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HKUHKU SPACE
 

 
     
  Terms & Conditions  
     
 

1. ACCEPTANCE OF TERMS 
SOUL Service, provided by the HKU School of Professional and Continuing Education (HKU SPACE), serves as the e-learning resource for HKU SPACE students, teachers and administration staff. By accessing, browsing and using the SOUL Service, you accept, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions. As SOUL Service is part of the HKU SPACE's I.T. services, you also agree to observe the HKU SPACE Appropriate Use Policy for I.T. Facilities and Services (The Policy). If you do not agree to these Terms and Conditions and The Policy, do not access this site or use the SOUL Service. Please note that you will be referred as "User" from time to time in this Agreement.

2. DESCRIPTION OF SERVICE
The term "Service" includes all functionality made available by SOUL on or through the Site. HKU SPACE may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, services, information, software tool or other feature that augments or enhances the current Service, will be subject to these Terms and Conditions.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. USER ACCOUNT, PASSWORD AND SECURITY
In order to use the Service, you must obtain an account. The information you provide HKU SPACE during the registration process (such information being "Registration Data") will help us in offering content, service and account management. You must choose a password. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are also responsible for any activity that occurs under your account(s) and any liability associated with your account(s). You must not transfer your account(s) to another person or use the Service for commercial purpose. You agree to (a) immediately notify HKU SPACE of any unauthorised use of your user ID or password or any other breach of security, and (b) ensure to exit from your account at the end of each session. HKU SPACE cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

4. PRIVACY POLICY
Registration Data and certain other information about you is subject to our HKU SPACE Data Privacy Policy Statement. For more information, please view our full privacy policy at http://hkuspace.hku.hk/privacy.html. Additional terms related to SOUL Privacy Policy also apply. 

5. USER CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Content") uploaded or otherwise made available via the Service, have been given express permission by the author or owner of the copyright on the materials for online distribution.

You also acknowledge that you, and not HKU SPACE, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. HKU SPACE agrees to maintain the possible level of accuracy and comprehensiveness of the User Content posted via the Service, but does not guarantee the User Content is error-free or without any defects.

With respect to User Content you post or make available for inclusion on restricted accessible areas, you grant HKU SPACE the license to use, distribute, reproduce, modify, adapt, perform and display such User Content on the Service solely for the purposes of providing materials for specific course(s) to which such User Content was posted or made available. This license exists only for as long as the course(s) have not been expired on the Service. You acknowledge and agree that HKU SPACE may, under certain circumstances and without prior notice, change the duration of this license.

6. USER CONDUCT
 By accessing, browsing and using the Service, you agree not to use the Service to:

  • upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, a HKU SPACE official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers, footers, return paths, or any part of any Communications in order to disguise the origin of any User Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any 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;
  • disrupt the normal flow of dialogue, act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • collect or store personal data about other users.

You acknowledge that HKU SPACE may or may not pre-screen User Content, but that HKU SPACE and its designers shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove or re-place any User Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You acknowledge, consent and agree that HKU SPACE may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests; or (e) protect the rights, property, or personal safety of HKU SPACE, its users and the public.

7. COPYRIGHT
You understand that HKU SPACE entitles you a non-exclusive license to access, view and download all information, data, text, software, music, sound, photographs, graphics, video, messages or any underlying technology used in connection with SOUL Service that are legally accessible (collectively, the "Work") via the Service only for your individual and informational use. This authorisation is not a transfer of title of the Work or the rights therein. HKU SPACE does not entitle you any express or implied right under any copyrights, except as expressly provided herein.

Copyright in the pages and in the screen displaying the pages via the Service, and in the information and materials therein, is owned by HKU SPACE unless otherwise indicated. You agree to comply with all applicable copyright laws in your use of this Work and to prevent any unauthorised copying of the Work.

On all copies of the Work downloaded, you must retain all copyright and other proprietary notices contained in the Work. You are prohibited from modifying the Work in any way or reproducing or publicly displaying, performing, or distributing or otherwise using them for any public or commercial purpose. You agree not to transfer the Work to any other party.

8. INDEMNITY
You agree to indemnify and hold HKU SPACE and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you upload, post, email, transmit or otherwise make available via the Service, your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another.

9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HKU SPACE may establish general practices and limits concerning the use of the Service. You agree that HKU SPACE has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that HKU SPACE reserves the right to modify these general practices and limits from time to time.

10. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN SERVICE
HKU SPACE reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. HKU SPACE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason without notice. You agree that HKU SPACE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION
You agree that HKU SPACE may, without prior notice, immediately terminate your user account(s), all or a portion of the Service to you where breaches to these Terms and Conditions or other incorporated agreements or guidelines occur. You further agree that all terminations for cause shall be made in HKU SPACE's sole discretion and that HKU SPACE shall not be liable to you or any third-party for any termination of your account(s), any associated email address, or access to the Service.

12. LINKS
The Service may provide links to other World Wide Web sites or resources. Because HKU SPACE has no control over such sites and resources, you acknowledge and agree that HKU SPACE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Work, advertising, products, or other materials on or available from such sites or resources.

13. HKU SPACE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

HKU SPACE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HKU SPACE for use in accessing the Service.

14. DISCLAIMER OF WARRANTIES
 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HKU SPACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

HKU SPACE MAKES NO WARRANT FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HKU SPACE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT COMPLETENESS, LEGALITY, AVAILABILITY, RELIABILITY, OR OPERABILITY OF WORK, USER CONTENT OR SOFTWARE MADE AVAILABLE VIA THE SERVICE. HKU SPACE ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY WORK OR SOFTWARE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. HKU SPACE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND THAT ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.

ANY WORK OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED IN THE DOWNLOAD OF SUCH MATERIAL.

15. LIMITATION OF LIABILITY
 YOU EXPRESSLY UNDERSTAND AND AGREE THAT HKU SPACE SHALL NOT BE LIABLE TO YOU 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 HKU SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), STEMMING FROM :(a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE.

16. COMMUNICATIONS WITH USERS
 You consent to receive communications from HKU SPACE concerning your use of the Service ("Communications"). These Communications are in conformity with the HKU SPACE DATA Privacy Policy Statement.

17. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
 It is the policy of HKU SPACE to respond expeditiously to claims of intellectual property infringement. HKU SPACE will promptly process and investigate notices of alleged infringement and may, in appropriate circumstances and at HKU SPACE's discretion, disable and/or terminate the accounts of users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, and appear via the Service, please direct your claim to HKU SPACE.

18. GENERAL INFORMATION
 This Agreement and the relationship between you and HKU SPACE shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

Last updated March 29, 2005.