Terms and Conditions of Terato Smart Sales

ACCEPTANCE

Terato Smart sales (TSS) is a classified app provide a collection of online resources that include classified advertisements and forums on its website and the mobile application of the platform. The Website and the Service are provided to you subject to these Terms and conditions of TSS platform. For the purpose of the Terms and wherever the context so requires, the terms 'you'' and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. By accessing, browsing or using the Website or Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Terato Smart sales (TSS) sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time.

DESCRIPTION OF SERVICE AND CONTENT POLICY

Terato Smart sales (TSS) is the next generation of free online classified app. We act as an online marketplace platform to allow our users who comply with these Terms to offer, buy and sell products and services that’s listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors such as cash involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Terato Smart sales (TSS) is not a part of any such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service, application and the Website at your own risk. You understand that TSS does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside TSS’s domain or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service content, and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Terato Smart sales (TSS) be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that TSS permits such goods and services to be displayed and offered on the Website that conform with the terms stated herein, however TSS does not pre-screen or approve any Content, but that Terato Smart sales (TSS) has the right, in its sole and absolute discretion, to refuse, delete or move any type of content that is or may be available through the Service, for violating these Terms and such violations being brought to TSS’s knowledge or for any other reason or no reason at all. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by TSS on the website and that any copyrights therein belongs to Terato Smart sales (TSS) and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to TSS. ii) You acknowledge that the information and/or photographs that you post on the Website is stored and compiled by TSS in a proprietary database and that the uploaded information and/or photographs are modified by TSS by applying a watermark of Terato Smart sales (TSS) logo and in such derivative works also the copyright belongs to TSS. iii) You shall continue to, for such time the Content is available on the Website, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license TSS to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms and iv) You have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, by submitting any Content on the Website, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to Terato Smart sales (TSS) an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and TSS’s business, that include without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Terato Smart sales (TSS) does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and TSS expressly disclaims any and all liability in connection with user Content. TSS does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and TSS may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights.

FEATURED ADS

Terato Smart sales (TSS) may offer a service known as "Featured Ads" where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, which may be governed by its own terms of use and other policies. TSS makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party service provider, and your linking to any Third Party service is completely at your own risk, and TSS disclaims all liability related thereto. Featured Ads are subject to the Terms listed herein, as well as additional terms of service.

CONDUCT

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

That violates any law or regulation;

that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party other intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Terato Smart sales (TSS) all of the license rights granted herein; that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s); that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever; that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant. that includes personal or identifying information about another person without that person's explicit consent; that impersonates any person or entity, including, but not limited to, an TSS employee, or falsely states or otherwise misrepresents an affiliation with a person or entity; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; that is false, deceptive, misleading, deceitful, or constitutes "bait and switch" offer; that constitutes or contains "network marketing", "multi-level marketing", "Ponzi and pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature; that constitutes or contains any form of advertising or solicitation if 1. posted in areas or categories of the Website which are not designated for such purposes; or 2. e-mailed to Terato Smart sales (TSS) users who have requested not to be contacted about other services, products or commercial interests; that includes links to commercial services or Third Party Websites, except as specifically allowed by TSS; that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law of local jurisdiction; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

Additionally, you agree not to:

contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone; make any libelous or defamatory comments or postings to or against anyone; collect personal data about other users or entities for commercial or unlawful purposes; Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our servers and other infrastructure; post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas; Attempt to gain unauthorized access to computer systems owned or controlled by TSS or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

PAID POSTINGS

Terato Smart sales (TSS) may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.

POSTING AGENTS

As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Terato Smart sales (TSS) prohibits the use of Posting Agents, directly or indirectly, without the express written permission of TSS. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Terato Smart sales (TSS).

LICENSE TO ACCESS THE SERVICE

Terato Smart sales (TSS) grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) Access to or use of the Service by Posting Agents or (b) Any collection, aggregation, copying, duplication, reproduction, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TSS or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personnel, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media).

NOTIFICATION OF CLAIMS OF INFRINGEMENTS

Terato Smart sales (TSS) is not liable for any infringement of copyright or other intellectual property rights, arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property rights or intellectual property rights of the owner on whose behalf you are authorized to act, you may submit a notification to TSS together with a request to delete the relevant Content in good faith. The notification and the request must contain the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site; identification of the Content (by means of data or communication link, AD ID, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TSS to locate the material; information reasonably sufficient to permit TSS to contact you, such as an address, telephone number, and, if available, an electronic mail address; a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law; a signed statement that the intellectual property-owner hold Terato Smart sales (TSS) harmless from any claim of any third party in connection with the removing by TSS of the relevant content; and Signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications must be sent to Terato Smart sales (TSS) Classified app.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Website, (other than the user Content that you licensed to TSS under Section 2(3) of the Terms), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TSS, and are subject to copyright and other intellectual property rights under the Vietnam laws international treaties and/or conventions. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Terato Smart sales (TSS). You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any rights in relation to such trademarks. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Service is protected to the maximum extent permitted by the copyright laws, other laws of Vietnam, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright including but not limited to as a literary work, a collective work and/or compilation, pursuant to copyright laws, other laws of Vietnam, and international treaties and conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation, or allowing others to do so, is expressly prohibited.

USER SUBMISSIONS

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Terato Smart sales (TSS) is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TSS with respect thereto.

INDEMNITY

You agree to defend, indemnify and hold harmless Terato Smart sales (TSS), its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Website and/or the Service (ii) Your violation of any term of these Terms (iii) Your violation of any third party rights, including without limitation any copyright, trademark, and other intellectual property rights, trade secret or other property, or privacy rights (iv) Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Terato Smart sales (TSS) email addresses or through TSS computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time TSS may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between users in the TSS e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Terato Smart sales (TSS) computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal liabilities and penalties.

LIMITATION AND TERMINATION OF SERVICE

You acknowledge and agree that Terato Smart sales (TSS) may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Terato Smart sales (TSS) has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that TSS reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that TSS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Terato Smart sales (TSS), in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if TSS believes that you have violated these Terms. Further, you agree that Terato Smart sales (TSS) shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.

VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Terato Smart sales (TSS) homepage. Any failure to act by TSS with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. Notwithstanding the aforesaid clauses regarding any other provision of these Terms, TSS retains the right to seek legal and equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.