Terms of Use

Released:

These terms govern your use of the YAA Online Platform (referred as “the Platform” herein). By using the Platform, you agree to these terms. If you entered into another agreement with kaitak, Academy of Visual Arts, Hong Kong Baptist University (referred as “We” herein) concerning the Platform, then the terms of that agreement controls where it conflicts with these terms.

1. Your Content.
1.1 Ownership
You retain all rights and ownership in your content. We do not claim any ownership rights in your content.

1.2 License to Your Content
Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Platform. When you upload or submit content to the Platform, you grant us (and our parents and affiliates) a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for the only purpose of operating, marketing, promoting, and improving the Platform. We will attribute to you if we incorporate your content into a the Platform feature or into promotional or marketing materials.

1.3 Accessing and Sharing Your Content
By submitting your content to the Platform, you also give other users of the Platform the right to share your content via various social medial platforms integrated with the Platform. We may offer you ways to access and remove your content. Our Service may also provide ways for you to limit the scope of use and access and other user’s access and use of your content (such as allowing you to make your content available under Creative Commons licenses).  You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content.  We do not monitor or control what others do with your content.  It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing and sharing your content accordingly.

1.4 Termination of License
You may terminate this license at any time by removing your content from the Services.  However, you agree that we may retain and use copies of your content for archival or backup purposes.

1.5 Feedback
You have no obligation to provide the Platform with ideas, suggestions or proposals (“Feedback”). If you submit Feedback to us, we may use it for any purpose without compensation to you and have no obligation to keep your Feedback confidential.

2 Service Eligibility
You can only use our Services if you are a student or graduate of the Academy of Visual Arts, Hong Kong Baptist University.

3 You need to create an account with us in order to use the Platform. It is your responsibility to keep your log-in credentials secure and you are responsible to us for all activities that occur via your account. You must not use another person’s Account Information.

4 Please don’t use the Platform to do anything unlawful, infringing, disruptive, harmful, threatening, abusive, tortious, defamatory, libellous, lewd, profane, obscene, hateful or otherwise objectionable. While you are free to promote your Creative Work on the Platform, do not spam other users via messaging or project comments. Don’t phish or collect other people’s information without their consent. Only use the Platform to post your own creative work.  Don’t use the Platform as a generic image hosting service such as for banner advertisements, etc. If we decides that your conduct violates the Terms of Use, we may remove your content or disable your use of the Platform at any time, with or without notice to you.

5 Use of Our Services.
5.1 Unless otherwise stated in a separate agreement, we are not responsible for (a) the loss, corruption, or damage to your content, (b) the deletion or accuracy of your content, or (c) the security, privacy, or communications related to your content.

5.2 We may create limits on the use of the Platform, including limitation on file size and storage space. We may require you to delete your content until you are within certain storage space limits.

5.3 We may include links to websites or services that we do not operate. We have no control over and are not responsible for the content appearing on these websites or services.

5.4 As you know, we host user-generated content from our users. You may come across content that you may find offensive or upsetting on the Platform. You agree that your sole remedy is to simply stop viewing the content that bothers you.

6 Fees.
6.1 Unless otherwise stipulates, all the functions available on the Platform are free of charge.

6.2 You are responsible for paying all fees levied in connection with your use of the Platform. Your ability to access the Platform may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.) which are solely your responsibility.

7 Your Warranty and Indemnification Obligations.
7.1 You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to your content and have the right to grant us the license stated in Section 1.2 above.

7.2 You also represent and warrant that your content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

8 Our Disclaimer of Warranties.
8.1 You acknowledge and agree that by accessing or using the Platform, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through the Platform do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.

8.2 Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.

9 Our Limitation of Liability.
IN NO EVENT SHALL WE, AND OUR PARENTS OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.

10 Notices
10.1 Notice to us.Unless otherwise stipulated, you must send any notices to:  Rm112, Academy of Visual Arts, 51 Kwun Tong Road, Kowloon.

10.2 Notice to You
We will give notices to you either via email, regular mail, text message, or other means reasonable for the type of notice provided.

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