Terms of Use (Website)
WELCOME TO OUR SITE.
IMPORTANT: READ CAREFULLY BEFORE YOU PROCEED – USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING LEGAL TERMS AND CONDITIONS.
THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS (THE “TERMS”) UNDER WHICH THE DEPARTMENT OF EARLY CHILDHOOD EDUCATION OF THE EDUCATION UNIVERSITY OF HONG KONG (“EdUHK”) IS WILLING TO ALLOW YOU TO ACCESS AND USE THIS WEBSITE (THE“SITE”).
1 Acceptance
1.1 By using the Site, you shall be deemed to accept the Terms. By accepting the Terms, you are expressing your intent to enter into, and are entering into, a binding legal contract between you and EdUHK.
1.2 If you do not accept the Terms, you must refrain from using the Site immediately.
1.3 Any Terms and Conditions proposed by you which are in addition to or which conflict with the Terms are expressly rejected by EdUHK and shall be of no effect.
2 Intellectual Property Rights
2.1 The content, text, articles, columns, news, job postings, data, information, metadata, organization, photographs, video, audio, graphics, design, advertising, compilation, look and feel, translation, digital conversion and other protectable intellectual property (collectively the “Content”) contained in the Site are owned by EdUHK or its licensors and are protected under all applicable copyrights, database rights, trade marks, design, patent and other proprietary (including but not limited to intellectual property) rights which may exist now or in the future.
2.2 Any copying, redistribution, use or publication by you of the Site, the Content, or any variations or derivatives thereof, for any purpose, except as allowed by the Terms, is strictly prohibited.
You acknowledge that you do not acquire ownership rights to any Content viewed through the Site. The posting of Content on the Site does not constitute a waiver of any right in such Content. You shall not use the names and/or trade marks of EdUHK, EdUHK’s staff members, students, sponsors, licensors, advertisers, other users of the Site, or any Content contributors, without EdUHK’s prior written approval.
3 Restrictions on Use
3.1 The viewing of any Content from the Site grants you only a limited, non-exclusive license for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall not attempt to download, replicate, share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative or modified work from the Content or any part thereof.
3.2 You shall not use the Site or the Content for any illegal purpose or in any manner inconsistent with the provisions of the Terms.
3.3 You shall not copy, create abstracts from, scrape or display the Content or any part thereof for use on another website or any other media. You agree not to post any Content from the Site to weblogs, newsgroups, mail lists, electronic bulletin boards or any other websites or media, without EdUHK’s written consent.
3.4 In connection with your use of the Site, you shall not post, email, transmit or otherwise distribute: (a) information infringing on intellectual property or privacy rights of others; (b) information that is unlawful, obscene, pornographic, discriminatory, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable in EdUHK’s sole opinion; (c) information that harm minors in any way; (d) advertisements or other commercial messages; (e) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (f) confidential information belonging to any other person. In addition, you shall not engage in any conduct to: (a) collect information about others; (b) interfere with the Site or the servers or other technology hardware used by EdUHK; (c) inhibit others from using the Site; or (d) violate any law or regulation.
3.5 The Site may be accessed by users internationally and may contain references or cross references to courses, programs, events, job postings, services and products that are not available or are prohibited in your country. Such references do not imply any intention to make available in your country such courses, programs, events, job postings, services and products or that such courses, programs, events, job postings, services and products may lawfully be used in your country. The Content is not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to the law or regulation of such country or jurisdiction.
4 Materials Provided by You
If you upload materials, content or information (collectively, "Your Material") to areas of the Site that are available to other users, you represent and warrant that you own or otherwise control all of the rights to Your Material; that Your Material is truthful and accurate; that use of Your Material does not breach any of the Terms and will not cause loss or injury to any person or entity. You give EdUHK an nonexclusive, worldwide, irrevocable, royalty-free, perpetual and fully sub-licensable license to publish, use, reproduce, modify, adapt, translate, publicly perform and publicly display Your Material in any form and media. You also permit any other user to access, store, reproduce or otherwise use Your Material for the user’s own personal or educational use. You further permit EdUHK to use the name that you submit in connection with Your Materials. You agree that EdUHK may without prior notice remove all or any of Your Material you uploaded or provided to the Site. EdUHK and its staff members, students, sponsors, licensors, agents, officers and representatives do not accept any responsibility for any materials, content or information uploaded by you or any third party. You agree to indemnify EdUHK against all claims resulting from Your Material.
5 Registered Users Area
Certain areas of this Site are reserved for use solely by registered users. Access to such areas and use of Content in such areas will be subject to prior approval by EdUHK and additional terms and conditions.
6 Disclaimer of Liability and Indemnity
6.1 EdUHK makes the Site and the Content available to you for information purposes only and on the understanding that you exercise your own skill, care and judgment with respect to your use of the Site and the Content. You agree that the Content is not intended as any kind of advice, guidance or instruction. Before relying on the Content, You shall carefully evaluate the completeness, accuracy, relevance and fitness of the Content for your purposes.
6.2 You understand that EdUHK does not guarantee the availability, timeliness, originality, accuracy, integrity, reliability, suitability, completeness, consistency or currentness of the Content nor warrant that the Site and/or the Content will be uninterrupted or error free. EdUHK does not guarantee that the Site is compatible with your equipment or that any file or email sent by EdUHK to you or downloaded by you from the Site will be free of errors or viruses or other similar contaminating or destructive features. You have sole responsibility for adequate protection and backup of your data and/or equipment used in connection with the Site. EdUHK shall not be liable for any damage you may suffer as a result of such destructive features.
6.3 You agree that your use of the Site and the Content is at your sole risk and acknowledge that all Content is provided “AS IS” and “AS AVAILABLE” without any warranty of any kind. Neither EdUHK nor any of its staff members, students, sponsors, licensors, agents, officers and representatives, shall be liable in any way whatsoever to you or any person, company or other entity whatsoever for any economic, financial, material, consequential, personal or other losses or damage resulting from actions or decisions based on, or as a result of, the Content provided directly or indirectly by EdUHK.
6.4 Notwithstanding any other provision of the Terms, you shall fully indemnify and keep indemnified EdUHK and its staff members, students, sponsors, licensors, agents, officers and representatives against any and all claims, demands, liability, damages, losses, costs or expenses, including attorney fees, arising in connection with:
· a breach of the Terms by you;
· a misrepresentation or breach of representation, warranty or covenant by you;
· a claim that any use of the Site by you infringes any third party’s intellectual property, privacy or publicity rights or is unlawful, obscene, pornographic, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable or otherwise causes injury or damage to any third party;
· any unauthorized use of or alteration, insertion, deletion or addition to the Content by you;
· reliance by third parties on any Content obtained through, or from, the utilisation of Content by you; or
· the use of the Site or the use or dissemination of the Content by you.
EdUHK reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with EdUHK in asserting any available defense.
7 Modifications
EdUHK may, in its sole discretion and without prior notice to you, modify the Content, data, functionality, specification, presentation or information of the Site. EdUHK will not be responsible for any effects such modification may have on you or your use of the Site or the Content.
8 Amendment
EdUHK reserves the right from time to time and without notice to make changes to the Terms as EdUHK deems fit. Notice of any change will be posted on the Site page and you are responsible for regularly reviewing the Terms. Continued use of the Site after notice of change shall constitute your agreement to be bound by such new terms.
9 Links to Other Websites
The Site contains links to other websites, job postings and advertisements. EdUHK is not responsible for the availability of such websites or the content, accuracy or opinions expressed in such websites, job postings and advertisements, and such websites, job postings and advertisements are not investigated, monitored or checked for accuracy or completeness by EdUHK. Inclusion of any job postings, advertisement or linked website on the Site does not imply approval or endorsement of the job postings, advertisement or linked website by EDUHK. If you decide to leave the Site and access any linked third-party websites, you do so at your own risk.
10 Dealings with Advertisers
Your communication or business dealings with advertisers found on or through the Site, including job applications, payment and delivery of related goods or services, and any other warranties, representations, terms or conditions associated with such job applications and dealings, are solely between you and such advertisers. You agree that EdUHK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such job applications and dealings or as the result of the presence of such advertisers’ job postings and advertisements on the Site.
11 Linking and Framing
11.1 You shall not link to, frame, archive, cache or mirror any Content or webpage of the Site unless you first obtain EdUHK’s express written consent. You shall not use metatags or any other "hidden text" that incorporates EdUHK’s name or trade marks without EdUHK’s express written consent.
11.2 You may link to the home page of the Site as long as the link does not defame EdUHK or cast EdUHK in a false or misleading light. You shall not link to the Site any site containing an unlawful, inappropriate, infringing, obscene, pornographic, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable topic or material that violates any applicable intellectual property, proprietary, privacy or publicity rights. You shall not link to one of our inner pages unless the link clearly identifies the Site as the location of the linked pages.
11.3 If you would like to link to, frame or redistribute any Content of the Site, you must request permission from EdUHK by writing to CONTACT US, providing (i) your identity details; (ii) the website address where the proposed use will happen; and (iii) details about the proposed linking or framing activities, including the Content or webpage of the Site which you would like to link to or frame.
12 Collection of User Information
12.1 EdUHK will collect, use and process your personal information, provide such personal information to its agents, contractors or licensors, and/or transfer such personal information out of your home country, for the purposes of (i) providing access to and use of the Site to you, (ii) communicating with you; (iii) providing information about EdUHK; and (iv) providing information about courses, events, programs, services and products offered by EdUHK. The personal information may also be used for statistical purposes and statistics provided to third parties, but not in such a way that your personal information is disclosed. EdUHK may provide your personal information to regulatory authorities and other third parties as required by applicable law or regulation.
12.2 You have the right to request access to and correct personal information held by EdUHK. EdUHK will make effort to correct errors in your personal information with reasonable promptitude. To obtain access to personal information held by EdUHK, you should send an email to us via CONTACT US. Administration fees may apply.
12.3 Access to the Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of the Site constitutes consent to such monitoring.
12.4 EdUHK uses web site browser software tools, such as cookies and web server logs, and/or other technologies to gather information about its users' browsing activities in order to constantly improve the Site and better serve its users. This information assists EdUHK to design and arrange its web pages in the most user-friendly manner and to continually improve the Site to better meet the needs of users and prospective users of the Site.
13 Restriction on Use of Name and Trade Mark
No right or licences are granted by EdUHK to you expressly or by implication to use the name or any trade mark, service mark, trade name or symbol of EdUHK or its staff members, students, licensors, sponsors or advertisers in any advertising or promotional materials, public relations activities or other materials or activities or in connection with your products, services or business without EdUHK's prior written consent.
14 Governing Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of the Hong Kong SAR, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. You hereby submit to the exclusive jurisdiction of the courts of Hong Kong SAR.
Should there be any discrepancy between the English and Chinese versions of the Terms, the English version shall apply and prevail.