TVB member - General Terms and Conditions
By registering as a TVB member (“our Service”)you agree to be bound by (1) these T&C and (2) our Personal Information Collection Statement, found at http://www.tvb.com/terms/e_tvb_member_pics (for Non-EU registered users) / Privacy Notice, found at http://www.tvb.com/terms/e_tvb_member_eupn (for EU registered users) (collectively “this Agreement”). You declare that you have read and understand all terms and conditions in these T&C.
We reserve the right to amend this Agreement at any time by posting the amended terms on our website www.tvb.com (“our Site”). Except as stated below, all amended terms shall automatically be effective and superseded any previous versions after they are posted on our Site. You agree to review this Agreement periodically to ensure that you are aware of any modifications.
1. Use of our Service
Use of our Service requires compatible devices, Internet access, and periodic updates. The latest version of software, programs and/or applications (collectively “Software”) is recommended and may be required to access our Service for certain features. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our Service and updating the Software. You acknowledged and agree that use of our Service is entirely at your own risk
2. TVB Member ID, password and security
A. When you register as a TVB Member, your TVB member ID and password will become your unified user login credentials for all applications and online services provided by us or our group companies (“TVB Group”), and will replace all your existing ones (unless otherwise specified). You agree that we are entitled to apply your TVB member ID and password as your user login credentials for all your future logins and use of TVB Group applications and online services without prior notice.
B. You agree to keep your TVB member ID and password secure and confidential and not to allow anyone else to use your TVB member ID or password to access our Service or any TVB Group applications or online services or to do anything which would assist or allow anyone who is not a TVB member to gain access to our Service or any TVB Group applications or online services; nor to create TVB member ID for others without their permission; nor to create additional TVB member IDs for the purpose of abusing the functionality of our Service or other users’ accounts, nor to seek to pass yourself off as another user; nor to do anything that jeopardize the security of your TVB member ID.
C. If you have reason to believe that someone has unauthorized use of your password or TVB member ID or has committed any other breach of security, please report to us at firstname.lastname@example.org immediately for our immediate suspension of your membership or to take other appropriate actions. You agree that you will be responsible to us and to others for all activities that occur under your TVB member ID. We will not be liable for any loss or damage arising from your failure to comply with the terms herein stated or from any third party’s act without your authorization.
D. You are not allowed to sell, transfer, license or assign your TVB member ID or any of your rights as a user or under your membership to any party.
3. Site Content
A. By registering as a TVB Member, you will be able to access and post messages on forums hosted on our Site. Please note: All contents (including but not limited to text, pictures, video clips, graphics) on our Site (collectively “Content”) are provided to you AS IS and AS AVAILABLE, without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. You may access Content for your information and personal, non-commercial use solely as permitted under these TOS. We and the respective contributors of Content reserve all rights not expressly granted in and to our Service and the Content.
B. You understand that when accessing forums on our Site, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our Service.
C. This Section 3 will survive the termination or expiry of this Agreement and/or your use of our Service.
4. Member Conduct
A. You agree:
(1) to abide by all applicable laws, this Agreement and any other operating and/or usage rules applicable to our Service, Site and the Content, as amended from time to time; and
(2) to use our Site, our Service and/or the Content in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Service by any third party.
B. You agree not to:
(1) post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(2) impersonate any person;
(3) post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(4) post, email or otherwise transmit any material that contains software viruses 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;
(5) reproduce, duplicate, copy, reverse engineering, sell, sub-license, translate, decompile or disassemble, make available, publish or otherwise exploit, any portion of our Service, the Software and/or the Content or any part thereof for any other purpose;
(6) use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of our Service or the Content, and/or the Software;
(7) hack, break into, or attempt to hack or break into our Service or the Content, the Software, and/or any data zones on our server(s) or that of any third party in any manner, or access such parts of our Service and/or the Content and/or Software which you are not authorized to login;
(8) implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
(9) obstruct or interfere with our Service or servers or networks connected to our Service, or restrict or inhibit any person to use our Service;
(10) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Service;
(11) remove any copyright, trademark, or other proprietary rights notices contained in our Service, the Software, the Content and/or our Site; or
(12) use our Service, the Content, the Software and/or our Site for any illegal or immoral purpose.
C. You agree that the information, text, comments and/or otherwise statements posted on our Site by users represents only the views or findings of the relevant user and does not represent our views
D. You further understand and acknowledge that due to the nature of forums on our Site, you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
E. This Section 4 will survive the termination or expiry of this Agreement and/or your use of our Service.
5. Intellectual Property Rights
A. You agree that we own and retain all rights to our Service, our Site and/or the Software and the Content. All trademarks, service marks and logos (the “Marks”) on our Service, our Site and/or the Software are owned by or licensed to us.
B. You acknowledge that our Service, our Site, the Content, the Marks, and/or the Software are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a revocable, non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our Service, our Site, the Content and/or the Software contained therein in compliance with this Agreement.
C. Nothing you do on or in relation to our Service, our Site, the Content, the Software, the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
D. We expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person.
E. This Section 5 will survive the termination or expiry of this Agreement and/or your use of our Service.
6. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on our Site, please immediately report such material (and the specific page on which it is found) to email@example.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement or objectionable material through this process. We will not be liable for your access or viewing of any objectionable or infringing or unlawful material. We reserve all rights to take action against you for your false or bad faith allegation of infringement of any right.
7. Suspension and Termination
A. We may at any time, without notice or liability to you, suspend, limit or terminate your membership or refuse your access to any part or all of our Services, temporarily or permanently, if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of this Agreement, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
B. During suspension of your membership or upon termination of your membership:-
(1) any rights we have in respect of your obligations under this Agreement which are not fulfilled by you shall continue to exist; and
(2) your access to our Site, our Service, Content and Software, TVB Group applications and online services registered by you, and all licenses, rights and privileges granted to you under these T&C shall cease.
8. Our Rights
We may at any time without notice:
(1) expand, reduce and/or modify the whole or any part of our Service or our Site;
(2) deactivate the whole or any part of our Service or our Site to carry out system maintenance, upgrading, testing and/or repairs; and/or
(3) terminate, limit or suspend your membership according to Section 5 above.
9. Third Party Materials
A. Our Service or our Site may contain materials from third parties and/or hyperlinks to third party websites. Your use of third parties’ websites and/or materials linked to our Service may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to these T&C and will prevail over these T&C if there is any inconsistency regarding your use of those web pages and/or applications.
B. We make no representation about, and we do not endorse 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 Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. You expressly relieve us from any and all liability arising from your use or access of any third party website or materials.
C. We have no control over any third party websites linked to our Service or our Site and we are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to our Service or our Site (including without limitation sites linked through advertisements). Some links which appear on our Service or our Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you agree to access those links at your own risk. We are not responsible or liable in any way for any loss or damage of any sort incurred or allege to have incurred, either directly or indirectly, as the result of your reliance, use, dealings of or as the result of the presence of such links and advertisements on our Service or our Site.
10. Disclaimer of Warranties & Limitation of Liabilities
A. We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any failure or delay in accessing our Service or any part thereof (whether due to the reliability and stability of your Internet connection and its speed and bandwidth, or otherwise) and/or the consequences or effects on your mobile network, internet connection, their speed and/or bandwidth that may be caused by our Service.
B. Our Service and all materials delivered to you through our Service are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made by us and without our warranty of any kind whether express or implied, including but not limited to the expressed or implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of our Site, our Service, the Software and/or the Content and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
C. Our Service is provided subject to these T&C and we shall not be liable for the (a) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under our Service; OR (b) your inability to gain access in whole or in part to our Service due to the delay or failure of any communication networks or any party providing such access.
D. To the fullest extent permitted by applicable law, we and the providers of our Site, our Service, the Software and/or the Content disclaim all representations and warranties of all kind, whether expressly or implied, including but not limited to the title, fitness for a particular purpose, merchantability, non-infringement, accuracy or standard of quality of our Site, our Service, the Software and/or the Content, that our Service or your access to or use of our Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that our Service or the software or the device or the server that makes our Service available are free of viruses or bugs, or that the materials provided through our Service are functional, accurate, reliable. We further disclaim any representation or warranty that our Site, our Service, the Software and/or the Content will meet your requirements.
E. To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:
(1) any damage to or loss of data and/or the consequences or effects on your Internet connection, its spend and/or bandwidth, arising from your use of our Site, our Service, the Software and/or any Content;
(2) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether 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 Service;
(3) any claim relating to any part of our Site, our Service Software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
(4) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, our Service, the Software and/or the Content;
(5) any disruption, suspension, delay, failure or discontinuation of our Site, our Service or our Service capacity, the Software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services; and/or
(6) any infringement of intellectual property rights arising from your use of our Site, our Service, the Software, or the Content.
You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney fees) made by a third party, relating to or arising from:
(1) any violation by you of this Agreement;
(2) your use of our Site, our Service, the Software and/or the Content;
(3) the information you provided ;
(4) any and all usage of your membership, whether or not such usage is expressly authorized by you;
(5) in connection with any dealings with you through our Service; and/or
(6) your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees).
12. Force Majeure
We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, strikes, material shortages, riots, fires, flood, storm, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers. Upon the occurrence of a Force Majeure event, we are not obliged to performance of our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.
13. Ability to accept these T&C
A. You affirm that you are either 18 years old or above, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and bound by these T&C.
B. You acknowledge that we have given you a reasonable opportunity to review these T&C and that you have agreed to them
A. We have the sole discretion to interpret and determine these T&C.
A. Nothing in this Agreement, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of this Agreement or the Contracts (Rights of Third Parties) Ordinance (Cap 623) on any persons other than the user and our company and their respective successors and assigns.
B. If any provision of this Agreement becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from the Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
C. The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
D. We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under this Agreement to any person or entity without our prior written consent.
E. All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS), WhatsApp or facsimile transmission; on the day on our Site, or on the third business day following mailing, if mailed to your address last notified to us.
F. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising therefrom shall be exclusively subject to the jurisdiction of the courts of Hong Kong.
G. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
Last Updated: 2018-09-05