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These terms govern the use of the aihm.education website (the “Website”) provided by Asian Institute of Hospitality Management and/or its affiliates (collectively, “AIHM”). By using this Website, the user (“User”) indicates that he/she is entering into a legally binding agreement with AIHM according to the terms herein (the “Agreement”). If a User does not agree to be bound by the Agreement, then such User is not permitted to use the Website and should leave the Website immediately. This Agreement is subject to change by AIHM at any time in its discretion. Changes to the Agreement will be sent to users’ email addresses registered with the Website, and a User’s use of the Website after receipt of notice of such changes will be deemed the User’s acceptance thereof. If a User does not agree with such changes, then such User is not permitted to use the Website.
1. USE OF THE WEBSITE AND USER GENERATED CONTENT
License to Use Website. AIHM grants the User a nonexclusive, non-transferable, limited, revocable right during the term of this Agreement to use the Website solely for the User’s personal, non-commercial use in accordance with the terms and conditions of this Agreement. Users will not use the Website for any other purpose without AIHM’s prior written consent.
Ownership of Content. The Website enables AIHM and authorised users to exchange comments, ideas, text, graphics, audio, images, and other materials (collectively, “Content”). All course materials within the Content are owned by AIHM, or by such other rights holder as may be indicated thereon. All Content User Submits (as defined below) (collectively, “User Content”) will be considered submitted on a non-confidential and non-proprietary basis. Without limitation, AIHM shall exclusively own all User Content to the extent permitted by law, and in consideration of AIHM providing the User with access to the Website, the User hereby assigns, transfers, and conveys to AIHM, its successors, assigns, and legal representatives, all right, title, and interest in and to such User Content, including all intellectual property rights therein. The User agrees to execute and deliver to AIHM any documents necessary to complete or record the foregoing assignment. To the extent that any rights in or to any User Content do not vest in AIHM by virtue of the terms of this Agreement, User hereby waives and agrees never to assert such rights against AIHM or any of AIHM’s licensees. If the User has any rights to the assigned items that cannot be assigned to AIHM or waived by User, User unconditionally and irrevocably grants AIHM, its parents, affiliates, subsidiaries, licensees, sub-licensees, and all Website users, during the term of such rights, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable, non-exclusive license to use, copy, display, perform, distribute, adapt, modify, and promote the User Content in any medium, now known or hereafter created. AIHM shall be free to use, for any purpose, any ideas, concepts, know-how, techniques, or content contained in any User Content and will be entitled to use, make, reproduce, disclose, distribute, perform publicly, display publicly, create derivative works of, and reduce to practice any User Content for any purposes whatsoever, without restriction and without compensating the User in any way. AIHM shall not be subject to any obligations of confidentiality regarding the User Content, except as may be required by law. AIHM is under no obligation to post or use any User Content submitted and AIHM may remove any User Content at any time in its sole discretion.
Warranty and Representations with Respect to User Content. User, and not AIHM, is entirely responsible for any and all User Content that User uploads, posts, emails, transmits, shares, or otherwise displays or makes available via the Website (collectively, “Submit”) and User acknowledges and agree that User has a responsibility to treat the Website and all information in it, in a professional, ethical, lawful and confidential manner. By Submitting User Content, User warrants and represents that the information is accurate and User owns or otherwise controls any and all of the rights to User’s Submission including, but not limited to, all the rights necessary for User to Submit the User Content. To the extent that the User Content Submitted contains copyrighted or protected content, User warrants and represents that (i) User is the owner of such content, or that (ii) User has the rights necessary to grant the assignment (or license) set forth in Sections 1.b and 1.c above and has credited the owner thereof within the Submitted Content, and in either case, that each person depicted in such Content, if any, has provided consent to the use of the content as set forth in this Agreement. Moreover, User represents and warrants that User has not and shall not represent the Content of any third party, as being owned by, or the original Content of, User.
User Use of the Content. User may use, download or print a copy of the Content displayed on the Website and/or User may share the Content, using the ‘sharing’ tools displayed on certain pages within the Website, solely for User’s own personal, non-commercial use, provided (i) User does not remove or modify the Content or any copyright, trademark, or other proprietary notices or any disclosures associated therewith; (ii) User agrees to comply, and actually complies with, any terms, conditions, and notices accompanying the Content; (iii) User complies with all copyright and other intellectual property laws; (iv) User complies with all confidentiality obligations in Section 2 below; and (v) User otherwise complies with the terms and conditions of this Agreement. This limited, revocable, non-transferable privilege to use the Content in no way constitutes a transfer of any right, title, or interest in the Content User downloads, views, or otherwise accesses. This is a grant of a license, not a transfer of title, and under this license User may not: (1) modify or copy the Content (except as set forth herein); (2) use the Content for any commercial purpose, or for any public display (commercial or non-commercial); (3) attempt to decompile or reverse engineer any software contained on the Website (except as permitted by law); (4) transfer the Content to another person, except as otherwise allowed herein ; (5) “mirror” the Content on any other server; or (6) otherwise distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, material, software, products or services on the Website, except as allowed herein. This license shall automatically terminate, without need for notice, if User violates any of these restrictions. Otherwise, it may be terminated by AIHM at any time subject only to any notice requirements with which AIHM must comply in accordance with applicable law. Upon terminating User’s viewing of these materials or upon the termination of this license, User must destroy any downloaded materials in User’s possession, whether in electronic or printed format.
– Submitting any Content or otherwise promoting, conducting, participating in or assisting in any activity on the Website that is prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, defamation, data privacy or protection, the export of technology, the transmission of obscenity, copyright law, or the permissible uses of intellectual property;
– Submitting files that contain images, software, or other material protected by intellectual property laws, including, by way of example, copyright, database rights or trademark laws, unless User owns or controls the rights thereto or have obtained all necessary consents and/or rights to submit such materials to the Website and grant the transfer of rights required in Section 1.b above;
– Using or submitting any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, database rights, patent, trade secret, or other proprietary rights of any party;
– Using the Website to intentionally spread false information or rumours or in any way that is fraudulent or has a fraudulent effect or purpose, or engaging in other abusive activity with respect to securities or other financial instruments;
– Submitting trade secrets, or confidential or non-public information about publicly traded securities or other financial instruments;
– Submitting any Content that is unlawful, harmful, defamatory, offensive, sexually explicit, threatening, abusive, harassing, tortious, denigrating, vulgar, obscene, libellous, invasive of another’s privacy, inflammatory, discriminatory, embarrassing, inappropriate, offensive, or otherwise objectionable;
– Using the Website to stalk or otherwise harass, annoy, threaten, alarm, or harm another;
– Using the Website to promote the User or the User’s business; the User’s Content must not be self-serving and absolutely no type of advertising or solicitation efforts will be allowed;
– Impersonating any person or entity or falsely stating or otherwise misrepresenting User’s affiliation with a person or entity or collecting or storing personal data about other users in connection with the prohibited conduct and activities;
– Submitting any Content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– Submitting any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
– Submitting any material that contains software viruses, Trojan horses, worms, time bombs, corrupted files, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that may damage or interfere with the operation of another’s computer or property of another;
– Using the Website in any manner that could damage, disable, overburden, or impair any AIHM server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or interfere with any other party’s use and enjoyment of the Website;
– Attempting to gain unauthorised access to or otherwise misuse any Website, other accounts, computer systems, software or networks connected to any AIHM server or Website, through hacking, password mining or any other means or obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Website;
– Violating, intentionally or unintentionally, any applicable local, state, national or international law;
– Forging headers or otherwise manipulating identifiers (including URLs) in order to disguise the origin of any materials transmitted to or from the Website, or deleting or altering any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material;
– Collecting, using or transferring information about others, including e-mail addresses or other personal information except as expressly permitted by this Agreement or with the appropriate permissions;
– Including on the Website any personal information, including but not limited to financial information or sensitive information about User or any other person (such as information about religious or similar beliefs, racial or ethnic origin, health or sexual life, political affiliation, trade union membership or information about criminal offences);
– Unless specifically authorised herein or enabled by the Website, sharing any Content with or via any third-party Websites; and/or
– Deep-linking to the Website for any purpose unless expressly authorised in writing by AIHM or engaging in “framing”, “mirroring” or otherwise simulating the appearance or function of the Website.
Website Moderation. AIHM and its designees retain the right, at AIHM’s sole discretion, to pre-screen, refuse, monitor, restrict access to, or remove any Content from the Website. Without limiting the foregoing, AIHM reserves the right to refuse or delete any Content of which it becomes aware and at its sole discretion deems infringing, inappropriate or not to fulfil the spirit or purpose of the Website. In addition, AIHM shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content, including but not limited to Content that it considers to constitute Objectionable Content or to be illegal or otherwise in breach of this Agreement. AIHM does not guarantee the accuracy, integrity, or quality of Content. To the extent permitted by law, under no circumstances will AIHM be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content, including any Content posted, emailed or otherwise transmitted via the Website. User should exercise discretion before relying on information in Content as such Content may contain false or otherwise misleading information. To the extent that User uses or relies on information posted within the Website, User does so solely at User’s own risk.
No Advice by AIHM. No comments made by any employee or agent of AIHM or any user through the Website should be understood or used as advice or recommendations. It is possible that users will post comments on the Website related to their experiences. As with other postings on the Website, AIHM is not liable for any such postings and, such user comments may contain false or misleading information.
2. CONFIDENTIAL INFORMATION
The Website may provide User with access to certain personal, confidential and/or proprietary information of AIHM and/or AIHM affiliates (collectively, “Confidential Information”). Confidential Information includes, without limitation, (i) the Website, (ii) the Content, (iii) information or materials related to AIHM’s or a AIHM affiliate’s business, trade secrets, students or customers (including identities, characteristics and activities), business plans, strategies, forecasts or forecast assumptions, operations, methods of doing business, records, finances, assets, technology (including software, databases, data processing or communications networking systems), data or information or materials that reveal research, technology, practices, procedures, processes, methodologies, know how, or other systems or controls by which products, services, applications and methods of operations or doing business are developed, conducted or operated, and all information or materials derived therefrom or based thereon; (iv) information or materials designated or identified as confidential by AIHM or a AIHM affiliate, whether in writing or by an appropriate proprietary stamp or legend; and (v) any information that relates to a person and that could be used, either directly or indirectly, to identify such person, whether a natural person or a legal entity. User will protect the confidentiality of the Confidential Information in the same manner that User protects User’s own confidential information of like kind, but at a minimum User will have appropriate safeguards as required by law and to otherwise ensure the security, integrity and confidentiality of such information, including protecting it from (i) unauthorised disclosure, access, use or modification; (ii) misappropriation, theft, destruction, or loss; (iii) inability to account for such Confidential Information. User must not reproduce, disclose, or use any Confidential Information except as expressly permitted by AIHM.
3. RIGHT TO MODIFY, SHUT DOWN, OR DENY ACCESS TO THE WEBSITE
AIHM reserves the right to modify the content, features, and functionality of the website, to shut down the website, and to limit or deny access to all or part of the website at any time, for any reason, without prior notice, and to the extent permitted by law will not be liable in any way to User or any third party for any possible loss, liability or consequence of such action.
4. TERM AND TERMINATION
AIHM may immediately terminate User’s right to use the Website and Content if User violates any provision of this Agreement. Additionally, AIHM may terminate the User’s access to the Website and Content for any reason and without notice. User will immediately cease using the Website and Content upon termination and will destroy any Content in User’s possession or control.
User may terminate this Agreement, for any reason, at any time, with notice to AIHM. This notice will be effective upon AIHM processing User’s notice. Termination of this Agreement will lead to termination of User’s Website account and User’s profile will be deleted while other Content which User has posted on the Website may remain on the Website and remain subject to the rights with respect to Content set forth in this Agreement.
5. DISCLAIMER OF LIABILITY
Some countries do not allow all of the following limitations or exclusions of liability and if required by local law, the contents of this section may not apply to User. The website and content are provided ‘as is’, ‘as available’ without any warranties or representations of any kind. AIHM and its affiliates and licensors make no representation or warranty about the accuracy, adequacy, completeness, availability or timeliness of the website or content, and expressly disclaim to the extent permitted by law any and all representations and warranties of any kind with respect to the website and the content, express, implied, or statutory, including, without limitation, any warranty of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer viruses. Further, AIHM will not be liable for any loss or injury caused in whole or in part by procuring, compiling, interpreting, reporting or delivering content.
AIHM does not guarantee that the website will be provided without interruption or errors in functioning and to the extent permitted by law, will not be liable for any malfunctioning, impossibility of access or poor use conditions of the website. Nor will AIHM be liable for any loss or damage caused by a denial of service attack, viruses or other technologically harmful material that may infect User’s computer equipment, computer programs, data or other proprietary material due to User’s use of the Website or to User downloading any material posted on it or any website linked to it.
6. LIMITATION OF LIABILITY
Some countries do not allow all of the following limitations or exclusions of liability and if required by local law the contents of this section may not apply to User. To the extent permitted by law, in no event will AIHM, its licensors, service providers, agents, officers, or directors, be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or content or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.
To the extent permitted by law, User shall indemnify, defend, and hold harmless AIHM, and its officers, employees and agents, from any and all losses, injuries, liabilities, damages, fines, penalties, costs and expenses including reasonable attorneys’ fees, resulting from claims made by any third party due to or arising out of User’s acts or omissions in connection with the Website, including any claims arising out of User’s use of the Website, User’s User Content, anything User Submits via the Website, User’s violation of this Agreement or any other policies or rules governing the Website, or User’s violation of any rights of another.
8. MISCELLANEOUS TERMS
General Practices Regarding Use and Storage. While AIHM will use reasonable efforts to back up Website data in compliance with applicable law, AIHM has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by others on the Website. AIHM reserves the right to mark as “inactive” and archive Content that is inactive for an extended period of time. AIHM reserves the right to change these general practices at any time, at its sole discretion. AIHM will retain data as required by applicable laws and regulations, and pursuant to its contractual obligations.
Other Websites. The Website may contain links to other Websites and to Website content on such other Websites. These links are provided for convenience only, and do not imply affiliation with or endorsement by AIHM. AIHM is not responsible for the operation of, or for Website content on, any such other Website, or for the operation of, or for Website content on, any site through which User may have gained access to the Website.
Relationship. Neither AIHM nor its service providers shall be considered an agent or other legal representative of User for any purpose by reason of this Agreement. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between AIHM and User or any other person or entity nor does this Agreement extend rights to any third party. AIHM does not and cannot control the actions of Website users, visitors, or linked third parties.
Copyright. It is AIHM’s policy to respond promptly to claims of intellectual property misuse. Rightsholders who believe that their work has been copied and is accessible on the Website in a way that constitutes copyright infringement, should notify AIHM via [email protected]
General. The terms of this Agreement replace any and all other agreements, understandings, or declarations between the parties, whether written, oral, or otherwise, that were made prior to the date hereof. This Agreement may only be modified in a subsequent writing, signed by both parties. Failure to enforce any of the provisions hereof shall not function as a waiver of any Party’s rights hereunder or at law. The Agreement is governed by and shall be construed in accordance with the law of Thailand. Should any provision of this Agreement be or become illegal, invalid, or unenforceable in any jurisdiction, such shall not affect the validity or enforceability in that jurisdiction of the remainder of the Agreement, nor shall it affect the validity or enforceability in other jurisdictions of that or any other provision of the Agreement.
Law and Jurisdiction. This Agreement is governed by and shall be construed according to the law of Thailand. Any dispute arising out of or relating to this Agreement shall be brought in court in Thailand.
Compliance with Laws. Users will comply with the requirements of all applicable laws, ordinances, regulations, codes and executive orders.
No Assignment. AIHM may assign its rights and delegate its obligations under this Agreement to any of its affiliate(s). User may not transfer User’s rights or delegate User’s obligations to any third party, without AIHM’s prior written consent.