July 20, 2023
A. GENERAL REGULATIONS
ARTICLE 1: PRINCIPLES OF REGISTRATION AT artLIVE
- Users are fully responsible for all account registration information, account modification and addition information at artLIVE.
- Users must strictly comply with other agreements, regulations and procedures of artLIVE that are publicly posted on the artlive domain name.
- Users are not allowed to set up accounts with the names of famous people, leaders of the Party and State, names of individuals, criminal organizations, reactionaries, terrorists or accounts with unhealthy meaning, contrary to good customs.
- When using the artLIVE social network, the user, as a user of the artLIVE social network, commits that all content and information posted on the artLIVE social network is owned and copyrighted by him/her. Commit not to infringe copyright, illegally use content, information for any purpose.
ARTICLE 2: DEFINITIONS
- The Social Network Service Provider (hereinafter referred to as “Provider“) is BELLA CIAO ONE MEMBER COMPANY LIMITED established and operating legally under the provisions of Vietnamese law.
- The Social Network System is the technical platform and infrastructure to provide services to Social Network Service Users on the artLIVE social network page of BELLA CIAO ONE MEMBER COMPANY LIMITED.
- Social Network Service Users (hereinafter referred to as “Users”) are individuals who own legal Social Network accounts to use Social Network services on the Supplier’s website. It is stipulated that, based on the review and consideration of the Content Moderation Department, the User’s posts are or are not allowed to be posted on the Supplier’s Social Network page, based on the assessment that the content of the post must be consistent with the scope of information exchanged by the Supplier on the Social Network page; and must comply with the provisions of this Agreement and the provisions of the Law.
- Personal information is information associated with identifying the User’s identity, which the User agrees to provide to create a login account for the Provider’s Social Network system according to the registration form on the Social Network page.
- Private information is information that Users provide on the Social Network in a non-public form or only publicly available to one or a group of Users whose specific personal information has been identified.
- Public information is information on the Social Network that the Provider or User publicly discloses to all other users without having to identify the specific personal information of those Users.
- The Social Network Administration Board is a department under the Provider, responsible for managing the operation of the Social Network site; resolve violations, complaints of Users and other related issues in the process of managing the operation of the Social Network site.
- The content censorship department is a department under the Supplier, responsible for checking and approving the content of articles and information provided by Users to post on the Social Network; and at the same time support the Social Network Administration Board to detect and handle violations during the operation of the Social Network page.
ARTICLE 3: REGISTRATION AND STOPPING OF SERVICE USE
- Before registering an account, the User confirms that he/she has read, understood and agreed to all the provisions in the Terms of Use of the artLIVE Social Network.
- When registering an account, the User must agree to provide information truthfully, completely and update this information when there are changes in reality. For information collection, use and security issues, please see the Privacy Policy.
- When registering, the User will create an account at the artLIVE Social Network with a username and a password. The User agrees to be responsible for protecting his/her username and password to prevent unauthorized use by others and promptly notify the artLIVE Social Network of any unauthorized use. Creating an account on the phone will require data transmission, the cost of data transmission, if any, will be borne by the User.
- The User may terminate the registration if the User no longer wishes to use the service. artLIVE Social Network may terminate the User’s registration or prohibit the User from accessing certain parts of the service if there is reason to believe that the User has violated the terms of artLIVE Social Network.
ARTICLE 4: CONTENT PROHIBITED FROM EXCHANGING AND SHARING ON SOCIAL NETWORKS
- Absolutely prohibit all acts: propagating, opposing and distorting the government, institutions, and policies of the State, inciting violence, propagating war, causing hatred between ethnic groups and peoples of countries, inciting obscenity, depravity, crime, social evils, superstition, destroying the nation’s fine customs and traditions, revealing State secrets, military secrets, security, economic secrets, foreign affairs and other secrets as prescribed by law. In case of detection, not only will the account be deleted, but the Supplier may also provide that person’s information to the authorities for legal handling.
- Do not have any behavior or attitude that harms the Supplier’s reputation in any form or manner. Any violation will result in the loss of all rights related to the service or legal action if necessary.
- It is strictly forbidden to organize any form of betting, gambling or agreements related to money, cash, or objects.
- It is absolutely forbidden to insult or ridicule others in any form (mockery, criticism, discrimination against religion, gender, ethnicity, etc.).
- It is forbidden to call for riots, prohibit posting or exchanging information about protests and riots.
- It is forbidden to repost content originating from personal blogs, forums, users reading and writing on newspaper columns…
- Prohibit posting articles from pages with foreign elements such as BBC Vietnamese, VOA Vietnamese…
- Content must not go against Vietnamese customs and traditions and violate Vietnamese law.
- Strictly prohibit bringing the Communist Party of Vietnam, the State of Vietnam, political institutions, history, and leaders into discussion on unrelated topics.
- Prohibit writing articles or exchanging information that propagates superstition.
- All acts of impersonation or intentional impersonation to make others mistakenly think you are another user are strictly prohibited. Any violations will be handled or your account will be revoked.
- Users will not post or transmit any illegal, fraudulent, defamatory, insulting, obscene, pornographic, offensive, threatening, insulting, hateful, provocative information… or contrary to the general moral standards of society of any kind. Content that meticulously describes obscene, violent, gruesome murders; posts and broadcasts offensive, inhumane images; Providing content, images, nude pictures that are sexually provocative, lacking aesthetics, or not in accordance with Vietnamese customs and traditions will be completely prohibited.
- The Provider respects freedom of speech, but also reserves the right to reduce or delete part or all of the User’s posts if it is deemed that the post or any information posted violates the above points, regardless of whether the violation is obvious or implied.
- It is strictly forbidden to propagate any messages of an advertising, invitation, chain letter, investment opportunity, or any form of commercial communication that the User does not want, spam or junk messages, send or transfer any information, software, or other materials that violate or infringe rights of others, including material that violates privacy or publicity rights, or material that is protected by copyright, trademark or other proprietary rights, or derivative works without the permission of the owner or legal right holder. If any account is found to be in violation, the Provider will permanently block the account.
- The User will not post or transmit any information or software that is not owned by the User unless it is free software. Do not post any information or software that contains any virus, Trojan, worm or other harmful components. Do not use or provide information that violates regulations on intellectual property, on e-commerce transactions and other regulations of current law.
- Do not infringe, penetrate, access, use or attempt to infringe, penetrate, access or use any part of the Provider’s server, or any data area without the Provider’s permission. It is strictly forbidden to take advantage of system errors for personal gain, causing damage to the Service Provider or any other organization that the User is not authorized to declare such relationship for the purpose of personal gain, causing confusion for other Users participating in the social network. Users will not be allowed to create fake information about other individuals, organizations, or businesses; false information that infringes upon the legitimate rights and interests of organizations, businesses, and individuals.
- Do not have the right or take actions to restrict or prohibit any other user from using the artLIVE Social Network.
- Do not disseminate press, literary, artistic, musical, film, or publication works that violate the provisions of law.
ARTICLE 5: MECHANISM FOR HANDLING VIOLATING USERS
5.1. HANDLING PRINCIPLES
- If the User violates the terms and conditions of the Agreement on the Provision and Use of Social Network Services or otherwise creates risks or possible legal liability for the Provider, based on the consideration and deliberation of the Social Network Administration Board on the level of damage caused by the User’s violation to the Social Network System and the rights of other Users or other related entities as prescribed in this Agreement, the Social Network Administration Board will decide on the appropriate form of handling the violation.
- The penalty for blocking the artLIVE Social Network account is permanent, which means that the User cannot use the account that has been blocked. that access is blocked.
- If the artLIVE Social Network account is permanently blocked, all User rights will also be permanently blocked.
- For violations by Users, depending on each specific case, the artLIVE Administration has the full right to impose appropriate penalties according to the penalties prescribed in this Agreement.
- Violation handling process:
- Step 1: The Social Network Administration sends a notice reminding the User of the violation by text message or email or regular mail or notice on the Social Network (Each violation is only reminded 01 (one) time); The reminder content includes a request to stop the violation or a request to correct and amend the incorrect information to comply with the provisions of this Agreement.
- Step 2: In case the User repeats the violation, depending on the severity of the violation, the Social Network Administration Board will decide to block the right to comment, the right to post articles or permanently delete the User’s Social Network account without prior notice.
- Note: In case the User commits an illegal act, violates the provisions of the Agreement, seriously affecting the operation of the Social Network system as well as the rights of other related entities, the Social Network Administration Board will decide to delete and block the account The User’s Social Network immediately upon first discovering a violation; and at the same time, the case will be brought to the state management agency for handling in accordance with the provisions of the law of the Socialist Republic of Vietnam.
- The Administration Board has full authority to determine and handle the content of User comments that violate the regulations. The information processing log will be stored for 02 (two) years, the Administration Board has full authority to publicize User violations but does not include deleted or filtered violating content.
5.2. PENALTIES
a. Special penalties and permanent bans are applied to the following acts:
- Users who take advantage of the artLIVE Social Network to sabotage the Party and State of Vietnam. This behavior includes but is not limited to the User using an Account Name/Username that is the same as that of great people, national heroes, leaders of the Party and State, or the User making statements with information discussing political issues or revealing secrets of the Socialist Republic of Vietnam.
- Pornographic information: Users commenting with pornographic content, sex chatting or propagating pornographic content.
- Betting and gambling information: Using the artLIVE Social Network to provide information content to organize forms of betting, gambling or agreements related to money, cash, and objects.
- Spreading fraudulent information: Using the artLIVE Social Network to post fraudulent information; cheating, defrauding other people’s property.
b. Level 3 penalty, account lock for 120 days applies to the following acts:
- Sabotaging the artLIVE Social Network system: Users take advantage of the use of the artLIVE Social Network to infiltrate the server system to sabotage the artLIVE Social Network or hinder access to information; Users use technical tools to hang up, spam chat…
- Using the comment section of Social Networks to entice real-life meetings outside to commit illegal acts.
c. Level 2 penalty, 30-day account lock is applied to the following behaviors:
- Communication behavior: mild pornography, spam, inciting other Users to cause trouble or propagating information that violates the law.
- Advertising: The User name contains advertising information or uses advertising content and information without the written consent of the Provider. In addition, Users use the service for the purpose of advertising, propagating, buying and selling and spreading prohibited goods and services. In this case, depending on the severity, a level 2 or level 3 penalty will be applied.
- Invasion of privacy: Publicizing personal documents and information of others such as identity, address, phone number without consent and making harassing calls or inciting others to harass.
- Attacking others: Using offensive, insulting language, providing distorted information, slander, ridicule, and insulting the reputation of organizations and individuals.
- Copyright infringement: Infringing on the copyright of content use, copy or quote without permission from another person’s copyright holder.
d. Level 1 penalty, 10-day account lock is applied to other non-serious violations.
- In addition to the above forms, in case the User violates, BELLA CIAO ONE MEMBER COMPANY LIMITED will base on the provisions of relevant laws and will coordinate with the authorities to take appropriate handling measures.
B. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
ARTICLE 6: RIGHTS OF USERS OF THE SOCIAL NETWORK artLIVE
- To use the services of the Social Network artLIVE except for services prohibited by law.
- Users have the right to change and add account information; Password; Identity documents; Registered email.
- Users are instructed on how to use tools and features to create information content, share information and use convenient services on Social Networks.
- Users have the right to contribute opinions to the Provider during the use of Social Network services. Suggestions are sent directly by letter or email to the Social Network Administration Board (information of the Social Network Administration Board is mentioned in Article 31 of this Agreement).
- Users have the right to give or give artLIVE accounts to others. The right to give or donate accounts is only applicable to accounts that have fully and accurately registered account information according to the regulations on using the artLIVE Social Network.
- To have private information and personal information protected in accordance with the provisions of the Law.
ARTICLE 7: RESPONSIBILITIES OF USERS OF THE artLIVE SOCIAL NETWORK
- To receive support from the Social Network artLIVE, the User’s account must register full, honest and accurate account information. If there is any change or addition to the information, the User must immediately update the Supplier. The User ensures that the User’s current information is the latest, complete, honest and accurate and the User is responsible for all the information the User provides.
- When registering a Social Network account, the User must be 14 (fourteen) years of age or older. In case the User is under 14 (fourteen) years old and does not have an identity card or citizen identification card or passport, when registering a Social Network account, the User must ensure that he/she has the consent of a legal guardian and the legal guardian shall be responsible before the Law.
- The User is responsible for keeping account information confidential, including: Password, identification documents, account protection email and linked accounts. If the above information is disclosed in any form, the User must accept the risks that arise. artLIVE Social Network will base on the information available in the account as a basis for deciding the account owner if there is a dispute and will not be responsible for any losses that arise. The information of the Identity Document registered in the account is the most important information to prove the account owner.
The User agrees not to reproduce, copy, sell, resell or exploit for commercial purposes any service, any content (in posts, comments) of the Social Network (including the User’s personal account) or on behalf of any third party without the written permission of the Provider. - The User agrees to immediately notify the artLIVE Social Network of any unauthorized use of the User’s account and password or any actions that violate the security system. The User also ensures that the User always logs out of his/her account after each use. The Supplier shall not be responsible, directly or indirectly, for any loss or damage caused by the User’s failure to notify as prescribed in this agreement.
- Comply with the regulations on management, provision and use of Social Network services.
- Be responsible for the content of information stored, provided, transmitted on social networks, and disseminated via direct links set up by you.
- When discovering errors or problems that affect the normal operation of the artLIVE Social Network, Users should notify the Provider via phone number 076 673 1606 or email live@artlive.vn
- Users commit to fulfilling their responsibility to ensure the legal use of digital information content posted on the Internet and telecommunications network.
- Users must strictly comply with the regulations in Article 4 of this Agreement on prohibited conduct. If one or more violations are committed, depending on the severity of the violation, the account will be permanently locked, depriving the User of all rights.
- The User is responsible for cooperating and providing appropriate information when requested by competent State agencies to serve investigation activities, or statistical work, or other appropriate work as prescribed by law.
- The User must comply with the provisions of the Law on sharing, exchanging information, protecting intellectual property rights, protecting consumer rights and other relevant provisions of the Law when using services on the artLIVE Social Network.
- The User commits not to use the Network services Social Network for commercial, illegal, fraudulent, threatening, destructive purposes; create and spread viruses that damage the system, configuration of the Social Network; transmit information of the Social Network or use the Social Network service for the purpose of speculation, manipulation, and market division. In case of violation, the User must be responsible for his/her actions before the Law.
- The User commits not to change, edit, copy, disseminate, distribute, provide and create similar tools of the content, services on the Social Network provided to third parties without the consent of the Supplier in each specific case.
- Users are not allowed to act in any way that discredits the Supplier, such as posting information (including in the form of comments and articles) that compares or disparages direct competitors of the Supplier or content that offends the honor and dignity of any other individual or organization that affects the business activities of the Supplier.
- Users are not allowed to arbitrarily lock passwords, illegally use passwords and private information of other Users on the Social Network.
- Users are not allowed to infringe, access or use any part of the Social Network server. It is strictly forbidden to take advantage of system errors for personal gain, causing damage to the Supplier.
- Comply with regulations on information security, information safety and other relevant regulations in Decree 72/2013/ND-CP on Management, provision and use of internet services and information on the network; Decree No. 27/2018/ND-CP dated March 1, 2018 of the Government amending and supplementing a number of Articles of Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision and use of Internet services and online information and Decree 150/2018/ND-CP dated November 7, 2018 of the Government on amending the Decree related to investment and business conditions and administrative procedures in the field of information and communications.
- Perform other responsibilities as prescribed by law.
ARTICLE 8: RIGHTS OF THE PROVIDER OF THE SOCIAL NETWORK SERVICE artLIVE
- For Users of the Social Network Service:
- If the User provides any information that is untrue or inaccurate, or if the Provider has grounds to suspect that such information is inaccurate or if the User violates any of the terms of the Agreement for the provision and use of the artLIVE Social Network as stipulated on the Social Network, the Provider has the full right to terminate, delete the User’s account without the User’s consent and shall not be liable to the User. Use.
- For any violation by the User during the use of the artLIVE Social Network, the Provider has the right to apply sanctions according to the terms and conditions of this agreement such as removing, deleting violating content, having the right to deprive the User of all rights to use the artLIVE Social Network as well as requesting the authorities to prosecute the User before the Law if necessary.
- When detecting violations such as fraud, sabotage, dissemination of prohibited content or any violation of the provisions of the Law through use. The Provider has the right to use the personal information provided by the User when registering an account to transfer to the competent authorities for settlement according to the provisions of the Law.
- The Provider has the right to refuse to support and resolve any Accounts that register with inaccurate or incomplete information as prescribed and for Accounts that violate the account security responsibilities specified in this Agreement.
- For the Social Network system:
- The Provider has the full right to add, modify or delete any interface, presentation, component or function, content of the Social Network site at any time without prior notice. By continuing to use the service on the artLIVE Social Network after such changes and additions, the User implicitly agrees to comply with the amended and supplemented contents of this Agreement.
- The Provider has the right not to guarantee or commit that each part of the Social Network’s content will be uninterrupted, error-free, virus-free, on time, safe, accurate, stable or any content is safe for the User.
- The Provider has the right to develop service policies applicable to each appropriate subject on the artLIVE Social Network. These policies will be published on the Social Network at each time according to the decision of the Social Network Administration.
- The Supplier has the right to maintain and upgrade the system to serve better. Maintenance or upgrade process may interrupt the use of service or service quality is not guaranteed during maintenance or upgrade.
ARTICLE 9: RESPONSIBILITIES OF THE SOCIAL NETWORK SERVICE PROVIDER artLIVE
- Responsible for supporting Users during the use of the artLIVE Social Network.
- Receive and resolve complaints from Users arising during the use of the artLIVE Social Network, however, the artLIVE Social Network only supports, receives and resolves for accounts that register with complete, honest and accurate information.
- Responsible for protecting the personal information of Users, the artLIVE Social Network does not sell or exchange this information with any third party, except in cases prescribed by law or accepted by the User.
- Publicly announce the Agreement on providing and using Social Network services.
- Take measures to protect the confidentiality of private information and personal information of Users; notify Users of their rights, responsibilities and risks when storing, exchanging and sharing information online.
- Ensure the User’s right to decide when allowing his/her personal information to be provided to other organizations, businesses, and individuals.
- Do not proactively provide public information with content that violates the provisions of Article 5 of Decree 72/2013/ND-CP on Management, provision, and use of internet services and information on the network;
- Coordinate with competent state management agencies to remove or block information with content that violates the provisions of Article 5 of Decree 72/2013/ND-CP on Management, provision, and use of internet services and information on the network upon request.
9. Provide personal information and private information of Users related to terrorist activities, crimes, and violations of the Law when requested by competent State management agencies. - Have at least 01 server system located in Vietnam to meet the requirements of inspection, examination, storage, and provision of information at the request of competent State management agencies and to resolve complaints of Users regarding the provision of services according to the regulations of the Ministry of Information and Communications.
- Perform registration, storage, and management of personal information of the person who sets up the personal electronic information page and other information providers on the Social Network according to the regulations of the Ministry of Information and Communications. Ensure that only those who have provided complete and accurate personal information according to regulations are allowed to set up personal websites or provide information on Social Networks.
- Report according to regulations and be subject to inspection and examination by competent state management agencies.
C. PRIVACY POLICY
ARTICLE 10: PURPOSE OF COLLECTING INFORMATION FROM USERS OF SOCIAL NETWORK artLIVE
- Manage the posting of information and censor public information.
- Manage the traffic of users using the service, the number of users.
- Manage marketing activities, provide information to users such as sending the latest updates on forum services and features new features related to the artLIVE Social Network.
- Provide solutions and change services to meet user needs.
- Manage, analyze, and evaluate data related to system data.
- Receive information, comments, suggestions, and complaints from Users to improve service quality.
- Contact Users to resolve User requests.
- Provide personal information of Users according to the decision of the authorities competent State agency.
ARTICLE 11: SCOPE OF PERSONAL INFORMATION COLLECTION
- Type of information collected:
– Personal information of the User.
– Contact information of the User. - Content of information collected:
– Full name.
– Date of birth.
– Identity card number or passport number, date of issue, place of issue.
– Mobile number, address email.
– Address.
- Gender: In case the internet user is under 14 years old and does not have an identity card, citizen identification card/passport, the legal guardian decides to register his/her personal information to show permission and take legal responsibility for such registration.
ARTICLE 12: METHOD OF INFORMATION COLLECTION
- The artLIVE Social Network collects the Personal Information of Users in Article 11 above via the Social Network through the User registration form publicly provided at the address ARTLIVE.VN.
ARTICLE 13: TIME OF STORING COLLECTED INFORMATION
- The artLIVE Social Network will store and secure the User’s account information, login and logout times, the User’s IP address and the information processing log posted and provided on the Provider’s internal systems during the process of providing services to users within 02 (two) years.
ARTICLE 14: DISCLOSURE AND EDITING OF COLLECTED INFORMATION
- The Provider grants the User the right to edit public information on the Social Network. The Provider only cancels or hides information when the User requests or the information violates the Regulations of the artLIVE Social Network.
- The User has the right to keep confidential and the right to decide to disclose his/her information including personal information, private information and other relevant information provided and exchanged on the Social Network; At the same time, the above information of the User will be protected by the Provider from illegal and unauthorized access, collection, and control of the User, except in cases where there is a request from a competent State agency.
- Only the User has the right to access (including creating, viewing, editing, deleting) and control personal information, private information and other relevant information that the User provides, shares, and exchanges on the artLIVE Social Network; and has the right to decide which subjects are allowed to search, view, share, and exchange information about them on the artLIVE Social Network.
- In case the User registers to use a third-party service on the Social Network, the User agrees to provide personal information, private information and other relevant information to the third party, and must be responsible for the confidentiality of the information they provide. The Supplier is not obliged to ensure the safety and privacy of the User’s personal information in this case.
- The Supplier may be required to provide the User’s personal information to competent authorities and State agencies for security, customs, immigration and other statutory purposes within the scope required or prescribed by law.
ARTICLE 15: ADDRESS OF THE UNIT COLLECTING AND MANAGING PERSONAL INFORMATION
BELLA CIAO ONE MEMBER COMPANY LIMITED
Head office: 1Bis Pham Ngoc Thach, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Phone: 076 673 1606
Email: live@artlive.vn
ARTICLE 16: COMMITMENT TO INFORMATION CONFIDENTIALITY
- The Provider uses appropriate security measures to protect against unauthorized access to or alteration, disclosure or destruction of data. These measures include reviewing internal data collection, storage, processing and security practices, as well as physical security measures to protect against unauthorized access to personal data storage systems.
- The Provider implements measures to protect the User’s personal information by:
- Limiting personal access information;
- Deleting the User’s personal information when it is no longer necessary for the recordkeeping purposes of the artLIVE Social Network.
- The Provider only allows authorized employees of the artLIVE Social Network to access personal information; those who need to know this information to operate, develop and improve the Provider’s services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination of employment and criminal prosecution, if they violate these obligations.
- The Provider makes every effort to protect the personal information and private information of Users from unauthorized access. However, the Provider does not guarantee, and does not commit to preventing all access, or intrusion, or unauthorized use of personal information beyond the Provider’s control. Therefore, the Supplier will not be responsible in any way for any claims, disputes or damages arising from or related to unauthorized access, intrusion, use of information beyond the above control. Always be careful and protect your personal information.
- If the User believes that his/her security has been violated or intruded upon due to the lack of security on the security system of the artLIVE Social Network, the User can contact the Management Board of the artLIVE Social Network to reflect and resolve the problem.
- Each user is responsible for keeping the password of the artLIVE Social Network account confidential, and commits not to disclose or provide the User’s account security information to anyone or any other third party. User account information is placed on a very secure server and protected by a firewall.
- The poster will be responsible for the authenticity, and will be responsible for any legal disputes that arise related to his/her information.
ARTICLE 17: PERSONAL INFORMATION PROTECTION POLICY, PRIVATE INFORMATION OF USERS OF SOCIAL NETWORK SERVICES artLIVE
- The Supplier publicly discloses the information specified in Articles 10, 11, 12, 13, 14, 15, 16 of this Agreement so that users can understand the privacy protection policy of the artLIVE Social Network.
- To protect the personal information and private information of Users of the Social Network service. The Provider uses storage software, information security software and a strong firewall system to ensure that User information is not stolen.
- The Provider has the full right to proactively edit the information security policy on the Social Network at any time when necessary, or as prescribed by law, to ensure the optimal operation of the Social Network, and ensure that the obligation to respect the Law is always absolutely enforced. All content of the information security policy, and amendments and supplements to this policy will always be updated and published on the Social Network, and will be dated and updated so that Service Users can recognize the latest content.
D. RESOLUTION, DISPUTE AND COMPLAINT
ARTICLE 18: DISPUTE RESOLUTION MECHANISM
- Any dispute arising during the use of the Social Network service by the User will be resolved according to the terms of this Agreement and the provisions of the current Law of the Socialist Republic of Vietnam.
- Any dispute arising between the artLIVE Social Network and the User or the Supplier will be resolved on the basis of negotiation and conciliation by arranging for the parties to meet and discuss directly, or by any other conciliation measure chosen by the parties through written consent. In case of failure to reach a desired agreement, either party has the right to bring the case to court for settlement.
- When a dispute arises between users or between users and direct service providers, the Social Network management board will be responsible for providing users with information about service providers, actively supporting users or representing users to protect their legitimate rights and interests.
- Any complaints arising during the use of services on the Social Network will be sent to the Social Network Management Board with the following information:
Hotline: 076 673 1606
Email: live@artlive.vn
In the event of an incident due to the fault of the artLIVE Social Network, the Provider will immediately apply necessary measures to ensure the rights of the User.
ARTICLE 19: DISPUTE RESOLUTION PROCESS
- Dispute resolution process
- Step 1: Social Network Users complain about the service or report disputes between parties via: Hotline: 076.673.1606 Email: live@artlive.vn
- Step 2: The Management Board of the artLIVE Social Network will receive complaints from Users.
- Step 3: The Management Board of the Social Network transfers the complaint information to the department responsible for resolution.
- Step 4: Within 30 working days from the date of receiving the User’s complaint, the Social Network Administration Board will respond to the User about the results of the complaint settlement, and at the same time support the parties to resolve the dispute for each specific case.
- Step 5: In cases beyond the capacity and authority of the artLIVE Social Network, the Administration Board will request the User to bring this case to a competent State agency for settlement in accordance with the law.
- Time to resolve the dispute
- In cases within the capacity and authority of the Social Network artLIVE, the Provider commits to resolve User disputes within 30 working days.
- In cases beyond the capacity and authority of the artLIVE Social Network, the time to resolve the dispute depends on the nature of the case and the competent state agency.
ARTICLE 20: ROLES AND RESPONSIBILITIES OF THE PARTIES IN DISPUTE RESOLUTION
- The artLIVE Social Network will support Users by providing complete information and content related to service providers on the Social Network.
- The artLIVE Social Network is responsible for receiving complaints and taking timely measures to resolve conflicts that arise between Users and third parties.
- The Service Provider on the artLIVE Social Network is responsible for providing full information related to the transaction process and is obliged to compensate according to the agreement with the User of the artLIVE Social Network if the fault lies with the service provider.
- All fraudulent acts and causing conflicts on the artLIVE Social Network are condemned and must be held responsible before the law.
- If the arising conflict cannot be resolved through negotiation, it will be transferred to the competent State agency for intervention to ensure the legitimate interests of the parties. At the same time, the artLIVE Social Network is responsible for supporting the Law Enforcement Agency by providing information about the parties during the investigation process.
E. COPYRIGHT AND COPYRIGHT INFRINGEMENT REPORTING PROCEDURE
ARTICLE 21: COMPLIANCE WITH COPYRIGHT REGULATIONS
- In areas where Content posting is permitted, Users may share permitted information in default Provider formats and Users are solely responsible for the content, information, images and any other sharing as well as the legality and legal responsibilities for the content, information, sharing of users or groups of users.
- However, in all cases, the Provider still reserves the right to process the posted information for in accordance with good customs, ethical rules and national security rules, and the Provider has the full right to allow or not allow the User’s posts to appear or exist on the forum or in areas where information sharing is permitted.
- The Provider has full rights, including but not limited to copyrights, trademarks, trade secrets, brands and other intellectual property rights of the artLIVE Social Network. The use of the Provider’s rights and property must be approved in writing by the Provider in advance. In addition to the written license, the Provider does not grant any other license, whether express or implied, for the User to exercise the above rights. And therefore, the User has no right to use the Provider’s artLIVE Social Network for commercial purposes without the Provider’s prior written permission.
ARTICLE 22: COPYRIGHT INFRINGEMENT REPORTING PROCEDURE
- If the User believes that any of his/her Content, documents, images, videos or other materials provided through the artLIVE Social Network service are being infringed upon by intellectual property rights, please notify the Provider of the copyright infringement.
- The Provider will process each notice of copyright infringement that the Provider receives and process it in accordance with the provisions of the Intellectual Property Law.
- To help the Provider have sufficient grounds to respond to the User’s requests, please send a written notice with the following information:
- A physical signature of the person authorized to act on behalf of the owner of an exclusive work.
- A description of the copyrighted work that the User claims has been infringed.
- A description of where the User claims the infringing materials are located located on the artLIVE Social Network sufficient to permit the Provider to locate the material.
- User contact information such as address, telephone number, email so that artLIVE Social Network can contact the User.
- The User represents that the User has a good faith belief that use of the content is not authorized by the copyright owner, its agent, or the law.
- The User represents that the information in the User’s notice is accurate and that the User agrees under penalty of perjury that the User is authorized to act on behalf of the copyright owner.
- If the artLIVE Social Network account violates intellectual property rights through the user’s notification, if the result shows that the Account has violated, depending on the severity of the incident, the Provider has the right to decide to delete the violating account.
- Contact information to report violations
Hotline: 076.673.1606
Email: live@artlive.vn
F. ADDITIONAL INFORMATION
ARTICLE 23: AMENDMENTS TO THE AGREEMENT
The Supplier may (but is not obliged to) amend the content of the Agreement when it deems it necessary and in accordance with the provisions of law at any time; and at the same time provide the User with notices, including notices of changes related to the Agreement via email, regular mail or posting on Social Networks. The User agrees that such notices by email or regular mail, and the display of notices and links to notices to the User on the social network, shall constitute sufficient notice.
ARTICLE 24: CONFLICT OF LAWS
In the event that one or more provisions of this Agreement conflict with the provisions of law and are declared invalid by the Court, that provision shall be modified to comply with the current legal provisions, and the remainder of the Agreement for the provision and use of the Social Network shall remain valid.
ARTICLE 25: WARNING ABOUT RISKS WHEN STORING, EXCHANGING AND SHARING INFORMATION ON SOCIAL NETWORKS artLIVE
- The Provider allows Users to post, store, send or receive content (from posts or comments), including images and clips on social networks. However, the Provider does not guarantee that the information uploaded, stored, and shared by Users on the Social Network is accurate, safe, and does not contain information security risks.
- On the Social Network website, there may appear links to other websites or website icons, which may not be under the control or ownership of the Provider. Accessing these other sites may be risky and dangerous. Users are fully responsible for the risks when using this linked website. The Provider shall not be responsible for the content of any website or destination that the User has accessed, used the link, link displayed on the Social Network.
- The User must ensure that the content posted on the Social Network does not violate Vietnamese and international intellectual property laws. Using the Social Network’s services does not mean that the User has the copyright to use the content that the User has accessed. The User may not use content that is not his own on the Social Network without obtaining permission from the legal owner or performing other procedures as prescribed by law.
ARTICLE 26: UPDATES TO THE AGREEMENT ON PROVIDING AND USING SOCIAL NETWORKS
The artLIVE Social Network will amend the Agreement on providing and using this Social Network at any time when necessary, the updated Agreement on providing and using social networks will be published on artLIVE and will be dated so that users are aware of the latest version.
ARTICLE 27. AMENDMENTS AND SUSPENSION PROVIDING SERVICES ON SOCIAL NETWORKING SITES
- The Provider constantly changes and improves the quality of social networking services for Users. Therefore, the Provider may, with or without notice, modify or stop providing services to Users at any time. The User agrees that the Provider shall have no obligation of any kind to the User or any third party for any modification, suspension or discontinuation of the Social Network Service.
- The Provider may, in each specific case and without prior notice, immediately terminate the terms and conditions established under this agreement and terminate the User’s right to use the Social Network Service. Causes for such termination include, but are not limited to, a violation or anticipated violation of the agreement or other applicable government or law guidelines; a request by law enforcement or other competent authorities; discontinuation or fundamental change to the Social Network Service; unexpected technical or security problems; prolonged account inactivity; The Provider has reasonable grounds to believe that the User is using or intends to use the Social Network service to engage in fraudulent or illegal activities; the User has not paid any service fees that the User is required to pay…
ARTICLE 28. LIMITATIONS AND DISCLAIMER OF LIABILITY
- The Provider affirms that the posting of content and sharing of information on the Social Network is entirely based on the User’s personal will and views. The Provider creates an environment for Users to communicate and share information with each other but is not responsible for any incorrect or inaccurate information in the content posted by Users.
- The Provider is not responsible for the consequences directly or indirectly related to what Users do on the Social Network. Users are responsible for evaluating and accepting all risks related to the use of any content in the article or comment including the accuracy, completeness, or usefulness of this content.
- In the event of a dispute arising from the User’s actions, content or information on the Social Network, the User agrees to hold the Provider and its parent companies, subsidiaries, affiliates and related companies, affiliated organizations, officers, representatives, partners, Providers, and employees of the Social Network harmless from any claims, including reasonable attorneys’ fees, made by any third party. The Service User shall be fully liable for all information, content, images, and video clips posted on the Social Network. The Provider is not responsible for any violations of the law in the posted content, or violations of copyright, intellectual property rights related to the content, images posted on the Social Network.
- Users who commit violations must compensate and reimburse the Provider for all losses and costs (including attorney and court fees, if any) that the Provider may have incurred as a result of the consequences, disputes arising from any violations formed due to the behavior, errors of the User of that service.
- If any complaints or disputes arise between the User and the owner of the rights related to the content posted on the Social Network, the User must proactively resolve and settle with the relevant owner related, and is solely responsible for resolving complaints, and is responsible for paying for any damages arising from copyright, trademark, and intellectual property infringement, to ensure that the Supplier’s business operations are not affected.
ARTICLE 29. APPLICABLE TERMS
This Agreement takes effect from the date the User agrees to use the artLIVE Social Network service of BELLA CIAO ONE MEMBER COMPANY LIMITED by completing the registration of a Social Network account; as a basis for binding the User’s responsibility to the Supplier; stipulates the conditions that Users must comply with, and will be applied to all individuals, organizations, and businesses using services on the Social Network.
ARTICLE 30. COMMITMENT TERMS
BELLA CIAO ONE MEMBER COMPANY LIMITED and organizations, individuals, and businesses using services provided on the Social Network commit to comply with the regulations and terms in this agreement.
Any violation of this agreement will be responsible to BELLA ONE MEMBER COMPANY LIMITED CIAO and Vietnamese Law.
ARTICLE 31: CONTACT ADDRESS
If the User has any questions regarding the processing of User information or this agreement, please contact the Provider.
BELLA CIAO ONE MEMBER COMPANY LIMITED
Head office: 1Bis Pham Ngoc Thach, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Hotline: 076.673.1606
Email: live@artlive.vn
Person in charge of content management: Duong Thi Quynh Trang