From time to time we may share Usage Data with third parties. We do so, however, only in the aggregate and not in a manner that will enable the recipient to personally identify you, unless you have given us permission to do so. In addition, we may combine Usage Data with Personal Information (as defined below) in a manner that enables us to trace Usage Data to an individual user. We do so, however, only for our own internal purposes and will not share such combined data with third parties unless you have given us permission to do so or we are required to do so by law.
(1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands;
(2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person;
(3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of our Network infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Network infrastructure);
Your use of areas of the Network that are intended for interaction with other users (e.g., personal ads, chat rooms, online polls, and message boards) may reveal your member name and e-mail address and may allow you to publish certain personal information about you. By choosing to use these areas, you understand and agree that anyone may access and forward any information about you that is contained in or that you post to those areas. While chat, e-mail, and instant message-like conversations pass through our servers, our practice is not to store contents of such communications. We do, however, temporarily store logs of certain data related to such communications, such as the length and frequency of messaging and the Network member with whom communications are exchanged. We may use such data to improve the functionality of the Network and to offer additional services, such as enhanced searching or automated user matching.
We take reasonable precautions to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We also take reasonable steps to ensure that Personal Information is relevant for the purposes for which it is to be used and that the Usage Data is reliable for its intended use, accurate, complete, and current.
Customer & Member Service,
3rd Fl, Thao Nguyen Bldg,
47 Ba Huyen Thanh Quan, District 3, Hochiminh City, VietNam.
Acceptance of Terms
This User Agreement (the "Agreement") applies to all products and services offered by us through any of our properties, including plun.asia and kelreport.com, and any country-specific or foreign language versions thereof (collectively, the "Network"). In addition, when using particular Network services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. By using the Network, you are stating that you understand and agree to be bound by the terms and conditions of this agreement. If you disagree with anything in this agreement, please do not use the Network. You agree that we may change the terms and conditions of this Agreement at any time by posting such changes on the Network and that your continued use of the Network after any such posting will constitute your acknowledgment and acceptance of the revised terms and conditions.
To use the Network, you may not have to register to become a member ("Member"). As a Member, however, you will have access to various services to which non-Members do not have access, some of which will enable you and other Members to interact with each other. If you would like to register to become a Member, please complete the membership registration form for the appropriate Dream Weavers Media property. You agree to (a) provide true, accurate, current and complete information as prompted by the registration form and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. You are responsible for maintaining the confidentiality of any password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. If any information provided by you on the registration form is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership without any right on your part for refund of any fees paid and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration. We make a good faith effort to prohibit registration as a Member by, and will not knowingly collect or store personal information from, children under the age of 13. In addition, please be aware that we have created certain areas on the Network that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
We reserve the right at any time to charge fees for access to Network content or services or to portions of the existing Network content or services or to the Network as a whole. In no event will you be charged for access to any Network content or service, or to the Network as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
We reserve the right to modify or discontinue, temporarily or permanently, the Network (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such action.
Following are some basic rules that apply to the Network and that you agree to follow. If you violate any of the Network rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and all legal remedies available, to deny you access to the Network, to suspend or terminate your membership without any right of refund to you and to refuse to provide you with any future membership. You agree not to use the Network to:
upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (e) material 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;
connect in an unauthorized manner (i.e., by means other than the technology provided by us) to the community environment we provide for use by our Members on the Network or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to our community environment;
copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the technology or any other software we provide through the Network
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Network;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Network are able to type (e.g., "flooding"), or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Network or servers, networking and computing equipment or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network;
initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Network and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any disruptive action aimed at the Network or the Internet in general;
try to gain access to areas that are private to Dream Weavers Media or to other Network users;
violate any applicable local, national or international law or regulation;
stalk or otherwise harass another;
harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Network);
collect, intercept or harvest member names; collect, intercept or store personal data about other users of the Network; or solicit or attempt to discover a user's password, member name, or other registration or usage information without the user's express knowledge and consent;
engage in or run raffles, lotteries, contests, sweepstakes or other games of chance;
promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to the Network, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to the Network or the Internet in general;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Socialist Republic of Vietnam government as a foreign terrorist organization; or
store any information or use any Web page or directory you create, including any member profile or posting in or to a public area, on or through the Network as storage for remote loading or as a door or signpost to another Web page, whether inside or outside the Network.
You acknowledge that we do not pre-screen material posted or transmitted on the Network. In particular, we do not conduct background checks or otherwise pre-screen members for felony or sex offense convictions. Please take appropriate safety measures to increase awareness of possible risks associated with meeting someone you have met through the use of the network services. We and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Network, including but not limited to messages, profiles, images, personals, and reviews. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or our personal safety, our users and members or the public.
Through certain areas of the Network you may post, upload or submit material ("Submissions") for viewing by others or view Submissions of other users (e.g., communities, forums, personals, Member profiles, discussion rooms or video conferencing rooms). By making a Submission, you (a) automatically grant us and our affiliates and licensees the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, (b) permit any other user of the Network to access, view, store, or reproduce the Submission for that user's personal use, and (c) represent and warrant that public posting and use of your Submission by us and our affiliates and licensees will not infringe or violate the rights of any third party.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Network, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Network
Our provision of a link to any non-Network site or location is for your convenience and does not signify our endorsement of such non-Network site or location or its contents. We shall not be responsible for any information, software, or links found at any non-Network site or location, or for any transactions conducted at or through any linked non-Network site or location.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the Network is at your sole risk. All materials, information, software, products and services included in or available through the Network are provided on an "as is" and "as available" basis. All such materials, information, software, products and services are provided without, and Dream Weavers Media, its subsidiaries and licensors hereby expressly disclaim, any warranties of any kind, either express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular use or purpose, title, or non-infringement. Dream Weavers Media, its subsidiaries and licensors do not represent or warrant that the network will function without interruption, that the network is error- or defect-free, that any such defects or errors will be corrected, or that the network and the server(s) that make the network available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from the company, its subsidiaries, licensors or otherwise through your use of the network shall create any warranty. Further, Dream Weavers Media, its subsidiaries and licensors do not warrant or represent that the use or the results of the use of any materials, information, software, products or services included in or available through the network will be correct, accurate, timely or reliable
LIMITATIONS ON LIABILITY
In no event shall Dream Weavers Media, its subsidiaries or licensors, or any other person or entity involved in creating or distributing the network be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use of or inability to use the network, any changes to the network or this agreement, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the network. Dream Weavers Media, its subsidiaries and licensors, and any other person or entity involved in creating or distributing the network are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the network, or any materials, information, software, products or services included in or available through the network, your sole and exclusive remedy is to discontinue using the network. The foregoing limitations on liability shall be applicable even if the company or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Dream Weavers Media, its licensors and any other person or entity involved in creating or distributing the Network, as well as each of their respective parents, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account's) use of, or conduct with respect to, the Network.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this agreement represent an agreed-upon allocation of risk and form an essential part of the basis of the bargain between you and Dream Weavers Media, without which we would not enter into this agreement or provide the network.
You acknowledge and agree that all content and materials available on or through the Network are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may print or download one copy of the materials or content on the Network on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Otherwise, you may not republish, retransmit, reproduce or otherwise use the materials or content. Systematic retrieval of data or other content from the Network to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To obtain such authorization, contact the Dream Weavers Media legal department by mail at:
Dream Weavers Online Services JSC
Attn: Legal Department
3rd Fl, Thao Nguyen Bldg, 47 Ba Huyen Thanh Quan, District 3
Hochiminh City, Vietnam
Removal of material for which copyright infringement is claimed
Dream Weavers Media respects the intellectual property rights of others. If you believe your work has been copied and is accessible through the Network in a way that constitutes copyright infringement, please fill out a Notice of Infringement Form and mail it to the following agent of Dream Weavers Media for notice of claims of copyright infringement:
Dream Weavers Online Services JSC
Attn: Legal Department
3rd Fl, Thao Nguyen Bldg, 47 Ba Huyen Thanh Quan, District 3
Hochiminh City, Vietnam
Choice of Law & Jurisdiction and Venue
You agree that the laws of the Socialist Republic of Vietnam will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Vietnam notwithstanding your actual place of residence or domicile. You agree that all lawsuits arising out of or relating to this Agreement shall be brought exclusively in the courts located in Hochiminh City, Vietnam, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
This Agreement contains the complete and final statement of the understanding between you and Dream Weavers Media with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and us concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by us of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the Dream Weavers Media to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Network or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the Acceptance of Terms, Network Rules, Submissions, Links, Disclaimer of Warranties, Limitations on Liability, Indemnification, Allocation of Risk, Proprietary Rights, Choice of Law & Jurisdiction and Venue and General sections of this Agreement.
In exchange for your compliance with our guidelines, PLUN.ASIA’s customer and member service team ("CMS") is committed to nurturing a respectful, fun and lawful environment where lively discussions of LGBT issues are celebrated and honored, and where appropriate action will be taken against reported violations of this safe haven.
Any member, 18 years of age or older, can upload adult photos to their profile and is required to make these adult photos private or they will be removed. We reserve the right to determine which of your photos are adult, and to deny approval of photos that do not meet our guidelines. For example, adult photos will not be approved if they depict anyone who appears under 18 years of age, or sexual activities such as bestiality, masochism, sadism or abuse.
Depictions of the naked body, including individuals in sexual postures or activities and sexual engagements between or among individuals are considered adult. Every depiction that falls into this category must be identified as "adult" and uploaded to only Vault Photos section by you, the user.
While we celebrate the diversity of the LGBT community, we do not permit certain pictures that we believe would place our business and/or our members at risk. The types of images or pictures we may immediately remove in our absolute and sole discretion are:
* Copyrighted images where it's clear that you do not own the copyright or have permission to use; this includes cartoons and other images you may have found and downloaded while searching the web.
* Pictures of children, including pictures of you as a child. (We realize you may have the best of intentions, but in interest of keeping children safe online it is best to avoid uploading any child photos).
* An animal in any sexual position.
* Any drug paraphernalia or icons, including "poppers".
* Any sort of nudity and/or sexual activity that you did not make private.
* Any pictures where an erection is clearly visible (clothed or not) that you did not make private.
* Any "scat" pictures.
* No "water sports" or urination pictures allowed.
* Any photos depicting blood or violence, including photos of guns, knives, razors, etc.
Member submissions that warrant further investigation and that are subject to immediate removal from the site include depictions or descriptions of violence, bestiality, incest, child pornography and any other objectionable violations of law or user safety. Depictions that fall into the category of unacceptable adult materials are ultimately subject to PLUN.ASIA’s litmus test of violation, not the user's personal opinion. PLUN.ASIA reserves the right but is not obligated to remove any profile, including content and images, which we deem inappropriate for a particular site and its viewers
While PLUN.ASIA is a place to make friends and acquaintances, we encourage all members to act responsibly in choosing their offline interactions and in being conservative in the distribution of personal information, such as name, phone number and address. We cannot accept responsibility for what happens as a result of a connection made through PLUN.ASIA services. PLUN.ASIA does not conduct background checks or otherwise pre-screen members for criminal histories, mental illness, etc.
As we are dedicated to sharing the best of the PLUN.ASIA community with a broader audience, we may republish your words and/or image(s) across other segments of our properties and you grant us full rights to do so without restriction.
Expressions and/or threats of bigotry, hatred, harassment and abuse are not tolerated on PLUN.ASIA. Bashers are subject to immediate removal from the site no matter the status of your membership.
This is your community and we encourage you to interact with each other respectfully, peacefully and thoughtfully and in accordance with the law. Below are a few things to keep in mind.
- Don't Attack Each Other. Always "cease and report" when faced with a potential "flame" war. The CMS team is here to support you and we ask that you report the member to us, rather than engaging hostile people. While strong opinions and lively debate are welcome and encouraged, name-calling or personal attacks directed towards other members using our service is not allowed and violators will be subject to removal from the site. Please keep the conversation respectful of differing opinions, and carefully consider your comments. We urge members to work out personal differences privately.
- Keep It Kind. Hate speech is taken extremely seriously. It is a violation of our User Agreement and will not be tolerated. This type of communication subjects you to immediate and permanent suspension of membership privileges and/or termination of your account without any right of a refund. In addition, we respectfully request that you refrain from profane, defamatory, or communications that otherwise violate the User Agreement. If you feel another member is communicating in this fashion, tell us about it.
PLUN.ASIA asks that you refrain from using extremely explicit or vulgar language. We do allow discussion of sexual topics, but we ask that members refrain from using terms or words normally considered vulgar or rude.
A vital part of the PLUN.ASIA community is LGBT youth–those under 18 years of age. While PLUN.ASIA endeavors to build a single safe haven where all LGBT can gather and connect, our safety standards require that we uphold distinct, specific guidelines for youth areas of the site:
1. In areas designated for youth, solicitation for sex, intimate relationships and/or offline engagements is expressly prohibited. Likewise, explicit conversations regarding sexuality are not tolerated. Adults are prohibited from entering these areas.
2. Youth are prohibited from areas that are not approved by PLUN.ASIA for youth participation.
3. Premium accounts are not available to youth. Any premium personal account reported to us that either has a stated age below 18 or that has a photograph depicting an individual who appears beyond a reasonable doubt to be below 18 will be immediately removed. No refunds for these accounts are available.
4. Finally, if you are under 13, you may not make any submissions or register for any aspect of membership on PLUN.ASIA. See the User Agreement for more information on this.
The time and energy of every member at PLUN.ASIA is valuable. We respectfully request that you refrain from repeatedly sending messages, or extending a single monologue, even with different ideas.
Members that post commercial advertisements, including web pages that redirect users to membership-based pay-per-use sites and escort services, are subject to suspension of membership privileges, removal of content or removal from community areas. To pursue a partnership with PLUN.ASIA, email us.
Posting offers for sale of products or services is not allowed in any part of our service with the exception of areas that we designate. If you do offer for sale products or services, you must do so in the appropriate categories only in those areas that we designate.
A great deal of thought goes into the determination of topics and in the interest of the communities that gather in those given areas, members are required to stick to the topic. Area names and titles specify the interests of those in that area. Please use these areas for the topics they were intended. Repeatedly straying off-topic may result in the suspension of membership privileges
Information copyrighted by an individual or entity other than the author should never be posted or pasted within the PLUN.ASIA community. In the event this does occur, the individual posting or pasting this information will be held responsible. PLUN.ASIA cannot accept responsibility for this type of unlawful communication. See our User Agreement for more information.
The CMS team reserves the right but is not obligated to hide inappropriate comments, messages and/or image(s), suspend members and block select privileges, based on the standards set here and in our governing User Agreement. Above all, the CMS team has complete and sole discretion in determining if a member is complying with these guidelines or the User Agreement.
If you feel another member is violating these guidelines or the User Agreement or are uncertain whether you might be or will be in violation, do not hesitate to contact us to find out for sure.