TERMS OF SERVICE
uReply and authorized users
uReply
is developed and operated by The Chinese University of Hong Kong
("University"/ “We”) to provide a students response system for
enriching interactions. The system is web-based: teachers and students interact
on a web interface so designed for use with mobile devices. In other words, we
expect that students reply the uReply questions on their own mobile devices.
Teachers can store questions in Question Bank before going to class or as well
as create questions as the lesson goes. Students’ feedback is collected and
instantly analyzed in the format of graphs or tables for display in front of
the whole class. Records of the class activities and detailed reports are also
retrievable in the system by teachers at a later time.
uReply
is only available to Subscribers who have registered with the University and
paid the subscription fee unless waived. By being a subscriber of the service,
you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us. University reserves the right to refuse service to anyone for
any reason at any time.
Acceptance of terms of use
By using
the uReply tool, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service. The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
Any new
features or tools which are added to the current system shall also be subject
to the Terms of Service. You can review the most current version of the Terms
of Service at any time on this page. University reserves the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Login
ID and password
You
will log into the members' section of uReply with the username
("Username") and password ("Password") assigned
specifically to you after registration. You are responsible for providing us
accurate and complete Username and Password information and advising us
promptly of any change. University, however, reserves the right to terminate or
suspend your access to uReply without notice at its own discretion.
You
shall be responsible for the confidentiality and use of the Username and
Password. If you suspect that someone may have obtained access to the Password
or made any unauthorized use of the Password, you undertake to notify
University as soon as possible. University may refuse your access to uReply
until University is satisfied that security has been re-established.
User-created
content
University
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You
agree that content you create on uReply will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any content. You are solely responsible for
the contents you make and their accuracy. We take no responsibility and assume
no liability for any content posted by you or any third-party.
User-created content lifespan
User
created content such as questions in Question Bank as well as the records of
students’ performance in classes in the form of retrieval reports in the Report
section of uReply will be kept in the system for as long a time as the
technology and capacity of our hardware permits. If in a particular future time
storage of part or all of such user data is deemed no longer feasible or
desirable and some or all of the content has to be removed from the system, we
will inform you a Removal Notice in advance for action on your side to backup
the information, data or records onto your own storage. We are not liable for
any harm or damages related to the clearance of user data in the system.
Intellectual property ownership
User-created content: All
right, title and interest in and to user created content and all Intellectual
Property Rights relating thereto will remain with the user, except insofar as
any portion of such user content constitutes third-party materials or is a
derivative work of third-party content, in which case, such portion shall be
owned by the applicable third party or its licensors. The user holds liability
of any illegal uses of copyrighted materials in the system if in any
circumstances such uses lead to dispute. University reserves the rights to
monitor and analyze content and activities on the site for the purpose of
system health-checking, maintenance and also for the sake of research and
further improvement of our services. By so doing, University will not disclose
to public individual personal information as well as the content in a verbatim
manner without prior permission from the respective users.
uReply system and Website: All
right, title and interest in and to the uReply system, related documentation,
the uReply Website and all updates, modifications, enhancements, improvements,
upgrades or corrections thereof, including any assessment features added by uReply
thereto, and all related Intellectual Property Rights will be exclusively owned
by uReply. Notwithstanding the foregoing, any software, interfaces or
assessment features created or developed solely by users, and the Intellectual
Property Rights relating thereto, will be solely owned by the users.
Collection
of User Information
University uses web site browser
software tools such as cookies and web server logs to gather information about
its users' browsing activities in order to constantly improve uReply and better
serve its users. This information assists University to design and arrange its
web pages in the most user-friendly manner and to continually improve uReply to
better meet the needs of uReply Users and prospective users.
By using uReply, you consent to
University's collection and use of your information as described in this
Agreement.
Accuracy, completeness and
timeliness of information
University
is not responsible if information made available on this system by the service
provider or through sharing of content by users is not accurate, complete or
current. The material on this site is provided for general information only and
should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
Modifications to the service and
prices
Prices
for uReply, if applicable, are subject to change without notice. University
reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
We shall
not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
Optional tools
We may
provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use
by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant third-party provider(s).
We may
also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
Third-party links
Certain
content and services available via our Service may include materials from
third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
University
is not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party's policies
and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
Prohibited uses
In
addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.
You will
not, and will not attempt to: (a) decompile, disassemble, reverse engineer or
otherwise attempt to derive the source code for the uReply tool or the uReply
Website, except and only to the extent applicable law prohibits or restricts
reverse engineering restrictions; (b) copy, modify, adapt, alter, or create derivative
works of any user created content in uReply, except insofar as any of the
foregoing is permitted or consistent with applicable law; or (c) modify, remove
or obscure any trademarks, copyrights, branding or other proprietary rights
notices associated with uReply as well as the user created content in the
system or otherwise re-brand or use any other trademarks on or with any
materials in uReply and its content.
A breach
or violation of any of the Terms will result in an immediate termination of
your Services.
Disclaimer
We do
not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no
case shall University be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility.
Indemnification
You
agree to indemnify, defend and hold University harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
Severability
In the
event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
Termination
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using the Services.
If in
our sole judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
Entire agreement
The
failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These
Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
Changes to terms of service
You can
review the most current version of the Terms of Service at any time at this
page.
We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
Questions
about the Terms of Service should be sent to us at enquiry@ureply.mobi.