Rule and Regulations for StudySuite® Subscribers

Rules and Regulations for StudySuite® Subscribers

Article 1 Rules and Regulations for Subscribers

These Rules and Regulations for Subscribers (hereinafter referred to as Rules) will apply to subscribers duly registered in accordance with Article 4 (hereinafter referred to as Subscribers) when they use the study site managed and operated by Study Suite Limited. (hereinafter referred to as Operator) on their own web site.

Article 2 Definitions

The expressions used in these Rules are as defined as follows:

  1. This Site – the web site on which StudySuite® is managed and operated by the Operator.

  2. Subscriber – an individual who has become a registered user in accordance with Article 4 as provided for on the page for Subscribers.

  3. Contents – all information provided on This Site by the Operator.

  4. Cookie – a parcel of data recorded and residing on the hard disc which is sent to the user’s computer for the purpose of identifying the user by a web site.

Article 3 Revisions to the Rules and Regulations

  1. The Operator may make revisions to the Rules without the consent of Subscribers. In that event, the conditions regarding use of This Site will be reflected in the Rules and Regulations for Subscribers after any revisions have been made.

  2. As for changes that have been made to the Rules and Regulations for Subscribers, the Operator, except as otherwise stipulated, will put them into effect at the time the changes have been made to the Rules stated on This Site.

Article 4 Subscribers

  1. A Subscriber is an individual who had applied using the subscription application provided on This Site and who has been approved by the Operator. The individual becomes a registered Subscriber by agreeing to the Rules and after completing the registration process established by the Operator. Completion of the subscriber registration process means that the individual agrees to the Rules.

  2. Subscriber registration is not possible in the following cases:

    1. When the Operator cannot use the contact, such as e-mail address, provided by the applicant.

    2. If the applicant had previously been a registered subscriber but subsequently had his subscription taken away.

Article 5 Changes to Registration Information

              1. In the event that there are changes to be made to the information used at the time of registration, the Subscriber must promptly make revisions reflecting those changes on the web site.

              2. The Operator is not responsible for any problems or damages resulting from failure of the Subscriber to make necessary changes to his or her registration information.

Article 6 Prohibition of Transfer

The Subscriber is not allowed to transfer his rights as a Subscriber to a third party.

Article 7 Facilities

  1. The Subscriber will prepare and use such necessary hardware, software, communication devices, and the like which meet the conditions of use of This Site and will assume responsibility for the cost of such.

  2. While This Site is provided for use by personal computers, it does not guarantee that it can be used by all commercially provided personal computers.

Article 8 General Rule of Personal Responsibility

  1. The Subscriber will be responsible for all actions and results, regardless of whether they are appropriate or not, arising from the use of This Site with the ID provided at the time of registration to use This Site.

  2. The Operator is in no way responsible nor liable for any damages resulting from use of This Site by the Subscriber provided that the Operator is not responsible for the damage caused.

  3. The Subscriber, in the event of requests, questions, or claims made in regards to the actions of third parties, will convey those intentions to the third party in question and as for the results, will bear personal responsibility and will pay for any incurred costs required to resolve such issues.

  4. The Subscriber, in the event that a claim for damages is made against the Operator of This Site or a third party (including such event where the Operator or a third party incurs damages resulting from failure of the Subscriber to carry out obligations of these Rules), will assume personal responsibility and all expenses for compensation of damages.

Article 9 Contract Implementation

The Subscriber will enter his or her name, e-mail address, and other information in the registration screen, make payment of the subscription fee in the method indicated by the Operator, and at that time such payment has been verified, this agreement between the Operator and the Subscriber will take effect.

Article 10 Subscription Fees

Subscription Fees are listed on the page of This Site for Subscribers and are as follows:

Program Annual Subscription Fee Monthly Subscription Fee
Sound Studies $100 $10
Spelling Bee $50 $5
Write It Right $150 $15
Remember and Repeat $200 $20

The validity of a subscription is for one year beginning from the date of payment.

Article 11 Cookies

The Subscriber consents to allow the Operator to send a cookie to his or her computer for the purpose of recognizing the Subscriber.

Article 12 Responsibility for Managing ID and Password

    1. The Subscriber shall not allow third parties to use the ID and password issued at the time of registration necessary to use This Site, shall not share with nor transfer to a third party such ID and password, and shall be wholly responsible for the management and use of such ID and password.

    2. The Operator shall in no way be responsible for any damages incurred by the Subscriber, regardless of whether there was negligence on the part of the Subscriber or not, as a result of his or her ID and password being used by a third party.

    3. In the event that the Subscriber forgets the password he or she had established, he or she shall then immediately notify Operator and then follow the instructions given by the Operator. Further, the Subscriber is wholly responsible for all access and use of This Site by the ID and password that was issued to the Subscriber.

Article 13 Exclusion Clauses

  1. In the event that it is not possible to use part or all of This Site, the Operator will be in no way responsible for any damages incurred by the Subscriber as a result of that.

  2. The Operator screens This Site in advance for possible computer viruses, however, that does not constitute a guarantee that the Subscriber’s computer will not be infected by possible computer viruses. The Operator is in no way responsible if a Subscriber’s computer should become infected by a computer virus while accessing This Site.

  3. The Operator endeavors in every possible way to maintain high security of This Site in regards to information regarding the Subscriber that is transmitted, such as by using SSL (Secure Socket Layer) encryption, however, it will not be responsible for damages incurred by a Subscriber resulting from the cracking of a third party in spite of all security measures taken.

Article 14 Copyrights and Trademarks

  1. All rights relating to the information provided on This Site, including services, as well as designs, photographs, recording, text, diagrams, and the like, belong to the Operator. Accordingly, unauthorized use, sale, reproduction, or alteration of the information posted on This Site is strictly prohibited.

  2. All of the trademarks, service marks, logos, etc. used in This Site belong to the Operator or the registered owner of such trademarks. Unauthorized use of these for purposes other than those provided for in the Agreement is strictly forbidden.

  3. The Subscriber will not allow violations of the preceding Paragraph 2 by third parties.

Article 15 Prohibitions

  1. The Subscriber understands and acknowledges that he or she will not engage in any of the actions listed below in regards to This Site, and that in the event a violation should occur on the part of the Subscriber, that Subscriber’s subscription may be cancelled.

    1. Actions which infringe the copyrights, trademarks, and intellectual rights of the Operator and/or owner of same, actions that could appear to be infringements of them.

    2. Alteration or deletion of information of the Operator or third parties that could possibly be obtained by access to This Site.

    3. Using This Site in the guise of a third party.

    4. Sending malicious computer programs or allowing third parties possible access to This Site.

    5. Actions which conflict with pre-election activities, election activities, and which contravene other public election laws.

    6. Unauthorized access to the facilities of third parties or to the facilities of This Site (hereinafter referring to the transmission facilities, electronic calculators, and other equipment and software provided by the Operator for This Site) or use thereof, as well as any actions that might damage the operation thereof (including any acts that could possibly be construed as such).

    7. In addition to those enumerated above, any actions that contravene laws and regulations, this agreement, as well as public morals and values; actions which harm the operation of This Site; actions which damage the reputation of the Operator or which harm the assets of the Operator; and actions that are disadvantageous to the Operator or third parties.

  2. The Subscriber acknowledges that if any of the following should apply to him or her it could result in cancellation of his or her subscription.

    1. Violation of this Agreement.

    2. Providing false information when registering as a subscriber.

    3. Discovery that subscription rights to This Site have previously been revoked.

    4. Any action deemed by the Operator to be inappropriate for a Subscriber.

Article 16 Temporary Suspension of This Site

  1. The Operator will temporarily suspend the operation of This Site, without prior notification of Subscribers, in the event of any of the following occurring:

    1. When there is scheduled or emergency maintenance of the Facilities of This Site.

    2. When it is not possible to run This Site because of power outages, fire, or the like.

    3. When it is not possible to run This Site because of earthquakes, volcanic eruptions, floods, tsunami, or other natural disasters.

    4. When it is not possible to run This Site because of wars, unrest, disturbances, riots, labor disputes, and the like.

    5. Whenever the Operator deems it necessary to temporarily suspend services for technical and any other reasons.

  2. The Operator is in no way responsible for any damages incurred by Subscribers or third parties as a result of delays or suspension of services for the reasons listed above or for any other reason.

  3. The Operator may suspend the use of or limit access to This Site or make changes to it without the consent of Subscribers. In such event, the Operator shall not be responsible in any way for damages incurred by Subscribers or third parties as a result of such actions.

Article 17 Use of Subscriber Information

  1. The Subscriber understands and consents to the Operator recording in a database matters pertaining to the history of the contents of the Subscriber’s use of This Site as well as matters provided by the Subscriber at the time of registration as a Subscriber to This Site.

  2. The name and other information about the Subscriber, as well as information that especially identify the individual (hereinafter referred to as Personal Information) will not be used for purposes other than those listed below nor transferred to others.

    1. Survey and proposal of revisions, etc. to the contents of the product.

    2. Survey and proposal of market trends and needs.

    3. Product public relations.

    4. Provision of services that have been applied or registered for.

    5. Delivery of products for which orders have been received or awards for subscriptions offered.

    6. Commercial invoicing of fees for products or services ordered.

    7. Notification of survey results to Subscribers participating in questionnaires.

    8. Notification of events.

    9. Providing direct mail, fax, e-mail and other forms of notification.

    10. Any other purposes for use closely related to the above.

  3. In the event that a Subscriber desires to make public, correct, or stop use of his or her Personal Information, the Operator will take the necessary steps in accordance with laws, regulations, and the procedures established by the Operator.

  4. The Operator will take appropriate legal measures to manage the Personal Information of Subscribers as well as the Personal Information stored in the database and protect it from illegal access, loss, and other risk.

  5. The Operator will not divulge to third parties the Personal Information of Subscribers nor matters pertaining to the contents of Subscriber use during the term of Agreement nor after it has terminated. Unless, however, as provided in the following situations:

    1. The Subscriber consents to the information being disclosed.

    2. Such information has been requested by law.

Article 18 Court of Jurisdiction

In the event that litigation between the Subscriber and Operator becomes necessary, the Hong Kong Judiciary shall have prior jurisdiction.

Article 19 Governing Law

This governing laws for this agreement shall be the laws of the Hong Kong.

Date: February 19th, 2008