Terms and Conditions
Welcome to the U-Book Educations’ website (www.ubookeducations.com), a website owned and operated by U-Book Educations Company Limited.
These Terms of Use constitute a legally binding agreement between you and U-Book Educations. Please read these Terms of Use, the terms and conditions posted through U Book Educations website.
The terms and conditions stated below, along with the policies and guidelines located throughout the U Book Educations (collectively herein the “Terms of Use”) identify what a user of the U Book Educations Services (“you” or “your” or “User” or “Users”) can expect from U-Book Educations Company Limited, its parent, subsidiaries, and affiliates, and/or persons who provide products or services to U-Book Educations customers either directly or through the U-Book Educations Services (“U-Book Educations Providers”) and what U-Book Educations in turn expects from Users. By visiting any U-Book Educations Service, creating an account, making a purchase via the U-Book Educations Services, downloading a U-Book Educations application, joining any U-Book Educations online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to U-Book Educations user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the www.ubookeducations.com Site or any other U-Book Educations Service immediately.
These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows (“Digital Content”).
1. LICENSES AND RESTRICTIONS
1.1 Licenses. U-Book Educations grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with U-Book Educations documented in a separate agreement) of the U-Book Educations Services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. U-Book Educations further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the U-Book Educations Services so long as the link does not portray U-Book Educations, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
(a) modify, download (other than page caching), reproduce, copy, or resell the U-Book Educations Services, the Content or any portion or derivative thereof;
(b) commercially use the U-Book Educations Services, the Content or any portion derivative thereof (unless User has a business relationship with U-Book Educations , in which case such commercial use will be governed by the terms applicable to such business relationship);
(c) copy or download any User’s account or profile information for the benefit of any third party;
(d) enable high volume, automated, electronic processes that apply to the U-Book Educations Services or its systems, the Content or any portion or derivative thereof;
(e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the U-Book Educations Services or its systems, the Content or any portion or derivative thereof for any purpose;
(f) interfere or attempt to interfere with the proper working of the U-Book Educations Services;
(g) bypass any measures used by U-Book Educations to prevent or restrict access to any portion of the U-Book Educations Services, the Content or any portion or derivative thereof;
(h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of U-Book Educations ;
(i) use U-Book Educations ’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
(j) compile, repackage, disseminate or otherwise use data extracted from the U-Book Educations Services.
The foregoing are expressly prohibited and the right to do any of the foregoing shall require U-Book Educations ’s express written consent (which may include a written agreement signed by an authorized representative of U-Book Educations ). Any unauthorized use of the U-Book Educations Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by U-Book Educations .
2. TRADEMARKS
U-Book Educations , or its parent, subsidiaries, or affiliates, or third parties from whom U-Book Educations has permission, own the trademarks or service marks that are used on the U-Book Educations Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of U-Book Educations and its licensors may not be used without prior written consent of U-Book Educations or its licensor, as the case may be. Without limiting the foregoing, no U-Book Educations trademark or trade dress may be used in connection with any product or service that is not U-Book Educations ’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits U-Book Educations .
3. CONTENT
3.1 Proprietary Rights. User acknowledges that the U-Book Educations Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the Myanmar copyright laws, and U-Book Educations owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the U-Book Educations Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content. U-Book Educations is a distributor and not a publisher of Content supplied by third parties and Users. U-Book Educations has no editorial control over such Content. U-Book Educations is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of U-Book Educations or any U-Book Educations Provider, unless expressly stated otherwise. Neither U-Book Educations nor any U-Book Educations Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the U-Book Educations Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either U-Book Educations or any U-Book Educations .com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the U-Book Educations Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the U-Book Educations Services.
4. PRICES
4.1 Prices. The price for an item on the U-Book Educations Services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the U-Book Educations Services. If the price for the item on the U-Book Educations Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of U-Book Educations , U-Book Educations may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by U-Book Educations . Any purchases from any third-party sellers on the U-Book Educations Services may be subject to different policies in the event of an incorrectly priced item.
5. RISK OF LOSS
The risk of loss and title for all items purchased via the U-Book Educations Services pass to the User upon delivery of the item to the carrier.
6. PRODUCT DESCRIPTION
The items offered for sale on the U-Book Educations Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. U-Book Educations does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM U-BOOK EDUCATIONS THAT IS NOT AS DESCRIBED IN THE U-BOOK EDUCATIONS SERVICES, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
7. TERMINATION OF USAGE
7.1 Termination Rights. U-Book Educations may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the U-Book Educations Services including any account thereon, without notice, for any reason in U-Book Educations ’s sole discretion, including, without limitation, violation of the Terms of Use, U-Book Educations ’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, U-Book Educations , any U-Book Educations .com Provider or another User.
7.2 Restricted Users. In certain cases, in U-Book Educations ’s sole discretion, U-Book Educations may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the U-Book Educations Services has been terminated, including the right to use, access or create any account thereon; (ii) that U-Book Educations refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
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8. INDEMNITY
User agrees to indemnify, defend and hold U-Book Educations (and its affiliates, employees, contractors, agents, suppliers and partners) and each U-Book Educations Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User’s use of the U-Book Educations Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. U-Book Educations reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify U-Book Educations , and User agrees to cooperate with U-Book Educations ’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the U-Book Educations Services.
9. PASSWORD AND ACCOUNT SECURITY
9.1 Account Password. Every User that has an account for the U-Book Educations Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her U-Book Educations account using an old e-mail address, such User will not receive messages from U-Book Educations about his or her orders and inquiries or other matters.
9.2 Account Security. User accepts full responsibility for all activities that occur within such User’s U-Book Educations account or within the U-Book Educations Services interactive community, whether or not authorized by the User.
10. INTERACTIVE COMMUNITY
10.1 Interactive Community Users. The U-Book Educations Services offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 10, Interactive Community, applies to the activities of persons who are using the interactive features within the U-Book Educations Services (“Interactive Community Users”). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.
10.2 Interactive Community Services. Interactive Community features may be used only for lawful purposes in accordance with these Terms of Use. If you are using any U-Book Educations Services Interactive Community features, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community features, please choose carefully the information that you post and/or provide to other Users (“User Created Content”). User is prohibited from posting on or transmitting through the U-Book Educations Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. U-Book Educations reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community features at any time, for any or no reason, with or without prior notice or explanation, and without liability.
10.3 Right to Remove Profile or Terminate Access. U-Book Educations reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.
10.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the “Flag” feature on the page in question.
10.5 User Created Content.
(a) Notwithstanding the foregoing, U-Book Educations assumes no responsibility for ongoing monitoring of the U-Book Educations Services or for removal or editing of any User Created Content, even after receiving notice. U-Book Educations assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.
(b) You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or not otherwise from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of the U-Book Educations Services; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the U-Book Educations Services, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the U-Book Educations Services or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the U-Book Educations Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
(c) Interactive Community Users may upload to or otherwise submit to U-Book Educations for distribution on the U-Book Educations Services only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for U-Book Educations to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” U-Book Educations is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. U-Book Educations assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
(d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, U-Book Educations , the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to U-Book Educations retains any and all rights which may exist in such User Created Content.
11. NOTICES
User consents to electronic communications with U-Book Educations , whether addressed to the e-mail address associated with such User’s U-Book Educations account or posted on the U-Book Educations Services. User acknowledges and agrees that any communication via e-mail or by postings on the U-Book Educations Services satisfies any legal requirement that such communications be made in writing.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 DISCLAIMER OF WARRANTIES.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE U-BOOK EDUCATIONS SERVICES AND ANY U-BOOK EDUCATIONS ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE U-BOOK EDUCATIONS SERVICES OR ANY U-BOOK EDUCATIONS ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE U-BOOK EDUCATIONS SERVICES, ANY U-BOOK EDUCATIONS ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
(b) U-BOOK EDUCATIONS IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY, USER CREATED CONTENT POSTED ON THE U-BOOK EDUCATIONS SERVICES OR THROUGH THE U-BOOK EDUCATIONS SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF U-BOOK EDUCATIONS . PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE U-BOOK EDUCATIONS SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. U-BOOK EDUCATIONS IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY U-BOOK EDUCATIONS . INCLUSION OF ANY LINKED WEBSITE ON THE U-BOOK EDUCATIONS SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY U-BOOK EDUCATIONS . WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. U-BOOK EDUCATIONS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE U-BOOK EDUCATIONS SERVICES.
(c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE U-BOOK EDUCATIONS SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE U-BOOK EDUCATIONS SERVICES.
12.2 LIMITATION OF LIABILITY.
(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE U-BOOK EDUCATIONS SERVICES OR ANY U-BOOK EDUCATIONS ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, U-BOOK EDUCATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE U-BOOK EDUCATIONS SERVICES OR THE MATERIALS ON THE U-BOOK EDUCATIONS SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE U-BOOK EDUCATIONS SERVICES OR YOUR U-BOOK EDUCATIONS ACCOUNT EXCEED MMK 100,000.
13. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and U-Book Educations regarding User’s relationship with U-Book Educations and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”
