Terms of Service
Welcome to JSHK App (the "Platform", “App”, “Application” and/or "Service"). JSHK Digital Services include any JSHK internet services, websites, products, mobile phone apps and/or software applications that enable you to use, access, view, listen to and/or download JSHK Content on any device. JSHK App is owned by The Japan Society of Hong Kong – Nihongokoza ("JSHK", "School" or "we", "our" or "us").
Application Ownership & License
Ownership. JSHK own and control the Application (including past, present and future versions thereof) and all "JSHK Materials" which include: (i) all graphics, layout, text, images, audio clips, sounds, pictures, videos, animation, designs, and all other materials related to the Application; (ii) trademarks, logos, trade names, service marks, and trade identities of JSHK; and (iii) all other forms of intellectual property related to the Application. Except as we expressly allow, you may not copy, reproduce, download or distribute the JSHK Materials (or any part of them) in any way. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Application.
Your License to Use School Materials In Our Application
License. As long as you comply with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license (" License ") to download (for temporary storage only), display, view, use and/or play a single copy of the School Materials (excluding source and object code) on any Device for your personal, non-commercial use only. The License does not give you any ownership of, or any other intellectual property interest in, any School Materials or the Application, and you cannot otherwise use the School Materials or the Application without our express prior written permission. All rights not expressly granted to you are reserved by us and our licensors and other third parties. Any unauthorized use of any School Materials or the Application for any purpose is prohibited.
Prohibited Activities. We want to protect the Application, so you agree that you will not:
(a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the School Materials (except as may be a result of standard search engine or Internet browser usage); or
(b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the School Materials in any way for any public or commercial purpose except as specifically permitted by these Terms. You also agree that you will: (a) keep intact all proprietary notices contained in the School Materials; (b) not use the School Materials in a manner that suggests an association with any services or brands (except as permitted by the Application);
(c) make no modifications to the School Materials; and (d) not allow or help anyone else (whether or not for your benefit) to:
(ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Application creates to generate its web pages or any software or other products or processes accessible through the Application.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to us is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
Third Party Links and Content
There may be links from the Application, or communications you receive from the Application, to third party web sites or applications. Also, our Application may include third party content that we do not control, maintain or endorse. Accessing those third party sites or applications requires you to leave our Application. We do not control those other sites or applications, or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or applications, including, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. Any purchase of goods or services through a Third Party Site will be subject to the terms and conditions of sale brought to your attention before or at the time of purchase.
Items Available For Download
Any items that we make available for download or use from the Application and/or our servers (the "Downloadable Items") are our copyrighted work. Also, copying or reproduction of the downloadable items to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement applicable to such downloadable items. Note that if you install certain applications that may be available via the Application, you consent to the download of software to your Device and accept these Terms related to such application.
Disclaimer of Warranties
JSHK Digital Services and any information or other material contained in them are made available strictly on the basis that you accept them on an ‘as is’ and ‘as available’ basis. Where you rely on any information or other material contained in JSHK Digital Services, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of JSHK Digital Services are excluded to the fullest extent permitted by law. JSHK Digital Services have been prepared with the aim of providing key information about JSHK and the work we do, and do not constitute advice in relation to any particular situation. Consequently, JSHK and each of their respective officers, directors, shareholders, employees, representatives and agents, exclude all liability arising from your use of JSHK Digital Services to the fullest extent permitted by law.
Termination and Modifications
Termination. We reserve the right to terminate your access to and use of the Application or any part of it, in our sole discretion, without notice and liability, including, if we believe that you are not following these Terms. We also reserve the right to investigate suspected violations of these Terms, including, any violation arising from any User Content or e-mails you send to the Application or us. We don't like to tattle, but any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
Modifications. We reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any JSHK Materials available on the Application, and to even stop all activities associated with the Application, with or without notice. You agree that we will not be liable to you or to anyone else for any modification, suspension or discontinuance of the Application or any part thereof.
Governing Law and Jurisdiction
This "Platform" and/or "Service" is hosted by JSHK from JSHK’s office in Hong Kong. By accessing this "Platform" and/or "Service", you agree that any claim relating to this "Platform" and/or "Service" shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
Updates to Terms
We reserve the right to modify or add to these Terms or any Additional Terms, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Application so that they are accessible via a link on the home page of the Application, and that your use of the Application after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Application. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Application from that point forward.
Last updated on 8 November 2019