Terms of Use, Privacy Policy and Copyright

WELCOME to CULTURE EXCHANGE

Overview 

Owned, operated and managed by the Language Centre at the Hong Kong Baptist University (HKBU),  Culture Exchange is a hybrid course with online platforms containing content and frameworks for defined users to access units, activities and tasks as well as to post content and connect and interact with one another via personal and social interactive online spaces. Culture Exchange includes online content written in-house (see course writers below) and links to external web based content. It has been programmed externally with in-house collaboration (see programmers below).  


If you wish to reference content from Culture Exchange please cite the Course Writers and Course Programmers accordingly. See Course Writers and Course Programmers below for details. 


Terms of Use, Privacy Policy and Copyright


Access and use of Culture Exchange is reserved for registered students, teachers and administrative staff in the HKBU community.  HKBU reserves the right to allow and disallow access or use, as and when appropriate.
 
Please review these Terms of Use before using Culture Exchange. Once you enter, use or log into Culture Exchange, your consent to these Terms of Use is taken as given.  If you do not agree with these Terms of Use, please refrain from using Culture Exchange.  

These Terms of Use apply to your usage of each aspect of Culture Exchange, including privacy and copyright.  

1. Intellectual property rights contained in Culture Exchange are copyright protected. To reference any part of Culture Exchange refer to course writers and programmers listed below. Intellectual property rights pertain to all content and course materials of this course, including all website content and design for both students teachers and administration staff, and is not limited to platform design, presentations, materials, texts, images, diagrams, tables, drawings, notes, video and audio recordings, syllabi, and assignments (“Course Materials”) are protected under the Copyright Ordinance (Cap. 528) of the Hong Kong SAR and similar laws in force from time to time throughout the world, as well as by the policy of HKBU. The copyright of the Course Materials and any other materials that the course writer has created as well as additional materials and content created by other course writers or individual course instructors belong to the respective individuals who created the content. Course Writers are listed below. You may use Culture Exchange and the Culture Exchange content only in the manner and for the purpose permitted in these Terms of Use.  

 
2. HKBU claims no ownership of any content (including any services and/or products) you have created, posted, uploaded, or shared on or through Culture Exchange as well as all your personal data, (the “User Content”). You therefore retain ownership of the intellectual property rights subsisting in and are solely liable for your User Content and any act or omission in relation to such User Content.
 
3. By uploading User Content to Culture Exchange, you agree and represent unreservedly that: (i) you are the owner of your User Content and have the right to upload such User Content; (ii) by posting and/or using User Content on, through or via Culture Exchange, you are not violating, misappropriating or infringing upon the rights of any third party, including, without limitation any trademarks, copyrights and/or any other privacy, publicity or other intellectual property rights; (iii) you irrevocably undertake to pay any and all royalties, fees, or any other monies that may be owed or due because of your User Content; and (iv) you have the legal right and possess the legal capacity to agree to these Terms of Use within your jurisdiction.  
 
4. It is strictly forbidden to use Culture Exchange for any illegal or unauthorized activities. You agree to comply with all laws, rules and regulations applicable to your use of Culture Exchange and your User Content including, but not limited to, all relevant copyright laws.
 
5. You shall refrain from defaming, stalking, bullying, abusing, harassing, threatening, impersonating or intimidating other people or entities. You also commit not to post private or confidential information, including but not limited to, your or any other person's credit card information, social security, national identity numbers, private phone numbers and private email addresses. You shall not post personal data of another person without their prior, explicit consent. 

6. You shall not upload, post, distribute, offer or solicit content (including without limitation photos), services and/or products that are, endorses or promotes (expressly or implicitly) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, offensive, malicious, disturbing, fraudulent, pornographic, indecent, obscene, sexually suggestive or in violation of legislation for protection of minors, data protection and/or other laws on or through Culture Exchange
 
7. Users must not interfere with or disrupt Culture Exchange as well as servers or networks connected to Culture Exchange, including by uploading or circulating (1) worms, viruses, trojans, spyware, malware or any other malicious, destructive or disruptive codes, (2) bulk transmission of large volumes of data or sustained transmission, or (3) junk or spam messages.  
 
8. You are not allowed to create accounts with Culture Exchange using unauthorized means, including, but not limited to, by employing tools such as automated device, script, bot, spider, crawler or scraper. 
 
9. You must not attempt to prevent another user from using or enjoying Culture Exchange and you must not encourage, endorse or facilitate violations of these Terms of Use.
 
10. Certain areas of Culture Exchange feature tools (such as direct messaging) aim at facilitating exchange of ideas and information between users. HKBU shall not be held responsible or liable for any content, including User Content, posted or distributed through such exchanges.  Views and opinions expressed by Users shall not be construed as being endorsed by, or should not be ascribed to HKBU. You are solely responsible for all User Content posted by you, and accept all risks relating to its use by others and others’ reliance on it.  You shall adhere to guidelines listed in the Culture Exchange Comments Policy (see About). 
 

11. You are only allowed to use Culture Exchange and the Culture Exchange Content for non-commercial purposes and it is strictly forbidden to use Culture Exchange or the Culture Exchange Content for any political or unauthorized purposes unrelated to HKBU. You must also refrain from activities that, amongst others,: (1) are illegal or fraudulent; (2) inaccurately imply the endorsement, approval, or sponsorship by HKBU (or any individual officer or employee of HKBU); (3) can be confused with official communications of HKBU or its officers or employees; and (4) involve the printing or electronic mass mailing (sometimes known as "spamming") for the purpose of solicitating commercial services. 
 
12. You acknowledge and agree that HKBU has the right but is under no obligation whatsoever to display, monitor, or take any action with respect to the Culture Exchange Content or User Content.   HKBU reserves the right, at its entire discretion to edit Culture Exchange and edit, remove, delete or refuse any User Content for any reason without notice to users.  Should HKBU consider in its absolute discretion that any User Content is in violation of the above standards or any provision of these Terms of Use or any applicable laws, HKBU reserves the right to suspend or terminate the relevant user’s account and revoke its right to use Culture Exchange, in addition to any other rights or remedies. As HKBU does not approve or endorse any User Content, you agree that HKBU has no responsibility or liability in connection with your use of any User Content.    
  
13. HKBU reserve the right to use (including storing, disclosing and processing) your User Content in compliance with its privacy policy and with any data use policies, privacy statements and privacy notices (collectively, “Privacy Policies”) specific to Culture Exchange.  
 
14. HKBU will treat your User Content as confidential information in accordance with its policies, and will only use and disclose it in accordance with these Terms of Use and the Privacy Policies. Please refer to our Privacy Policy for further information about our privacy policies and practices.
 
15. The personal data of alumnus/alumna of HKBU on Culture Exchange will be transferred to the Alumni Affairs Office of HKBU in accordance with the office’s Privacy Policy / Personal Information Collection Statement.
 
16. Culture Exchange and the totality of its content are provided “as is” and does not come with any warranties of any kind, whether express or implied. Provision of the Culture Exchange for use is subject to HKBU’s technical and operational capabilities at any given time and HKBU does not guarantee that the use of Culture Exchange will be free of disruption or outage.  HKBU may interrupt, limit or suspend access without prior notice at any time.  HKBU does not approve nor endorse any user content and shall not be liable to anyone whatsoever for any damages of any kind that may arise or be associated with the use of Culture Exchange, any Culture Exchange Content, or any User Content regardless of whether HKBU has been advised of the possibility of any such damages.  You agree that the use of Culture Exchange is at your own risk.
 

17. You agree to indemnify and hold harmless HKBU and its officers, fellows, governing board members, directors, employees and agents, from and against all and any claims, actions, suits, damages, liabilities and costs (including, without limitation, any legal fees on full indemnity basis) that may arise from or related to your use of Culture Exchange, any Culture Exchange Content, your own User Content, your infringement of third party rights or contractual obligations, warranties or guarantees, and/or your from your failure to comply with any provisions contained in these Terms of Use or applicable laws.  

18. Besides your personal data provided when creating or updating your account, data/information about you during your use of Culture Exchange will be collected.  Such information includes your name, contact information (including e-mail address), device information (such as device ID), connection information (such as IP addresses, log data, user ID), registration information (such as user certificate), activity log and usage history.  Such information may be used for purposes of providing rights of access to Culture Exchange, administering and maintaining Culture Exchange (including security), communicating with you and ensuring observance of these Terms of Use and/or applicable laws.  HKBU may disclose your personal data to third parties for one or more of these purposes, including its IT service providers and regulators.

19. The rights granted to you hereunder shall terminate automatically upon your breaching any of these Terms of Use, unless HKBU otherwise waives such breach in writing, but the other provisions of these Terms of Use will survive any such termination.  HKBU reserves the right at any time and in its sole discretion to cease providing any Culture Exchange Content, to change or discontinue any component of CultureExchange, or to cease making Culture Exchange available.   
  

20. For the convenience of users, Culture Exchange may provide links to websites operated by third parties. HKBU does not endorse or accept responsibility for the content or the use of any such third-party websites and any risks from such usage rests entirely with you. Any access or use of such third-party websites shall be subject to such third party’s terms.  Links to third party websites shall not be construed as implying that HKBU is affiliated or associated with any linked site.  
 
21. These Terms of Use are subject to change without notice from time to time. Any changes will be posted to this page. Your use of Culture Exchange or any Culture Exchange Content following such changes shall constitute your agreement to the modified Terms of Use.  
  
22. These Terms of Use, as well as any claim or dispute that may arise from or be related to your usage of Culture Exchange shall be exclusively governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflicts of laws principles.  You agree that all such claims and disputes shall be heard by and resolved exclusively in the courts of the Hong Kong Special Administrative Region of the People's Republic of China. You further consent that such courts will have jurisdiction over you individually with regards to such matters and hereby waive and agree not to assert any objection to proceedings on such matters in such courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).   
  
23. If any provision of these Terms of Use were to be held invalid or unenforceable, that provision, to the extent of its invalidity or unenforceability shall be struck but such invalidity or unenforceability shall have no effect on the validity or enforceability of all remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. HKBU’s failure to act with respect to a breach by you or other people or parties shall not be construed as constituting a waiver of our right to act in respect of this or any subsequent or similar breaches. Except as otherwise expressly stipulated in these Terms of Use, nothing herein shall be deemed to confer any rights or benefits whatsoever to any third party. These Terms of Use set forth the entire agreement between you and HKBU with regard to your usage of Culture Exchange.   

Course Writers: 

June 2019 

1.    Sarah TOOGOOD- 
•    Concept and framework for course characters, content, content navigation, content engagement in MYSPACE and SHARESPACE, online platforms and offline activities 
•    Units including scripts within each Unit, Research Time content and directions to links, Tasks and directions for tasks 
•    Parties and all activities including quizzes 
•    Comments Policy, Acknowledgments and References, Terms of Use, Privacy Policy and Copyright, Course Overview (OBTL), Course Introduction, Course schedule 

June 2020

2.    Sarah TOOGOOD and Dorothy Chun Mei LAM – Teaching schedule 
3.    Sarah TOOGOOD and Amber MATTHEWS – Toonly Videos

March 2021 

4.    Sarah TOOGOOD, Ahmad SALIH and Muhammad BACKER, Dorothy Chun Mei LAM and Dave, Kwok Ho FUNG – Blueprint for outlook, navigational clicks and directions on platforms 

August 2021 

5.    Sarah TOOGOOD, Michelle Yuen Shan FONG, Connie Hiu Man LEUNG and Jenny Jae Hee CHOE – User Testing, Proofreading and Editing. 

Course Programmers: 

Pilot Simple Software, Ltd. 
Dave, Kwok Ho FUNG 

 
Updated in August 2021