By visiting, using and/or submitting information to the Website, you accept the terms and conditions of the Terms of Use and Privacy Statement.
You are entitled to access and use the Website for only lawful purposes of personal use. The Website, logos, video materials, pictures and graphics, are proprietary solely to Dean Mai (the "Owner"). The data and content viewable on and contained in the Website, including, without limitation, all video materials, pictures, photographs, text, graphics, images, icons, line art and other renditions (the “Content”) is copyrighted by the Owner.
Aside from the quotes, codes, stories, videos, and all other content on this site is the property of the Owner and is not allowed to be copied, reproduced, transmitted, publicized, downloaded, or (re)distributed in any way, shape, or form without her written permission.
The terms "you," "your," and "yours" refer to you, the visitor to the Website.
License to Use the Website. Subject to these Terms of Use, the Owner grants to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal use and not for resale or further distribution. Except for your pre-existing rights and this license granted to you, the Owner retains all right, title, and interest in and to the Website, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website; (b) rent, lease, or sub-license access to the Website; nor (c) circumvent or disable any security or technological features or measures of the Website.
Modifications to the Website. The Owner reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. The Owner will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
Restrictions. You must comply with all applicable laws when using the Website. Except as allowed by law or authorized by the Owner, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website ("Website Content") or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sub-license your access to the Website to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (e) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on, or fail to provide attribution to the Owner for, any portion of the Website or Website Content.
Privacy Policy. The Owner may collect registration and other information about you through the Website. The collection and use of this information is governed by Privacy Statement.
Links and Third Party Content. The Website may contain links to third party products, services, and websites. The Owner exercises no control over the third party products, services, and websites and the Owner is not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. The Owner is not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Submissions. The Website allows you and other third parties to post reviews or comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website must be topical. The Owner may review and delete any content, in whole or in part, that in the sole judgment of the author violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. The Owner does not control the content posted by third parties via the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the author be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that the author is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to him (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for modifying or improving the Website. Furthermore, by posting any Submission on the Website, submitting information to us, or in responding to questionnaires, you grant the author a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by the Owner will not infringe on or violate the rights of any third party.
Use Policies. The Owner asks that you respect our online Website community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the Website, you agree not to: post or transmit any material that is unrelated to the Website subject matter; use the Website in a manner which violates any applicable laws or regulations; post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements; intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses or other personal information for any purpose; impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); post Submissions that contain nudity, violence, or offensive subject matter; post photographs of another person without such person’s written consent; promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous; engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”; sell or otherwise transfer your profile or account on the Website; or use the Website in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Website, such as scripts to or harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
The Owner reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the Website.
Feedback. The Owner may provide you with a mechanism to provide feedback, suggestions and ideas, if you chose, about the Website (“Feedback”). You agree that the Owner may, in its sole discretion, use the Feedback you provide to the Owner in any way, including in future modifications to the Website. You hereby grant the Owner a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner any for any purpose.
Disclaimer of Warranties. Your use of the Website and Website Content is at your sole risk. The Website and Website Content are provided on an "as is" and "as available" basis. The Owner expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Owner does not guarantee the accuracy, completeness, or usefulness of the Website and Website Content, and you rely on the Website and Website Content at your own risk. Any material obtained through the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the Website. No advice or information, whether oral or written, obtained by you from the Owner or through or from the Website will create any warranty not expressly stated in this agreement. Some countries may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.
Limitation of Liability. The Owner will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Owner has been advised of the possibility of these damages), resulting from your use of the Website and Website Content.
Copyright Infringement. The Owner respect the intellectual property rights of others, and asks you to do the same. It is the policy of the Owner to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please contact the Owner and provide the following information: a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Website where the material that you claim is infringing is located; your address email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnity. You will indemnify and hold the Owner harmless from any costs, damages, expenses, and liability caused by your use of the Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Website or Website Content.
Updates to this Website and License Agreement. The Owner may occasionally update the description of Terms of Use for this Website, and when he does, the Owner will revise the “last updated” date. You should check this Website and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.
Legal Notices. Enforcement of these Terms of Use will be governed by the New York State law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the courts located in the New York State, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of the author to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Owner in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You agree that your continued use of the Website after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Use.
These Terms of Use were updated in January 2024.