Please read the following terms and conditions (“T & C”) carefully before accessing and using of any materials contained on http://www.tvb.com and/or other media platforms and/or applications which are derived in whole or in part by TVB.COM Limited, Television Broadcasts Limited or its subsidiaries (“We” or “Us”). By accessing, installing and using our platforms and our applications, you agree to be bound by the following T & C.
- You may only use the material from our platforms and/or applications for your own personal non-commercial and private use, provided that you keep intact all copyright and other proprietary notices and act in accordance with our timely instruction.
- You agree not to (a) use the service/information provided in our platforms and/or applications for any illegal purpose or in any manner inconsistent with the T & C; or (b) use our platforms and/or applications on any device that you do not own or control; or (c) preload our platforms and/or applications in any device and promote, sell, circulate or distribute such device in the market; or (d) reproduce, duplicate, copy, sell, resell or otherwise exploit, any portion of our platforms and/or applications; or (e) modify, copy, reproduce, republish, upload, post, distribute, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way any material (including any information, programme contents and video clips, code and software) from our platforms and/or applications for any other purpose without our prior written permission.
- You agree to use our platforms and/or applications in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our platforms and/or applications by any third party. Such restriction or inhibition includes: any disturbing, threatening, violent, immoral, pornographic and defamatory statement, engaging in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or disruption of normal follow of dialogue and/or interactive mode via our platforms and/or applications.
- Privacy Data Collection
- You agree that we may collect and use technical data and related information including UUID, technical information about your computer, device, system and application software that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) to you related to our platforms and/or applications.
- Intellectual Property Rights
- Our platforms and/or applications are derived in whole or in part from materials supplied by us and/or other licensed sources, and are protected by all relevant intellectual property laws (including copyright and trade mark laws). All rights in the content of our platforms and/or applications are owned or controlled by us or respective licensors.
- Our names, images, logos and those of third parties and their products and services are our proprietary marks and such third parties respectively.
- Disclaimer and Warranty
- The materials on our platforms and/or applications are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You agree that your use of our platforms and/or applications and any contents obtained through their use are obtained at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
- All services of our platforms and/or applications are subject to the T & C and we shall not be liable for the (i) the timeliness, deletion, mis-delivery, errors, interruptions in the transmission or failure of the provision of any services of our platforms and/or applications; OR (ii) your inability to gain access in whole or in part to our services due to the delay or failure of any communication networks or any party providing such access.
- We do not warrant that the functions or material contained in our platforms and/or applications will be uninterrupted or error free, that defects will be corrected, or that our platforms and/or applications or the software or the device or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
- In no event shall we be liable for any damages, whether direct or indirect, or consequential damages, whether in action of contract, negligence, or other tortuous action, arising out of or in connection with your use or omissions, or conducts of any party in connection with or related to your use of our platforms and/or applications.
- We make no representation about and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in our platforms and/or applications. Any transaction or your dealings with any third parties via the linked sites or applications embedded in our platforms and/or applications including payment and delivery of the goods or services and the provisions, guarantee or statement related to these transactions or dealings are solely between you and such third parties. We shall not be liable or responsible for any loss or damage whatsoever and howsoever incurred as a result of any such transactions or dealings or arising from the use of our platforms and/or applications and those linked sites or applications.
- We make no representation that materials on our platforms and/or applications are appropriate or available for use outside Hong Kong SAR. Those who choose to access our platforms and/or applications from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
You agree to indemnify us and our licensors, their respective directors, officers, employees and agents (“Indemnified Party”) from and against all losses, damages, claims, costs and expenses (including reasonable legal costs) incurred by the Indemnified Party by reason of or related to (a) your breach or non-observance of any provision in the T & C; (b) your use of our platforms and/or applications; (c) the contents or information you provided when using our platforms and/or applications; (d) in connection with any dealings with you through our platforms and/or applications; and (e) any personal information you submit.
- If the T & C are not accepted or performed in full, your access to and use of our platforms and/or applications will be terminated immediately.
- You may also terminate the T & C at any time by immediately discontinuing your use of our platforms and/or applications.
Our failure at any time to enforce any provision of the T & C or to require performance by you or any third parties of any provision hereof shall not affect the validity of the T & C or our enforcement rights thereafter; nor shall it be taken to constitute a waiver of that default or any other or subsequent default or breach by you or such other third parties.
If any part of the T & C shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from the T & C and shall not affect the validity and enforceability of any of the remaining provisions of the T & C.
- Interpretation and Modification of T & C
- We have the sole discretion to interpret and determine the T & C.
- We have the right to modify the T & C posted without prior notice. Please keep yourself updated by regularly viewing our platforms and/or applications. Your use of our platforms and/or applications following the posting of any changes to the T & C will constitute your acceptance of such changes.
- Governing Law
The T & C shall be governed by and construed in accordance with the laws of Hong Kong SAR. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of Hong Kong SAR.
- If there is any inconsistency or conflict between the English and Chinese versions, the English version prevails.
Please contact us at firstname.lastname@example.org with any questions regarding the T & C.