Terms of Service
Terms of Service
(English Version Available Only)
By clicking "I accept" or "I agree" or using the Services, you are entering into this Terms of Service Agreement (“ToS”), which is a binding contract with EDXTORE Limited for the benefit of itself and its affiliates (collectively, “we,” “us,” “EDXTORE,” or "EDXTORE").
This ToS sets forth the general terms and conditions of your use of this website (*.edxtore.com) or Software (as applicable) and all related Services. An End User License Agreement (“EULA”) may also apply to your use of specific Services, and any such EULA is in addition to (not in lieu of) this ToS. By accessing or using the Services you agree to the terms of the ToS, and represent that you: (1) have read and understood the terms; (2) agree to use the Services in compliance with the ToS, all applicable local, state, national, and international laws and regulations, and the academic rules or policies of your Institution; and (3) are an Authorized User. You may not use the Services if you do not agree with the ToS or if you are not an Authorized User. If you have any questions about this ToS, please contact us at email@example.com.
The section headings and summaries contained below are for your convenience only, and do not have any legal meaning or effect.
1. Data privacy, collection, & use
2. We may occasionally need to change the Terms of this ToS
We may occasionally need to update the rules in this ToS. But if we make meaningful changes, we’ll let you know. By continuing to use the Services, you agree to follow the updated rules.
EDXTORE may make changes to this ToS from time to time for any reason. Typically, these changes are made to conform to current practices, comply with changing regulatory requirements, or other similar purposes. If EDXTORE modifies this ToS in a manner that materially changes the terms or scope of the Services made available to you (“Service Change”), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to the ToS has been provided will constitute your consent to the revised ToS terms, which shall apply to any use of the Services following reasonable notice. If you deem any Service Change to have a material impact on you, you: (i) must so notify EDXTORE at firstname.lastname@example.org within thirty days after receiving notice of such change; and (ii) may terminate your Subscription and your use of the Services. If you have any questions about this ToS, please contact us at email@example.com.
3. What we mean by the “Services”
By “Services,” we mean EDXTORE’s websites, digital products, digital services, and everything that powers them. While EDXTORE or its licensors own them, we want you to use and enjoy the Services according to these rules. This website and its related applications, products, services, technology, content, and other intellectual property (collectively the "Services") is owned or licensed by EDXTORE or its Licensors. The Services may be provided directly by EDXTORE or accessed through an integrated third-party service provider ("Third-Party Service"). The Services may link to or provide options to access third-party websites or applications.
4. EDXTORE Service
You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the EDXTORE. Minors may only use the service under the supervision of an adult.
The EDXTORE service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your EDXTORE membership we grant you a limited, non-exclusive, non-transferable right to access the EDXTORE service and view EDXTORE content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public uses.
You may view the EDXTORE content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
The quality of the display of the EDXTORE content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching EDXTORE content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your EDXTORE ready device.
5. Who is authorized to use the Services?
To use certain Services, you’ll need to create a EDXTORE account. But don’t use the Services if you are a minor.
The Services are available only to individuals who have gained lawful access to the Services ("Authorized User"). In order to access certain Services, you must register for a user account ("User Account") by providing your name, valid email address and mobile phone number, and designating a secret and unique username and password ("Account Credentials"). EDXTORE may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.
You may have only one active User Account at any given time. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.
You may not self-register for or otherwise access the Services if you are under the age of 14 unless your parent or legal guardian has established an account or registered on your behalf. If you are under the age majority pursuant to the laws in your jurisdiction (typically under the age of 18), you may not register or use the Services without first obtaining permission from your parent or guardian. Where a parent or legal guardian registers or establishes a User Account on your behalf as a minor they will be contracting with EDXTORE on your behalf until you reach the applicable age of majority in your country of residence, at which point the contract will transfer to you.
EDXTORE reserves the right, in its sole and absolute discretion, to suspend or terminate your User Account and your right to use or otherwise access any Service is automatically terminated if you violate these ToS, any applicable EULA, or the AUP as defined below. Furthermore, EDXTORE also reserves the right to discontinue, temporarily or permanently, the Services, or any part of the Services at any time.
6. Acceptable use of the Services
Use of the Services is subject to EDXTORE’s Acceptable Use Policy (“AUP”). By accessing or using the Services you agree to comply with the terms of the AUP. EDXTORE reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services with respect to any user that EDXTORE reasonably believes has undertaken, or participated in, any activities that violate the terms of AUP, or whose actions have, or are likely to, otherwise cause harm to EDXTORE, the Services, the Service Network (as defined in the AUP), or other users, or for any other reason at the sole and absolute discretion of EDXTORE. Additionally, EDXTORE may suspend or terminate your access at any time at the request of your Institution.
7. Please keep your account credentials secret & safe
You agree to: (1) keep your Account Credentials secret; (2) not let others log into your User Account; and (3) let us know if someone else gets hold of your Account Credentials.
Your User Account is for your personal use only. Unless we provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your User Account, whether the use is made by you personally or by a third party.
In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to: (1) use Account Credentials other than your own; or (2) to disclose your Account Credentials to any third party or service, other than an authorized Third-Party Service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify EDXTORE at firstname.lastname@example.org of any known or suspected loss, disclosure, or theft of your Account Credentials and/or access codes you obtain in connection with the Services.
8. EDXTORE or its licensors own the Services
While we or our licensors own the Services and all related intellectual property, we want you to use and enjoy them as explained in this ToS.
All websites, course materials, course videos and other content provided through the Services (collectively, "Materials"), and any supporting software, applications, and systems (collectively "Applications") are the exclusive property of EDXTORE and/or its licensors, and are protected by intellectual property laws. All rights not expressly granted herein are reserved. Except as may be set forth in this ToS, any relevant EULA, or the AUP, the reproduction, redistribution, modification, publication, or adaptation of Materials or Applications, in whole or in part, without the express written consent of EDXTORE and/or its licensors is strictly prohibited. The Services may allow you to copy or download certain Materials, but please remember that the availability of this functionality does not mean that the above restrictions do not apply.
Unless otherwise indicated, trademarks, service marks, and trade names (collectively "Marks") that appear on the Services are the property of EDXTORE or its licensors. Any trademarks not owned by EDXTORE that appear in the Services are the property of their respective owners. You agree not to misuse or disparage any Marks associated with the Services or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner's trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark’s respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner.
9. User suggestions will be owned by EDXTORE
If you suggest ways we can improve the Services, EDXTORE will own all intellectual property rights in your submissions, and may use your ideas without compensation.
EDXTORE always welcomes suggestions and comments regarding the Services. Suggested improvements, additions, or other comments may be submitted by you to EDXTORE, whether through the Services, online, offline, verbally, or in writing ("User Suggestions"). Regardless of the manner of submission, you hereby acknowledge that all right, title, and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of EDXTORE and may be used for its business purposes at EDXTORE’s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by EDXTORE might seem to others to be similar to their own submissions or comments.
10. How we’ll use any Content you upload
You agree that we may use any content you upload to the Services (in accordance with our Privacy Notice, of course), and that you have authority to grant us that right.
The Services may provide functionalities for Authorized Users to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content, chat conversations or logs, messages, and other materials or submissions ("User Content"). By creating, posting, uploading, or linking to User Content, you grant to EDXTORE a perpetual, royalty-free, worldwide right and license to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services. Further, you acknowledge and agree that your User Content shall be available to other users on the same terms as granted by you to EDXTORE under this ToS and specifically this Section 9. EDXTORE shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to EDXTORE the right to make such User Content available to users to the same extent as the Materials provided with the Services. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content, which shall supplement and have the same force and effect as the terms of this AUP.
11. Access to third-party websites & content is at your own risk
If the Services link or redirect you to non-EDXTORE websites or services, you agree to use them at your own risk.
You may have linked to the Services from a third-party website and/or the Services may provide links to other third-party websites or resources (collectively, “3P Sites”). EDXTORE assumes no responsibility for third-party content ("Third-Party Content"), services, or applications that may be accessed by way of links on the Services to sites hosted by third parties that are outside of EDXTORE's control ("Third-Party Sites"). EDXTORE does not endorse or guarantee the accuracy, integrity, or quality of Third-Party Sites or Third-Party Content and disclaims all liability for any errors, omissions, violation of third-party rights, or illegal conduct arising from such content or sites. The inclusion of a link to any Third-Party Site in the Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services. EDXTORE is not responsible for the availability of Third-Party Sites accessed through links to the Services, and any such Third-Party Sites are not covered by this ToS or any other EDXTORE terms of policies. Should you discover that a link to a Third-Party Site is no longer functional please contact us at hkcs@EDXTORE.com. Any links which directs users to inappropriate content or Prohibited User Content should be reported to us at email@example.com.
12. How to submit a Copyright Infringement notice
If you have any copyright concerns about content available via the Services, or wish to submit a notice, please read the below for detailed instructions.
If you have any copyright concerns about any materials posted on the Services by others, or otherwise want to report inappropriate content on the Services, please let us know. Please provide us with written notice ("Notice") by contacting firstname.lastname@example.org.
If you are a copyright owner or authorized agent of a copyright owner and believe in good faith that copyrighted work has been copied, adapted, reproduced, or exhibited through the Services in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to email@example.com. To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ( "Complaining Party" ) of an exclusive right that is allegedly being infringed upon; Information reasonably sufficient to permit EDXTORE to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Services ( "Infringing Material" ), and information reasonably sufficient to permit EDXTORE to locate such material on the Services; Identification of the copyrighted work claimed to have been infringed upon ( "Infringed Material" ), or if multiple copyrighted works on the Services are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and, under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. How to report other prohibited content
Please notify us of any content you find in the Services that is infringing, offensive, or is otherwise prohibited under this AUP. We don’t want it here either.
EDXTORE also encourages you to report to firstname.lastname@example.org any Prohibited User Content. To ensure EDXTORE can quickly respond to the issue, your email should include: the originating EDXTORE page URL; the linked page URL; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which EDXTORE may best reach you if you are willing to further assist EDXTORE in its investigation.
14. Availability of the Services
You understand that the Services: (1) need Internet access to work; (2) may occasionally be offline for maintenance or emergencies; and (3) have features and functionality that may change over time.
You are responsible for obtaining Internet access in order to use the Services. While EDXTORE makes reasonable efforts to ensure the availability of the Services to Authorized Users, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond EDXTORE's control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the Services.
EDXTORE may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services. EDXTORE will make reasonable efforts to provide Authorized Users notice of significant changes to the Services whenever reasonably feasible. Information and updates about changes to the Services and its availability are posted regularly at www.EDXTORE.com.hk .
15. The Services come with no warranties
The Services’ availability and performance occasionally may be less than perfect, and you nonetheless agree to use them “as-is” and at your own risk.
You expressly acknowledge and agree that: (1) your use of the Services is at your own risk; (2) the Services are provided on an "as is" and "as available" basis; (3) you have not relied on any statement, information, or advice from EDXTORE's representatives or resellers that would be deemed to be a warranty of these services or form the basis for any liability of EDXTORE; and (4) to the fullest extent permitted under applicable law, EDXTORE and its licensors and contractors expressly disclaim all warranties and conditions of any kind, including those created by course of performance, course of dealing, usage of trade, and whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither EDXTORE nor its licensors make any representation or warranty that: (1) the Services or your use thereof will be uninterrupted or error-free; (2) the results that may be obtained from the use of the Services will be accurate or reliable; or (3) the Services will meet your requirements.
Any material uploaded/downloaded or otherwise obtained from the Service is done at your own discretion and risk; neither EDXTORE nor its licensors shall be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of the Service, and all servicing, repair, or correction and any damage to your hardware and software that may result from the use of the Service.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
16. EDXTORE’s liability to you is limited
If something goes wrong with the Services, EDXTORE’s liability to you is limited, as is your ability to bring claims.
Nothing in this ToS is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited under applicable law. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and in such instances our liability will be limited to the maximum extent permitted.
In no event shall EDXTORE or its employees, officers, agents, contractors, or licensors be liable for any compensatory, incidental, indirect, special, punitive, or consequential damages of any kind - including, without limitation any claims or damages based on your use of or inability to use the services, any third-party websites, or applications accessed through the Services, damage to property, third-party claims, loss of profits, goodwill, data, or other intangible losses, losses caused by your reliance on any content or information provided through the services, and/or any other losses of any kind arising from your use of the services. EDXTORE's maximum aggregate in connection with the services will in no event exceed the total fees paid by you for the specific services from which the loss arises. The limitations set forth in this section shall apply whether such liability is asserted on the basis of contract, tort, or otherwise, even if EDXTORE has been advised of the possibility of any such loss or damage, and/or if any of the limited remedies in this ToS fail their essential purpose.
No action, regardless of form, arising under this ToS may be brought by you more than one year after the facts supporting the cause of action have become known, or reasonably should have become known, to you.
17. You are responsible for any damage you cause EDXTORE
You agree not to use the Services in violation of these rules, or for any unlawful purpose. But if you DO, you agree to compensate EDXTORE for any damage you cause.
As a condition of your use of the Services, you warrant and represent to EDXTORE that: (1) you are an Authorized User; (2) you will, at all times, comply with all applicable local, state, national or international laws or regulations, and/or the academic rules or policies of your Institution in using the Services; and (3) you will not use the Services for any purpose that is unlawful or prohibited by these ToS, any applicable EULA, or the AUP. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless EDXTORE and its employees, officers, agents, contractors, and licensors from any claims, damages, expenses, or liabilities arising from or in any way related to any violation of this ToS or unauthorized use of the Services.
18. If we get into a dispute, these are the laws that will apply & the courts where claims may be brought
You agree that this ToS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all actions, disputes or controversies relating to this ToS or your use of the Services (each a "Claim") shall be subject to the laws of Hong Kong.
The courts of Hong Kong have exclusive jurisdiction over any dispute between you and us, irrespective of whether or not you are a registered user/subscriber and irrespective of the type of dispute. You agree not to commence or prosecute any action against us other than in the courts of Hong Kong and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction of the courts of Hong Kong. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
19. You agree to comply with export laws
You may not use the Services if you: (1) are located in a country designated by the U.S. Government as a “terrorist supporting” country; or (2) are listed on any U.S. Government list of prohibited or restricted parties. You also promise not to export the Services to countries requiring a U.S. export license.
Your use of Services, the Applications, and related technology are subject to U.S. or international control or export laws and regulations (“Export Laws”). Without limitation, you agree to strictly comply with all such Export Laws and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Application and related technology, as may be required. You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree not to transfer, directly or indirectly, by electronic means or otherwise, any Services to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or otherwise restricts such exports. You will indemnify and hold EDXTORE harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including, but not limited to, attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
20. A few additional, miscellaneous terms
This ToS is personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under this ToS, any applicable EULA , or the AUP (collectively, the “Terms”) to anyone. EDXTORE may assign or delegate its rights or obligations under the Terms, in whole or in part, subject to EDXTORE's right and obligations under the Terms and any agreement it may have with your Institution. In the event that any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the Terms shall remain valid and enforceable according to its terms. The Terms comprise the entire agreement between EDXTORE and you with respect to the Services and cannot be modified by you absent a signed written agreement. Section headings and summaries in the Terms are for your convenience only and do not have any legal meaning or effect. If EDXTORE waives or fails to enforce any term or condition of the Terms on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent EDXTORE from enforcing any terms or condition of the Terms at any other time. It is the express wish of the parties that the Terms and all related documents be drawn up in English. 雙方明示同意所有的條款和條件由英文寫就。
EDXTORE Limited is a registered company in Hong Kong whose registered office is at 18/F,10 Knutsford Terrace, Tsimshatsui, Kowloon, Hong Kong.