The effective date of this Agreement is July 15th , 2009

1 - Acceptance of Terms

1.1 - Your access to and use of Phuong Mai Gallery (‘the Website’) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 - We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 - The Services

The Website may provide Vietnamese Contemporary Fine Arts information, artists and their original artworks in our gallery such as image galleries, image of artworks, email, bulletin boards, art news and/or other message or communication facilities (‘the Services’) designed to enable you to take a sightseeing to shop around Phuong Mai Gallery online for Vietnamese Contemporary Art Works/ Vietnamese Contemporary paintings and its information. Unless stated otherwise the Services are for your personal and non-commercial use only.

3 - Child Supervision

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Website/Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself of your children via any of the Services.

4 - Privacy Policy

We are committed to responsible data management and subscribe to the principals of the data protection legislation in the VN. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services or process your order and send you future information or regarding special promotion, etc. This information also helps us determine what is most beneficial for our customers, and how we can continually create a better overall experience for you.

5 - User Account, Password and Security

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will Phuong Mai Art Gallery or any companies associated with Phuong Mai Gallery be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

6 - Acceptable Use

6.1 – You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent. Phuong Mai Gallery or any companies associated with Phuong Mai Gallery will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. 6.2 – In using the Website/Services you agree not to:
6.2.1 – use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 – post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 – post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 – threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 – use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
6.2.6 – make unavailable or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 – collect or store personal information about others, including email addresses;
6.2.8 – advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 – impersonate any person or entity for the purpose of misleading others;
6.2.10 – violate any applicable laws or regulations;
6.2.11 – use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
6.2.12 – post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 – attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 – We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

7 - Links To Third Party Websites

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Phuong Mai Gallery or any companies associated with Phuong Mai Gallery is not responsible for the content or availability of any such sites.

8 - Indemnity

You agree to indemnify, defend and hold us and all our directors, officers, employees, information providers, the Image Owners licensors and partners harmless from and against any and all liability and costs including without limitation legal fees and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You will co-operate as fully as reasonably required by us in our defense of any claim. We reserve the right at our expense to assume the exclusive defense and control of any matter and you shall not in any event settle any matter without our written consent. Those who choose to access this website do so at their own risk and are responsible for compliance with all local laws to the extent any such local laws are applicable.

9 - Disclaimers and Limitation of Liability

9.1 – Use of the Website/Services is at your own risk. The Website/Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 – To the extent permitted by law, Phuong Mai Gallery and companies associated with Phuong Mai Gallery will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services. 9.3 – Phuong Mai Gallery or companies associated with Phuong Mai Gallery makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. 9.4 – Phuong Mai Gallery or companies associated with Phuong Mai Gallery is not responsible in any way for any artwork sales that you or third parties may engage in.
9.5 – Phuong Mai Gallery or companies associated with Phuong Mai Gallery reserve the right to refuse use of the Services.
9.6 – Phuong Mai Gallery or companies associated with Phuong Mai Gallery reserve the right to refuse or remove images or text posted on the Website.

10 - Suspension and Termination of Services

Without prejudice to these terms and conditions we may suspend or discontinue this website and service or your access to the same or any other site at any time with or without cause and with or without notice. Additionally by using this website you accept that the Internet uses elements and relies upon services input and facilities which are not within our control or that of the Image Owners, our Licensors Information Providers and if we or they are totally or partially prevented or delayed in the performance of any of our or their obligations in providing a particular service such a situation will constitute force majeure and we or they shall be excused the performance for so long as such a situation endures.
We reserve the right to suspend or terminate any use by you of this website where it appears to us that your use is in breach of these Terms including the provision of false registration details or other misuse of the services offered through this website and we may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms.

11 Governing Law

These Terms and Conditions shall be governed by and construed on accordance with the law of Vietnam and you hereby submit to the exclusive jurisdiction of the Vietnam courts.