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1. ACCEPTANCE OF TERMS AND CONDITIONS
www.et-english.com is owned and operated
by Hong Kong Economic Times Limited (“HKET”). HKET provide its service to you through
www.et-english.com, subject to the following
Terms and Conditions of Use, which may be amended from time to time without notice
to you. You can review the most current version of the Terms and Conditions of Use
at “Terms and conditions”. Visiting or otherwise
using www.et-english.com, or content obtained
directly or indirectly from www.et-english.com,
constitutes acceptance of and agreement to this Terms and Conditions of Use. If
you do not agree, you may not visit the site or use its content. In addition, if
you are using particular service on or through
www.et-english.com, you will be subject
to any rules or guidelines applicable to those services. All such rules or guidelines
are hereby incorporated by reference into this Terms and Conditions of Use.
2. THE SERVICE
HKET provides the members / subscribers of www.et-english.com
an online learning system and other related online services (“the Service”). Unless
explicitly stated otherwise, any new features that augment or enhance the current
Service, including the release of new www.et-english.com
properties, shall be subject to these Terms and Conditions of Use. Specified services
are limited to www.et-english.com subscribers
only. You understand and agree that the Service is provided on an “AS IS” and “AS
AVAILABLE” basis and that HKET assumes no responsibility for the timeliness, deletion,
mis-delivery, failure or whatsoever to store any data or information. In order to
use the Service, you must obtain access to the World Wide Web, either directly or
through devices that access web-based content, and pay any service fee associated
with such access. In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and modem or other
access device.
3. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In consideration of your registration as a member or subscriber of
www.et-english.com, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by the
Registration Form (such information being the “Registration Data”) and (b) maintain
and update the Registration Data as required to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or HKET has any reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, HKET shall, at its discretion,
reject the registration or suspend or terminate your rights to use the Service (or
any portion thereof). HKET reserves the sole and absolute discretion to consider
whether or not to refund any money that you have paid to us. If you are under 18,
you may use www.et-english.com only with
the authorization and supervision of a parent or legal guardian.
4. USERNAME, PASSWORD, AND SECURITY
You may change the password at any time in accordance with the instructions posted
on www.et-english.com from time to time.
You shall be fully responsible for maintaining the confidentiality of the username,
password and any other information of your account. You shall be deemed to have
sole and full responsibility for any access to and use of the Service and all activities
that occur under your account, including use of the account by any third party authorized
by you to use your username and password. You agree to immediately notify HKET of
any known or suspected unauthorized use of your account or breach of security. You
shall remain fully liable for the use of the Service by any unauthorized third party
until HKET has received notice of such event from you requesting for the suspension
of the Service.
5. PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy
Policy. For more information, please refer to the “Privacy
policy”.
6. MEMBER / SUBSCRIBER CONDUCT
As a condition of your use of the Service, you warrant HKET that you and any third
party authorized by you to access and use the Service, shall not use the Service
for purposes other than those permitted in this Terms and Conditions of Use. In
particular, no part of the Service shall be used for or be made connected with any
illegal purposes.
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials (“Content”), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not HKET, are entirely responsible
for all Content that you upload, post, email or transmit whatsoever via the Service.
HKET does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand that
by using the Service, you may be exposed to Content that is offensive, indecent
or objectionable, etc. Under no circumstances will HKET be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any Content
uploaded, posted, emailed or otherwise transmitted via the Service.
You agree to be abide by all applicable local and international laws and regulations
and expressly agree not to, including but not limited to:
(a) use the Service in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming, any duplicative or unsolicited messages (commercial
or otherwise) and/or any similar and/or related purposes;
(b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
(c) publish, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent and/or unlawful material or information;
(d) advertise or offer to sell or buy any goods or services unless with the written
permission of HKET;
(e) harvest or otherwise collect information about others, including email addresses,
without their consent;
(f) create a false identity for the purpose of misleading others as to the identity
of the sender or the origin of a message;
(g) transmit or upload any material that contains viruses, time bombs, or any other
harmful or deleterious programs;
(h) transmit or upload any material that contains software or other material protected
by intellectual property laws, rights of privacy or publicity or any other applicable
law unless you own or control the rights thereto or have received all necessary
consents;
(i) interfere with or disrupt networks connected to the Service or violate the regulations,
policies or procedures of such networks;
(j) attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any other
means;
(k) trespass, break into, access, use or attempt to trespass, break into, access
or use any other parts of www.et-english.com
and / or its services providers' severs, information database and / or any data
areas for which the you have not been authorized by HKET and / or its services providers.
(l) interfere with another member's / subscriber's use and enjoyment of the Service
or another individual's or entity's use and enjoyment of similar services; and
(m) revise or adapt any of the content and information posted on
www.et-english.com
HKET has no obligation to monitor the Service or any user's use thereof or retain
the content of any user session. However, HKET reserves the rights at all times
to monitor, review, retain and / or disclose any information as necessary to satisfy
any applicable laws, regulations, legal process and / or governmental requirements.
HKET may, at its sole discretion, immediately terminate the Service without notice
if your conduct fails to comply with this Clause 6.
7. MODIFICATIONS TO THE SERVICE
With or without prior notice, HKET reserves the rights at all times to:
(a) modify or discontinue, temporarily or permanently part or all of the Service;
(b) deactivate www.et-english.com at any
time to carry out system maintenance, upgrading, testing and / or repairing;
(c) limit or suspend the access or use of part or all of the Service to you, where
HKET of opinion that you have breached any Terms and Conditions of Use or that such
action is appropriate, desirable or necessary in the opinion of HKET.
You agree HKET shall not be liable to you or any third party for the exercise
of its rights under this Clause 7.
8. PROPRIETARY RIGHTS TO CONTENT AND SOFTWARE
(i) You acknowledge that the Content presented to you by the Service, HKET or its
affiliated companies, advertisers or content providers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. You may
download and make a copy of the Content for your personal, non-commercial use, provided
that you maintain all copyright and other proprietary notices contained therein.
Neither you nor any third party shall make use of the Content in any manner that
constitutes an infringement of rights of HKET, its affiliated companies, advertisers
or content providers (including copyright), including but not limited to framing,
downloading or establishing unauthorized links to any part of the Content and /
or Service to you or any third party's websites.
(ii) Without the prior written consent of HKET, you shall not copy, reproduce,
distribute, publish, enter into a database, display, modify, create derivative works,
transmit, or in any way exploit any part of the Service and Content. Without limiting
the generality of the foregoing, you may not distribute any part of the Service
or the Content over any network, including a local area network. In addition, these
files may not be used to construct any kind of database.
(iii) You shall have no rights to the proprietary software and related documentation,
or any enhancements or modifications thereto, provided to you in order to access
the Service (“Access Software”). You may not sub-license, assign or transfer any
licenses granted by HKET and any attempt at such sub-license, assignment or transfer
shall be null and void. You may make one copy of such software for private, personal,
non-commercial use only and may not otherwise copy, distribute, modify, reverse
engineer, or create derivative works from Access Software. You agree not to modify
the Access Software in any manner or form, or to use modified versions of Access
Software, including without limitation for the purposes of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than
through the interface that is provided and authorized by HKET for use in accessing
the Service.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, or purposes not permitted in these Terms and Conditions of Use, any portion
of the Service, or use of the Service or access to the Service, without the express
written consent of HKET. HKET may terminate the Service immediately without notice
at your sole cost if you breach this Clause 9.
10. INDEMNITY
You agree to indemnify and hold HKET, its holding companies, subsidiaries, affiliate
companies, officers, employees, representatives, agents, subcontractors, co-branders
and other partners, harmless from any claims, demands, loss, damages, costs or liabilities
of any nature including reasonable attorneys' fees, made by any third party due
to or arising out from (a) the use of the Service; (b) the breach or non-observance
of any Terms and Conditions of Use; or (c) the infringements of proprietary rights
to any person, by you or any third party authorized by you to use your account.
11. SUBMISSION OF CONTENT TO www.et-english.com
By providing any Content to www.et-english.com:
(a) you agree to grant HKET a worldwide, royalty-free, perpetual and non-exclusive
license to use, display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and compilations, in
whole or in part. Such license will apply with respect to any form, media, technology
known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that
may be necessary to grant HKET with the license set forth in this Clause 11;
(c) you acknowledge and agree that HKET shall have the right (but not obligation),
in its sole discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without notice.
(d) you acknowledge and agree that HKET shall have the right to approve or reject
suggestions, and may edit or otherwise alter the Content for any reason.
12. LINKS
The Service may include links to other Internet sites owned or operated by parties
other than HKET. HKET does not monitor or endorse any such sites or the Content,
advertising, products, services or other materials contained on or accessible through
such sites. You acknowledge and agree that HKET 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, advertising, products,
services or other materials available on or through any such site.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Please refer to “Disclaimer of Warranties; Limitation of
Liability”.
14. TERMINATION AND SUSPENSION
(i) HKET may terminate or suspend the Service immediately without notice if you
breach Clauses 3, 6, 8 and 9 or with notice if you breach any other provision of
this Terms and Conditions of Use. HKET shall not be liable to you or any third party
for termination or suspension of the Service and the subsequent consequences arising
thereafter.
(ii) If you object to any modifications to this Terms and Conditions of Use or
become dissatisfied with the Service, you shall discontinue to use the Service.
All fees paid in advance will not be refunded.
(iii) Upon the effective date of termination of the Service, all licenses and
other rights and privileges granted to you shall forthwith cease and you shall not
be entitled to a refund of any fees on the termination in accordance to this Clause
14.
(iv) Any termination of this Terms and Conditions of Use shall not affect any
accrued rights or liability of either party nor shall it affect the coming into
force or the continuance in force of any terms and conditions hereof which is expressly
or by implication intended to come into or continue in force or after such termination.
It is agreed that, including but not limited to, Clauses 5, 6, 8, 9 and 12 shall
survive the termination of this Agreement.
15. NOTICE
All notices to a party shall be in writing and made via email or any other means.
HKET may publish notices or messages through
www.et-english.com to inform you of changes to these Terms and Conditions of
Use, the Service, or other matters of importance. Such publication shall constitute
Notices to you.
16. TRADEMARK INFORMATION
Names and logos of www.et-english.com and
Hong Kong Economic Times Limited, including the graphical representation, fonts,
the way they are written are trademarks of www.et-english.com
and Hong Kong Economic Times Limited or their licensors. Without prior permission
from www.et-english.com and Hong Kong Economic
Times Limited or their licensors, you agree not to display these trademarks in any
manner.
17. GOVERNING LAWS AND GENERAL PROVISIONS
(i) This agreement shall be governed by and construed in accordance with the laws
of Hong Kong Special Administrative Region of the People's Republic of China and
the parties hereby agree to submit to the exclusive jurisdiction of the Hong Kong
courts.
(ii) If any provision of these Terms and Conditions of Use is held by a court
of competent jurisdiction to be contrary to law, then such provision shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
(iii) HKET's failure or delay to exercise or enforce any right or provision of
this Terms and Conditions of Use shall not be construed or operated as a waiver
thereof nor shall any single or partial exercise of any right or provision preclude
the further exercise of such right or provision as the case may be.
(iv) The headings are inserted for convenience only and shall not affect the
construction of the Terms and Conditions of Use. In these Terms and Conditions of
Use, if the context permits or requires, words importing the singular meaning shall
include plural and vice-versa; words importing the masculine gender shall include
the feminine and neuter genders and vice-versa; and words importing person shall
include body corporate, partnership or statutory body.
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