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This User Agreement
was last updated 18 Sep, 2009.
All
the topics and contents of the HKBU School of Business Blog (ˇ§BUS Blogˇ¨)
are uploaded or updated by the HKBU School of Business (ˇ§BUSˇ¨) and BUS
Bloggers only. All users can comment on posts on the Blog following the
Terms and Conditions ("T&C") stated below. After the registration
of the BUS blog, user will become a member of the BUS Blog once log in
to the Blog. Members who register successfully can comment on posts and
post their blogs on the BUS Blog following the Terms and Conditions ("T&C")
stated below. In addition, BUS reserves the discretion to delete any comment
which violates the "T&C" or to terminate the accounts of
offending parties.
1.
Acceptance of Terms
All use of the BUS
Blog is subject to the terms and conditions set forth below. BUS reserves
the right to change the terms of this User Agreement. Changes will be
posted on the blog, and will become effective immediately upon posting.
When using particular BUS Blog services (e.g. posting activity information
on the "Notice Board"), users shall be subject to the guidelines
or rules applicable to such services, which may be posted and modified
from time to time. All such guidelines or rules are hereby incorporated
into the "T&C".
2.
Description of BUS Blog services
BUS enables BUS Blog
users to comment instantly on blog posts. Users should make reasonable,
appropriate and respectful comments on the blog posts. The format of comment
is restricted to text only, excluding the upload of hyperlinks, documents,
photos, audio and visual files. BUS reserves the final discretion to delete
all disrespectful comments or comments which are commercial, libelous,
untrue, vulgar, discriminative, obscene, threatening and so forth. BUS
also reserves the right to terminate the accounts of offending users.
BUS
Blog is not a medium for individuals or groups to channel their grievances.
Any irrelevant comments to blog posts will be deleted without notice.
In addition, BUS Blog is not a commercial advertising space. All comments
with commercial incentive will also be deleted if found inappropriate.
Unless
explicitly stated otherwise, any new features that augment or enhance
the current BUS Blog shall be subject to the "T&C". Users
understand and agree that BUS Blog is provided "as is" and that
BUS assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In addition, no advance notice will be made when BUS Blog is temporary
closed for system maintenance and service updates.
3.
Registration Obligations of Users
In consideration of
the use of BUS Blog, users should ensure all submitted personal information
is true, accurate, current and complete as prompted by the BUS Blog's
registration form. If members are found to have provided any information
that is untrue, inaccurate, not current or incomplete, BUS Blog has the
right to suspend or terminate the accounts of the offending users and
refuse any and all current or future use of BUS Blog.
4.
Security of Member Account and Password
Users register with
BUS blog, will receive a notification email containing the confirmed username
and password upon completing BUS Blog's registration process. Users are
responsible for maintaining the confidentiality of the username and password
so that it is not easily obtained and used by others. Apart from that,
users should agree not to engage in any commercial sale, trade or resale
of their personal accounts and are fully responsible for all comments
or activities that occur under that particular account.
Users
should immediately notify HKBU Blog of any unauthorised use of personal
username and password and should ensure that they log out of their personal
account each time they finish using the Blog. HKBU cannot and will not
be liable for any loss or damage arising from members' failure to comply
with Section 5.
5.
Member Conduct
Users understand that
all information posted on BUS Blog, including text, photographs or other
materials ("content"), are the sole responsibility of the person
from whom such content originated. HKBU Blog does not control the comments
posted on the Blog and, as such, does not guarantee the accuracy, integrity
or quality of such comments. Members understand that by using HKBU Blog,
they may be exposed to comments that are offensive, indecent or objectionable.
Under no circumstances will HKBU be liable in any way for any comment.
Members are strongly urged to stop reading the Blog immediately in case
they are upset upon reading certain content or comments.
Members
acknowledge that HKBU Blog does not pre-screen any comments posted on
the Blog, but that HKBU Blog shall have the right in its sole discretion
to remove any inappropriate comments that are posted via the HKBU Blog
based on their content and nature. Without limiting the foregoing, HKBU
Blog shall have the right to remove any comment that violates the "T&C"
or is otherwise objectionable. In this regard, members agree that they
must evaluate and bear all risks associated with the use of any comment.
Members
understand and agree that HKBU Blog provides users with "real-time"
service in commenting to the blog posts and that HKBU assumes no responsibility
for the accuracy, integrity and point of view of those comments. All comments
express only personal opinions of the members, but do not represent the
standpoint of HKBU Blog. HKBU Blog is bound by the instant comment system
on blog posts and is therefore not able to screen all the comments posted
on the Blog at once. If members discover that any comments involve the
violation of the "T&C", please inform HKBU Blog immediately
through email(opinion@hkbu.edu.hk).
Members
acknowledge, consent and agree that HKBU may access, preserve and disclose
members' account information and comments in order to: (i) comply with
legal process; (ii) enforce the "T&C"; (iii) respond to
claims that any content or comment violates the rights of third parties;
(iv) respond to member requests; or (v) protect the rights, property or
personal safety of HKBU, its users and the public.
6.
Content Submitted or Made Available for Inclusion on HKBU Blog
HKBU Blog does not
claim ownership of the comments members post or make available for inclusion
on the Blog. However, with respect to the comments members post or make
available for inclusion on publicly accessible areas of HKBU Blog, members
grant HKBU Blog the worldwide, royalty-free and non-exclusive license(s)
to reproduce, modify, adapt, publish, translate, distribute, publicly
display and to use globally for other purposes.
7.
Indemnity
Members agree to indemnify
and hold HKBU harmless from any claim or demand, including reasonable
attorneys'; fees, made by any third party due to or arising out of comments
members post or otherwise make available through HKBU Blog, members' violation
of the "T&C" or violation of any rights of another.
8.
General Practices regarding Use and Storage
Members acknowledge
that HKBU Blog may establish general practice and limits concerning the
use of the Blog, including without limitation on the maximum number of
days that "comments" will be retained by HKBU Blog and the maximum
number of times (and the maximum duration for which) members may access
the Blog in a given period of time. Members acknowledge that HKBU Blog
reserves the right to log off accounts that are inactive for an extended
period of time. In addition, members further acknowledge that HKBU Blog
reserves the right to modify these general practice and limits from time
to time without notice.
9.
Modifications to HKBU Blog
HKBU Blog reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, HKBU Blog (or any part thereof)
with or without notice. Members agree that HKBU shall not be liable to
members or to any third party for any modification, suspension or discontinuance
of HKBU Blog (or any part thereof).
10.
Termination
Members agree that
if they breach or violate the "T&C" or other incorporated
agreements or guidelines, HKBU Blog may, without prior notice, immediately
terminate or limit members' access to HKBU Blog or suspend their accounts.
Termination of the account includes the deletion of the password and all
related information as well as the posted comments associated with that
account (or any part thereof). In addition, members agree that all terminations,
limitations of access and suspensions for cause shall be made in HKBU
Blog's sole discretion and that HKBU shall not be liable to members or
any third party for any termination of members' accounts or access to
HKBU Blog.
11.
Links
Only HKBU's Communication
and Public Relations Office, the "HKBU Bloggers", and HKBU staff
and students who have uploaded activity information to the "Notice
Board", have the right to hyperlink Blog content or activity information
to the World Wide Web sites or resources. Members acknowledge and agree
that HKBU Blog is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any content in such sites or resources. Members further acknowledge
and agree that HKBU shall not be 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 such content in any such site or resource.
12. Disclaimer of
Warranties
Members expressly understand
and agree that:
a. |
Members'
use of HKBU Blog is at their sole risk. The service provided by
HKBU Blog is on an "as is" and "as available"
basis. HKBU expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties
of title, fitness for a particular purpose and non-infringement.
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b. |
HKBU makes
no warranty that:
(i) HKBU Blog will meet members' requirements;
(ii) HKBU Blog will be uninterrupted, timely, secure or error-free;
and
(iii) the results that may be obtained from the use of HKBU Blog
will be accurate or reliable. |
c. |
Any
materials downloaded or otherwise obtained through the use of HKBU
Blog is accessed at members' own discretion and risk, and members
will be solely responsible for and hereby waive any and all claims
and causes of action with respect to any damage to their computer
system, Internet access, download or display device, or loss of
data that results from the download of any such materials. |
d. |
No
advice or information, whether oral or written, obtained by members
from HKBU Blog shall create any warranty not expressly stated in
the "T&C". |
13.
Limitation of Liability
Members expressly understand
and agree that HKBU shall not be liable to members for any punitive, indirect,
incidental, special, consequential or exemplary damages, including, but
not limited to, damages for loss of use, data or other intangible losses
(even if HKBU has been advised of the possibility of such damages), resulting
from: (a) the use or the inability to use HKBU Blog; (b) the cost of obtaining
any data, information or service from the Blog; (c) unauthorised access
to or alteration of members' transmission of data; (d) statements or conduct
of any third party on the HKBU Blog; or (e) any other matter relating
to HKBU Blog.
14.
Exclusions and Limitations
Some jurisdictions
do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations of Section 13 and 14 may not apply to some
of the members.
15.
Notice of Updates
HKBU Blog may provide
members with notices, including those regarding changes to the "T&C"
by personal email. If there is any update on the "T&C" or
other items, those changes will possibly be uploaded to the relevant hyperlink
on notices.
16.
Notice and Procedure for Making Claims of Copyright or Intellectual Property
Infringement
HKBU respects the intellectual
property of others, and hopes members of HKBU Blog will do the same. All
information posted on HKBU Blog, including text, photographs or other
materials ("content"), are the sole responsibility of the person
from whom such content originated. If members believe that their work
has been copied in a way that constitutes copyright infringement, or their
intellectual property rights have been otherwise violated, please email
HKBU blog: opinion@hkbu.edu.hk.
17.
General Information
The "T&C"
constitutes the entire agreement between members and HKBU and governs
members' use of HKBU Blog, superseding any prior version of this "T&C"
between members and HKBU with respect to HKBU Blog. Members and HKBU each
agree that the "T&C" and the relationship between the parties
shall be governed by the laws of the HKSAR without regard to its conflict
of law provisions and that any and all claims, causes of action or disputes
(regardless of theory) arising out of or relating to the "T&C",
or the relationship between members and HKBU, shall be brought exclusively
in the courts located in Hong Kong.
Members
and HKBU agree to submit to the personal jurisdiction of the courts located
within Hong Kong, and agree to waive any and all objections to the exercise
of jurisdiction over the parties by such courts and to venue in such courts.
The
failure of HKBU to exercise or enforce any right or provision of the "T&C"
shall not constitute a waiver of such right or provision. If any provision
of the "T&C" is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the "T&C" remain in full force
and effect. Members agree that their HKBU Blog account is non-transferable
and any rights to the account or contents within the account terminate
upon their death. The account may be terminated and all contents therein
permanently deleted.
Members
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of HKBU Blog or the
"T&C" must be filed within one year after such claim or
cause of action arose or be forever barred.
18.Violations
If members find any
conduct in HKBU Blog which may have violated this "T&C",
please email: opinion@hkbu.edu.hk.
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