shall have the discretion to terminate and delete the Member’s account without Member’s consent and not assume any liability to the Member.
  • 11. In case any account holder commits a violation during the use of POPS Application product, we may deny all interests of such account holder to the use of the product and shall require functional authorities to prosecute the Member under the laws if necessary.
  • 12. When detecting any violation such as hacking, disseminating prohibited contents or other errors, POPS Application may forward the information provided by Members upon their account registration to the functional authorities in accordance with provisions of laws.
  • 13. When detecting any breach on the prohibited contents as set forth in this Agreement, POPS Application may choose not to immediately display the infringing information that has been updated by the Member, and/or to warn, lock, suspend the offending Member’s account. When receiving a denouncement from another Member, POPS Application shall monitor, inspect and log data and relevant evidence. If detecting any violation, POPS Application may choose not to immediately display the infringing information that has been updated by the Member, and/or to warn, lock, suspend the offending Member’s account. We (POPS Application) have the discretion to decide the penalties against violations. We impose appropriate penalties depending on the nature, degree of impacts and severity of violations. POPS Application’s decision is final and binding on users.
  • 14. To assist the account holders during their use of POPS Application’s product.
  • 15. To receive and resolve Members’ claims arising during their use of POPS Application, provided that we support, accept and settle only claims from those accounts with information fully, truthfully and accurately registered as required, including but not limited to information requested upon registration and payment confirmation on the payment gateway. In some cases as necessary, POPS may request Members to provide additional information and documents within a certain time frame for purpose of claim settlement; and in such cases, Members shall undertake to cooperatively provide such requested information and documents on time.

VIII. Limitation of liability and waivers.

  • 1. During the operation of POPS Application, we are legally liable only for issues related to the technical system failures of POPS Application.
  • 2. If any risk or damage incurs in force majeure events including but not limited to electrical short circuits, damages to hardware or software, Internet transmission failures or natural disasters, the users shall bear such risks and damages, if any. We pledge to strive for mitigation of risks and damages, however, POPS Application shall not bear any responsibility in such contingencies.
  • 3. We (POPS Application) are completely not responsible for the risk in any Members’ transactions with third parties during their use of POPS Application product. When a Member uses the product and/or transacts with a third party, such Member should have understood and agreed to be solely responsible for any risk incurred.
  • 4. Members’ articles, images, videos and media are possibly flaw-prone, objectionable, illegal, inaccurate or inappropriate; POPS Application is not responsible for any articles, clips, videos and images. Posted contents do not reflect POPS Application’s point of view or policies. We reserve the right, but are not obliged, to monitor and censor or remove such contents unless we are grounded to judge that the posted contents are in violation of this agreement and laws.
  • 5. POPS may fail to fulfil its undertakings hereunder in case of force majeure.
  • 6. POPS waive any commitment or agreement with a Member which is not expressly provided herein or in written confirmation between POPS and the Member.
  • 7. POPS is released from damage, losses, administrative, civil or criminal liability to any third party which is caused by a Member during his/her use of POPS services.
  • 8. For the purposes of these Terms of Use, “Force Majeure Event” is construed as an unforeseeable and unavoidable event beyond the reasonable control of the Party affected by that event, whether at the time being or in the future, including natural disaster, war, threat of war, act of terrorism, military or naval intervention, vandalism, intentional vandalism, uprising, flood, tornado, earthquake, thunder, storm, fire, embargo, pandemic, strike, satellite failure, electrical short circuit, hardware or software failure, internet transmission failure, which may interrupt or deteriorate POPS’ service quality.

IX. Copyright and procedure for copyright infringement reporting

  • 1. At locations where Members are allowed to post, they may share permitted information in our default formats and Members are solely responsible for the contents, information, images, videos and any other sharing as well as the legality of and liability for such contents, information and sharing toward Member individuals or groups and organizations. In all cases, however, we reserve the right to censor would-be posts for conformity to fine traditions and customs, code of ethics and national security rules. We have the discretion to allow or disallow a Member’s post to appear or exist on the Application, forums or locations allowed for information sharing.
  • 2. We have the discretion to, including but not limited to, the copyrights, brands, business secrets, trademarks and other intellectual properties POPS Application’s products. Any use of our rights and titles shall be subject to our prior written permission. We do not give permission in any forms other than writing, whether such license is expressive or implicit for Members to exercise the above rights. Therefore, Members have no right to use our products for commercial purposes without our prior written permission.
  • 3. Members agree that we have the unrestricted and free-of-charge right to use, disclose, apply and revise any idea, concept, practice, proposal, suggestion, comment or other forms of correspondence provided by Members to us through their use of POPS Application product. Members waive and agree to waive any right and claim to any bonus, fee, royalty, dues or other forms of payment in connection with our use, disclosure, application and revision of any or all Members’ feedbacks.
  • 4. The procedure for copyright infringement reporting:
    • - If a Member believes that the intellectual property in any contents, material, image, video or other materials provided by him/her through POPS Application services is infringed, such Member should kindly notify us of the infringement following the procedure as set forth below. We shall handle every copyright infringement report received in accordance with provisions of laws on intellectual property.
    • - We will handle each notice of copyright infringement that we receive and handle by following per under the intellectual property laws.
    • - To support us to have adequate grounds to respond to the Member’s requests, please provide us with written notices having the following information:
      • a. Real signature of the owner or authorized person acting on behalf of the owner of an exclusive product.
      • b. Description of the copyrighted work which the Member considers to be infringed.
      • c. Sufficient description of the location where the Member detects the infringement on POPS Application Services, which allows us to position the infringing material.
      • d. Member’s contact information such as an address, phone number, email, so that POPS Application can contact the Member.
      • e. Member’s statement that the use of such contents is not permitted by the copyright owner, exclusive agent or laws.
      • f. Member’s declaration that the contents of his/her report is correct and that he/she accepts punishment for perjury when he acts on behalf of the copyright owner.
      • g. In case a POPS Application account violates any intellectual property by a Member sending a notice, if it is found that the Account has actually violated, then, depending on the severity of the violation, we (POPS Application) shall have full discretion to delete such violating account.
    • Contact email: popsapp-support@pops.vn

X. Intellectual property

  • 1. Members acknowledge and agree that POPS Application, contents provided via POPS Application, the software and icons used for the provision of POPS services contain intellectual properties under the ownership of POPS and/or POPS’ partners and associates, which are recognized and protected by laws.
  • 2. In addition to those contents belonging to or produced by POPS itself, POPS publish or associates with multiple third partners to provide their contents on POPS Application (including but not limited to movies, television programs, advertisements, etc.) By using such contents, Members acknowledge that any liability arising in relation to such contents is attributed to the third party and POPS shall assist Members but not be responsible for these services.
  • 3. During use of services on POPS Application, Members agree and confirm that:
  • - Members shall respect the intellectual properties of POPS and its partners.
  • - Members shall, without POPS’ written permission, neither store, download, copy, reproduce, distribute, revise, display, present, publish, create derivative works of, nor offer for sale any of the above information or those obtained from or via services on POPS Application.
  • - Members shall not circumvent, remove, alter, cancel, degrade or prevent any contents protection in services on POPS Application.
  • - Members shall not directly or indirectly use any device, software, internet website, web-based service, or other means to remove, alter, skip, circumvent, obstruct or undermine any copyright, brand or other marks of proprietorship affixed on the Contents (such as logos) or any other data control system, equipment and other contents protection as well as measures to restrict access from different geographic regions to POPS Application.
  • - Members shall neither perform nor allow any Third Party to perform any acts that infringe or adversely affect these intellectual properties. In addition, Members undertake to assist POPS in taking measures against the infringement of these intellectual properties by any other Third Party.
  • - Members shall be possibly responsible for civil damages, subject to administrative penalties or criminal prosecution if they violate any copyright or related rights when using POPS services.
  • - If a Member has grounds to believe that any contents, document, image, video or other material provided via POPS services infringes any intellectual property, then the Member shall immediately notify POPS of such risk of infringement via such contact information as specified at Section V.

XI. Risks in archival, exchange and sharing of information via the Internet

  • 1. When sharing information on the Application, Members normally update the contents of their profile, photos, status (messages that Members share with others in the user list) and comments (responses of Member to the status updates of other people). This information accumulates over time and is regularly updated. For example, a Member may reveal where he/she lives, when he/she is available at (and absent from) home, workplace or school. This may inadvertently facilitate the conditions for nefarious persons to use the information for nefarious purposes (theft, murder, rape, etc.).
  • 2. Many online Members may easily reveal information on their personal pages. Exposed information may include email address, date of birth, or phone number, through which the Members are harassed, infiltrated and impersonated online.
  • 3. Many people do not aware that once information is shared and exchanged online, it becomes public. Even if a Member shares a status with only one person or a group of people, the Member cannot control what these people would do with such information. On the other hand, any information shared online can be deemed as public information and shall be widely shared and disseminated. Therefore, Application Members are recommended to proactively deliberate before providing personal information.

XII. Mechanism for claim and dispute resolutions

  • 1. POPS Application is responsible for receiving claims and assisting Application Members in resolving disputes to the extent supported by the Application. Members may send their claims to the email address: popsapp-support@pops.vn
  • 2. POPS Application respects and seriously complies with provisions of laws in settlement of disputes and claims raised by Application Members. Therefore, it is recommended that Members register or write comments with respect to each other and provide full, accurate, truthful and detailed identification information. All acts of deception and fraud in information provision are condemned and fully liable before the laws.
  • 3. Parties of a dispute shall be responsible for taking the initiative to resolve the dispute. The dispute claimant shall be responsible for providing verifiable evidence related to the dispute. POPS Application’s Management shall be responsible for examining the evidence and information given by the claimant and giving feedback through the system whereby the claim has been received.
  • 4. Time limit for settlement of a claim is: 15 working days as of receipt of information from the Member.
  • 5. POPS Application supports and resolves claims and denouncements only in cases where the claimant has provided complete, truthful and accurate information upon account registration.
  • 6. For a dispute between POPS Application Members, POPS Application’s Management may send contact information to the disputing parties so that parties shall resolve by themselves, or POPS Application’s Management shall resolve as the case may be. Accordingly, POPS Application shall utmost protect the interests of legitimate and justifiable POPS Application Members. When parties have settled the dispute, they shall report to the Management of POPS Application. In case the dispute is proven to be due to the fault of a defined member, POPS Application shall give warnings, lock the account or refer to the competent legislative authority, depending on the extent of the breach. POPS Application shall terminate and remove all posts and comments of that member from POPS Application and request that member to make a public apology to the infringed party.
  • 7. If dispute settlement cannot be reached by negotiation between parties, either party may refer to the competent legislative authority in order to ensure the legitimate interests of parties.

XIII. Personal information collection and protection of Application Member’s personal and exclusive information

  • For a better and better quality of services to Members and cooperation with competent authorities upon request, Members acknowledge and approve of POPS collecting the following information after Members’ use of services on POPS Application.
  • 1. Member’s personal information such as: full name, address, email, phone number, account name, account password, avatar, payment information, shopping habits, preferences, lifestyle and any other personal information provided by Members to POPS.
  • 2. POPS’ system also automatically and proactively aggregates and collects the following information:
  • 3. Member’s IP address, Member’s cookies/history during his/her use of services on POPS Application.
  • 4. Information that Members have provided to organizations/Third Parties, whom Members allow to connect to POPS’ system (e.g. a Member signs up by an account linked to social networks or his/her email account).
  • 5. Information that Members authorize POPS to access on their mobile device upon installation of POPS Application.
  • 6. Purposes and scope of collection:
  • - The data collection is mainly carried out on POPS Application and covers the following: full name, phone number, email, ID card/Passport number, issue date and place, username, login password. These details, which are required when a Member registers for use of services, enable POPS Application to contact and confirm the Members’ registration, so as to ensure the interests of Members themselves.
  • - Members shall be solely responsible for the confidentiality and archival of all uses of the services under their registered username, password and email box. Members are also responsible for promptly notifying POPS Application of any unauthorized use, abuse, breach of security, saving of username and password by a third party for proper actions.
  • - POPS undertakes not to disclose to, trade or exchange Members’ information with any Third Party. Members acknowledge and approve of POPS using Members’ information mentioned in this Article for the following purposes:
  • a. To render the provision of services, to provide Members with products or services as requested by the Members, to proceed payments.
  • b. To improve and enhance Members’ experiences on POPS Application.
  • c. To evaluate the use of products and services on POPS Application.
  • d. To give Members the opportunities to join contests or promotion programs.
  • e. To analyse the effects of contents.
  • f. To propose and introduce movies, television programs and advertisements that POPS deems to be of Members’ interest.
  • g. To personalize site experiences on POPS Application, at the same time to evaluate statistics on POPS activity, such as visit time of a Member, websites which refer Members to the Application.
  • h. Each Internet-connected computer is identified by a numeric series called “Internet Protocol” or IP address. When a Member makes a request to the POPS’ server upon access to the site, the server shall recognize the Member by that IP address. This recognition does not affect any of the Member’s personal information other than the fact that a computer is accessing POPS. POPS use this fact to generate statistics on global traffic and to check for any bandwidth abuse, so as to conform to legislative policies on cybersecurity.
  • i. POPS Application may enable advertisements and advertisements may contain links to other websites. Like many other websites, POPS set and uses cookies to learn more about how Members interact with POPS’ contents and improve Members’ experiences during their use of services on POPS Application.
  • 7. Scope of information use. POPS Application uses the information provided by Members to:
  • - Provide services to Members.
  • - Serve notices of the communication between Members and POPS Application.
  • - Prevent vandalism of Members’ user accounts or impersonation of any Member.
  • - Contact and work with a Member in special cases.
  • - Do not use Members’ personal information for any purposes other than confirmation and correspondence in connection with the Members’ activities on POPS Application.
  • - In case it is required by laws: POPS Application is responsible for cooperative providing Members’ personal information at the request of any judicial authority including: Procuracy, courts, police department who are investigating some illegal acts of a Member. No one is entitled to infringe on the personal information of Members.
  • - Archival period. In all cases, Members’ personal information, including but not limited to account, login time, logout time, IP address, activities and activity log, shall be secured on the server of POPS Application for a minimum period of 24 months.
  • -Address of the company that collects and manages personal information
  • Name: POPS Singapore Pte. Ltd.
  • Address: 2 Shenton Way, #18-01 SGX Centre I, Singapore 068804
  • Email: popsapp-support@pops.vn
  • 10. Means and tools for users to access and edit their personal data.
  • - Members have the right to check, update, edit or cancel their personal information by logging into their account and make changes to personal information or requesting POPS Application to do so.
  • - Members have the right to submit to POPS Application’s Administration claims on the disclosure of personal information to any third party. Upon receipt of these claims, POPS Application shall verify, reply, and instruct Members on how to restore and secure the information.
  • - Member personal information confidentiality policy
  • - Contact and work with a Member in special cases.
  • - POPS Application is committed to the absolute confidentiality of Member’s personal information on POPS Application in accordance with POPS Application’s personal information protection policy. The collection and use of information of Member’s personal information can be performed only upon the consent of that Member, unless otherwise provided by laws.
  • - Member’s personal information shall not be used, transferred, provided or disclosed to any third party without the Member’s consent.
  • - In case the information storage server is attacked by hackers resulting in the loss of Member’s personal data, POPS Application shall be responsible for notifying the investigating authority for timely actions and notifying the Member as well.
  • - All online transaction information of Members is absolutely secured at the Data Centre of POPS Application.
  • - POPS Application’s Administration requires that individual users upon registration of membership are responsible for the legality of the above information. POPS Application’s Administration is neither liable nor obliged to resolve any claims related to the interests of any Member whose entire registration information is considered as untrue.

XIV. Validity of the agreement.

  • 1. The terms specified herein are provided on the website and subject to update and amendment at any time without prior notice to Members. POPS Application shall declare on the Website, social networks, forums, Blog - News about such updates and amendments. A Member, by continuing to use of services on POPS Application after such updates and amendments of the Terms of Use, is construed to agree with such updates and amendments.
  • 2. POPS reserve the right to designate or transfer the provision of services on POPS Application and/or the performance of any of POPS’ rights and obligations hereunder to any Third Party and Members agree to cooperate with POPS for the effect of in this designation or transfer.
  • 3.In case one or more terms of the Agreement on provision and use of POPS Application services conflict with the provisions of Vietnamese laws, such terms shall be adapted to the applicable legal provisions. The remainder of the Agreement remains valid.
  • The Agreement on provision and use of POPS Application services take effect as of May 11, 2020.