Terms of Service
Last Updated: February 13, 2020
The purpose if the Vietnam Registry …
- Eligibility and Registration: THE SITE IS FREE AND OPEN TO ANY USER WHO WISHES TO BROWSE THE SITE. REGISTRATION IS INTENDED SOLELY FOR ACCESS AND USE BY VIETNAM VETERANS AND VIETNAM ERA VETERANS, OR BY FAMILY MEMBERS TO REGISTER A VIETNAM VETERAN OR VIETNAM ERA VETERAN. VIETNAM VETERANS AND VIETNAM ERA VETERANS ARE INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES DURING THE PERIOD OF SERVICE [NOVEMBER 1, 1955 -- MAY 15, 1975]. There is no fee associated with joining the Site. Once registered you (or the individual you have registered) will be considered a Member and will have full access to the Site.
- Login and Password: You will be asked to create a login and a password to access the Site. It is extremely important that these items are kept secure and not provided to any other person or entity. If you believe that your login and password have been used without your authorization, please contact VVMF immediately. VVMF is not responsible or liable for any damages resulting from the use of your login and password by an unauthorized third party.
- Enforcement: VVMF does not pre-screen Members to verify service during the Vietnam Era. VVMF shall not be responsible for policing, monitoring, or proving such claims. VVMF shall also not be responsible for policing, monitoring, or proving claims to awards, citations, acts of heroism or any other service record or related claims.
- Stolen Valor Act: You agree to adhere to and not to violate the Stolen Valor Act of 2013. The Stolen Valor Act of 2013 is a United States federal law that was passed by the 113th United States Congress. The law amends the federal criminal code to make it a crime for a person to claim they have served in the military, embellish their rank or fraudulently claim having received a valor award specified in the Act, with the intention of obtaining money, property, or other tangible benefit by convincing another that he or she received the award.
- Content Posted to the Site: The Site enables Members to post personal information and to communicate with other Members. You (and not VVMF) shall be responsible for any information, data, photographs, profiles, stories, text and any other content (“Content”) that you post, access or otherwise transmit through the Site.
- 2. General Conduct: You agree to communicate with other Members responsibly and to treat other Members with the highest levels of respect. Any violations regarding Member Conduct or violations of the Community Guidelines should be reported to VVMF immediately at [email protected]
- Community Guidelines:
- 4. You agree that in your use of this Site you will not: (i) post or transmit any Content known to be false, fraudulent or construed as misrepresentation; (ii) post or transmit any Content deemed to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (iii) post or transmit any material that encourages conduct that constitutes a criminal offense; (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (v) post or transmit any material that would violate another person’s privacy rights, including any message containing personal phone numbers, email addresses or mailing addresses; (vi) post or transmit any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment; (vii) post or transmit any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to steal or capture personal information; (viii) post, share or encourage participate in any unauthorized or unsolicited promotions such as, but not limited to, advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, or otherwise use the website for a commercial purpose; (ix) upload, download, post, or otherwise make available any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; (x) post or transmit any secret or confidential government material; (xi) attempt to access or access another Member’s account or attempt to access areas for which you are not authorized; and (xii) use the Site for any unlawful purpose.
- 5. Reservation of Right to Remove: VVMF, in its sole and absolute discretion, shall determine whether any Content transmitted, collected or received violates the Community Guidelines. You understand and acknowledge that VVMF has no obligation to review any Content. However, VVMF has the right to refuse to post or to remove any Content, in whole or in part, that in VVMF’s sole and absolute discretion is objectionable or is otherwise in violation of the Terms of Service, and to block the offending user(s). You agree that VVMF reserves the right to monitor or access any and all information posted, transmitted, received or otherwise available through the Site.
- 6. Solicitations, Advertisements and Promotions: VVMF does not allow solicitations or advertisements for groups that, in its judgement, do not provide value to its audience. This includes promotion or endorsement of any financial, commercial or non-governmental agency.
- 7. External Links: The appearance of external links on this site is not an official endorsement on behalf of VVMF. Any external links that violate Member Conduct may be removed. VVMF reserves the right to delete any Member’s profile that posts external links found to be in violation of this provision.
- Personal Responsibility: By use of the Site, you participate at your own risk, taking personal responsibility for your comments, your behavior, your Content and any other information provided.
- Property Rights: When you submit any Content to the Site, you “hereby authorize the Vietnam Veterans Memorial Fund, Inc. (VVMF) and its corporate and organizational sponsors to use, reproduce, and/or publish all photographs or content that I am submitting with this Release Form in any manner that VVMF deems appropriate in furtherance of VVMF’s mission.”
- Enforcement: VVMF does not pre-screen Content posted by users, and therefore VVMF shall not be responsible for policing, monitoring, or editing such Content. Notwithstanding the foregoing, VVMF shall have the right, but not the obligation, to monitor such Content in order to respond to or comment upon communications by participants and in order to determine compliance with the Terms of Service. In addition, VVMF shall have the right and sole discretion to refuse to post or to remove any Content, in whole or in part, that it believes to be in violation of the Terms of Service, or which it finds to be otherwise objectionable for any reason
right to delete any Member’s profile that posts external links found to be in violation of this provision. 8. Personal Responsibility: By use of the Site, you participate at your own risk, taking personal responsibility for your comments, your behavior, your Content and any other information provided. 9. Property Rights: When you submit any Content to the Site, you “hereby authorize the Vietnam Veterans Memorial Fund, Inc. (VVMF) and its corporate and organizational sponsors to use, reproduce, and/or publish all photographs or content that I am submitting with this Release Form in any manner that VVMF deems appropriate in furtherance of VVMF’s mission.” 10. Enforcement: VVMF does not pre-screen Content posted by users, and therefore VVMF shall not be responsible for policing, monitoring, or editing such Content. Notwithstanding the foregoing, VVMF shall have the right, but not the obligation, to monitor such Content in order to respond to or comment upon communications by participants and in order to determine compliance with the Terms of Service. In addition, VVMF shall have the right and sole discretion to refuse to post or to remove any Content, in whole or in part, that it believes to be in violation of the Terms of Service, or which it finds to be otherwise objectionable for any reason
Solicitation of Products and/or Services, and/or Promotion of Items
VVMF may allow other companies to offer you products and services, including offers through our Site or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that VVMF shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
Links to and from the Site are subject to approval by VVMF. While the Site may have links to the websites of other companies and parties, VVMF has no control over those third-party websites. VVMF is not responsible or liable for any content, advertising, products, services or other materials on or available from those third-party websites. VVMF is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those third-party websites.
VVMF reserves the right to terminate, cancel, and/or remove any Member’s profile and/or Content, in whole or in part, at any time, without prior notice or liability, for any reason whatsoever, including without limitation for lack of use or if VVMF believes, in its sole discretion, that you have violated any part of the Terms of Service. You agree that VVMF shall not be liable to you or to any third-party for any termination of your access to the Site. If you wish to have your profile removed or your account terminated, you may do so by sending a message to [email protected]
The Site Property Rights
The Site (and all the material that it contains) is owned by VVMF or its third-party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Site may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of VVMF. In addition, the trademarks, logos and service marks displayed on the Site are the property of VVMF or its licensors. If you are aware of material on the Site that infringes any copyright, please contact us at [email protected]
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SITE IS PROHIBITED. Nothing contained in the Terms of Service or in the materials on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of VVMF or such third party that may own the material or intellectual property displayed on this Site. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
YOU UNDERSTAND AND AGREE THAT:
THE SITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VVMF DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND VVMF MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. VVMF DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limit of Liability
Your use of the Site and all items within are at your sole risk. VVMF, its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use, the Site and/or member services, even if VVMF has been advised of the possibility of such damages or loss. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, and therefore some of the above limitations may not apply to you.
You shall indemnify and hold harmless, and at VVMF's request defend, VVMF, its parents, subsidiaries, and affiliates, as well as their respective affiliates, directors, officers, employees and agents (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, and appropriate expert witness fees if any) arising out of your acts or omissions, including claims resulting from your use of the Site, your submission, receipt, posting or transmission of any information or Content, or any breach of your obligations set forth in the Terms of Service. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
Choice of Law / Venue
The Terms of Service, your access and use of the Site and the relationship between you and VVMF is governed by the laws of the Commonwealth of Virginia, without giving effect to its conflict of all law provisions. VVMF and you both agree to submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Virginia. Notwithstanding the foregoing, VVMF shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or nonUnited States court of competent jurisdiction to obtain injunctive or other relief in VVMF’s sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Copyright and Trademark Notice
The site and its Contents Copyright © 2020 Vietnam Veterans Memorial Fund, Inc. All rights reserved.
Our relationship is not one of agency or partnership and neither you nor VVMF shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Service are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If VVMF fails to enforce any provision of the Terms of Service it shall not constitute a waiver of such provision. The Terms of Service may be modified only by VVMF posting changes to the Terms of Service on the Site. Each time you access the Site, you will be deemed to have accepted any such changes in effect at the time of access. VVMF may assign its rights and obligations under the Terms of Service. This agreement will inure to the benefit of VVMF’s successors, assigns and licensees. The Terms of Service and the documents incorporated by reference constitute the entire understanding between us regarding your access to, license and use of the Site, and they supersede any prior agreements, statements or representations with respect to the same.
We sincerely hope you take part in the Site and become a valued Member of this community. Feel free to contact us at [email protected], if you should have any questions about the Terms of Service or your use of the Site.
Vietnam Veterans Memorial Fund, Inc.