使用條款
Please read the following terms and conditions ("T & C"/"this Agreement") carefully before accessing and using any materials contained on https://www.tvb.com ("our Site") and/or other media platforms and/or applications (collectively "the Service" ) which are derived in whole or in part by Television Broadcasts Limited (“TVB”) and/or any member companies within the TVB Group (collectively "We" or "Us"). By (a) registering as our member; (b) registering as a user or use of the Service; or (c) accessing the Service, you agree to be bound by the T & C.
We reserve our right to modify any part of this Agreement at any time by posting the modified version on our Site. Unless as stated below, all modifications shall automatically be effective upon posting on our Site. You agree to review this Agreement regularly to ensure that you are aware of any modifications.
- Your Obligations
You may only access the Service via a device owned by or controlled by you for your non-commercial and private viewing purpose, provided that you shall keep intact all copyright and other proprietary notices and act in accordance with our timely instruction.
Unless with our prior written permission, you agree not to
use the service/information provided in the Service for any illegal purpose or in any manner inconsistent with the T & C; or
use or access the Service on any device that you do not own or control; or
preload the Service in any device and promote, sell, circulate or distribute such device in the market; or
reproduce, duplicate, copy, reverse engineer, sell, resell or otherwise exploit, any portion of the Service or use it for any other purpose; or
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 the Service for any other purpose.
You agree to use the Service in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service 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 the Service.
- Privacy Data Collection
We will apply and comply with the prevailing requirements of relevant laws and regulations, including the laws and principles of the Personal Data (Privacy) Ordinance (Cap 486) ("the Ordinance") of the Laws of Hong Kong Special Administrative Region of China ("Hong Kong"), when processing your personal information. We may also collect your personal information subject to our Privacy Policy. Please refer to the terms and conditions of our Privacy Policy as set out on https://corporate.tvb.com/html/privacy.html. We reserve the right to amend our Privacy Policy at any time and post the modified version on our Site. Your use of the Service following the posting of such change to the Privacy Policy will constitute your acceptance of any such changes.
You represent that all personal information provided by you are accurate and updated. You can correct factual errors in your personal information by sending us a request that credibly shows error by email to [email protected]. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to making corrections. Your personal information will be maintained securely in our system. Only authorized staff will be permitted to access such personal information.
We collect and hold your personal information including:
Names
Gender
identity cards/passport numbers and copy
Email address
Address
Telephone numbers
Mobile numbers
and other data necessary for the provision of our services on a voluntary, open and fair basis. You may refuse to provide us any of the above personal information, but any incomplete information provided will prevent us from providing to you qualitative services, or may even render partial or complete cessation of our services to you.
Your personal information may be used by us and/or any member companies within the TVB Group for internal demographic studies, for the provision of better tailored news and promotion information to you, or for the verification of your identity when you participate in our games.
If you access or use any data or information supplied by Hong Kong Exchanges and Clearing Limited ("HKEX"), your personal information may be disclosed to HKEX upon their requests from time to time.
Your personal information may also be disclosed to banks and/or third-party service providers when you make online payment of the relevant fees for accessing or using certain part of the Service.
You have to supply the necessary information in respect of you and your use of the Service in order to enable us:
to comply with the applicable laws and to report to the relevant government departments,
to evaluate whether you have already fulfilled, are fulfilling and will continue to fulfill your obligations according to the T & C.
All the personal information you supplied to us are true, accurate and complete and up to date. Failure to comply with the above requirements will render immediate termination of your user account and your use of the Service.
You can correct factual error in your personal information by emailing us at [email protected] a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to making corrections.
You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to us via the Internet may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g. credit card information) is encrypted.
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 the Service.
You understand that by using the Service, you consent and agree to our collection and use of the Internet Protocol ("IP") address information and other related information for geo filtering purpose.
- Intellectual Property Rights & License
The Service is 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 the Service 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.
Software Applications & programmes from the Service ("Software")
We hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your personal computer or viewing device for your accessing of the Service in accordance with the terms in this Agreement and any software license of the Software but not further or otherwise.
Copyright
You agree that we own and retain all rights to the Service, our Site, the Content, and you acknowledge that the Service, our Site, the Content are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive limited license to use the Service, our Site, the Content in compliance with the terms of this Agreement.
"Content" in the T& C shall mean any content including but not limited to any still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other material or goods that may be accessed through or on the Service or our Site.
Nothing you do on or in relation to the Service, our Site, the Content, the materials contained in the Service or our Site, or the Software will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
By submitting any content (save and except your personal information) to us, you have irrevocably assigned to us all of your copyright and interest in such content, and that you have agreed to grant to us the right to use and to distribute such content for whatever purposes without your consent or payment of any fee to you. You are solely responsible for any content posted by you. While we do not and cannot review any content posted by you, we reserve our right to delete, remove or edit your content that it, in our sole discretion, is defamatory, obscene, abusive, infringes any intellectual property rights, or otherwise unacceptable.
This clause 3 will survive the termination or expiry of this Agreement and/or your use of the Service.
- Disclaimer of Warranties & Limitation of Liabilities
All materials in the Service are provided "AS IS" and on an "AS 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 implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You agree that your use of the Service, the Software and/or the Content and/or contents obtained through your use of the foregoing are obtained at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
The Service is provided subject to the T & C and we shall not be liable for the (i) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under the Service; OR (ii) your inability to gain access in whole or in part to the Service 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 the Service will be uninterrupted or error free, that defects will be corrected, or that the Service 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 the Service.
We make no representation that materials in the Service are appropriate or available for use outside Hong Kong. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
To the fullest extent permitted by applicable law, we and the providers of the 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 the Service, the Software and/or the Content, that the Service or your access to the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure. We further disclaim any representation or warranty that the Service, the Software and/or the Content will meet your requirements.
You agree that certain content or service that is accessible through one viewing device may not be accessible through other viewing devices for various reasons (such as limitations or restrictions from third party), and we are not liable for such inaccessibility.
To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of the Service, whether authorized or not) for the following:
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 the Service, the Software and/or any Content;
any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any incidental or consequential damages, whether of an economic nature or not;
any claim relating to any part of our Site, the Service and/or Software or Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available)
any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, the Service, the Software and/or the Content;
any disruption, suspension, delay, failure or discontinuation of the Service or the service capacity (including but not limited to streaming capacity allocated by us for the Service), the Software and/or Content or any part thereof which is attributable to (a) an event or circumstance beyond our reasonable control; (b) our system maintenance, upgrading, testing and/or repairs, (c) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (d) any other third party's software or services; or
any infringement of intellectual property rights arising from your use of our Site, the Service, the Software, or the Content.
This clause 4 will survive the termination or expiry of this Agreement and/or your use of the Service.
- Indemnification
You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney's fees) made by a third party, relating to or arising from:
any violation by you of this Agreement;
your use of our Site, the Service, the Content and/or the Software;
the contents or information you provided ;
any and all usage of your user account, whether or not such usage is expressly authorized by you;
in connection with any dealings with you through the Service;
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); and/or
the personal information submitted by you.
This clause 5 will survive the termination or expiration of this Agreement and/or your use of the Service.
- Your Use of the Service
You shall abide by all applicable laws, the T & C and any other operating and/or usage rules applicable to the Service and the content, as amended from time to time. You agree that any person who uses the Service and the Content registered under your name (whether or not approved by you) shall be deemed to be your use of the Service and the Content.
You shall use the Service within Hong Kong.
You agree:
that the Service and the Content are for your private viewing and not to allow or enable the Service and the Content to be broadcast, exhibited, used, accessed or made available to any person in any place (including but not limited to public and commercial settings) or for any commercial use. In particular, when using the data or information supplied by the HKEX, you shall not use such information to establish, maintain or provide, or to assist in establishing, maintaining or providing an "off market". "Off market" means a trading floor or dealing service where trading in (a) securities listed on HKEX or of a type capable of being so listed, or (b) any other securities relating to the securities described in (a) is being undertaken otherwise than at or through HKEX.
not to and not to allow any person collect money or other consideration for the use or access of the Service and/or its content under any circumstances.
to be responsible for any costs you incur to access the Service and Internet connection.
to abide by all relevant laws of Hong Kong and any operating and/or usage rules, as amended from time to time.
that unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement.
Your browsing or use of different web pages and/or applications linked to the 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 this Agreement and will prevail over this Agreement if there is any inconsistency regarding your browsing or use of those web pages and/or applications.
You are not allowed and you shall not permit any party to:
download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Service or the Content or display the Service or the Content or cause the Service or the Content to be displayed in public or re-direct any Service or the Content in any way or through any media or frame any part of the Service or the Content, whether by actual commitment or procurement or by any means (including without limitation Internet) without our prior written consent;
use the Service, the Software, the Content and/or our Site or any illegal purpose or for any use not explicitly provided under this Agreement;
modify, adapt, digitalize, encode, reformat, compress, decipher, retrieve, interfere or in any way or manner control the signal of the Service or the Content, including the output signal of a device;
sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, the Software and/or the Content or any part thereof;
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 the Service or the Content, and/or the Software;
hack, break into, or attempt to hack or break into the 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 the Service or the Content which you are not authorized to login;
implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
obstruct or interfere with the Service or servers or networks connected to the Service, or restrict or inhibit any person to use the Service;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any contents transmitted through the Service;
remove any copyright, trademark, or other proprietary rights notices contained in the Service, the Software, the Content and/or our Site;
permit any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors;
collect information of other users of the Service;
download or make use of any of the Service, Software, Content, applications or other materials: (a) in any device and promote, sell, circulate or distribute such device in the market, or (b) for any commercial purpose or usage, or (c) for purposes other than private viewing on your personal, authorized device.
You should not use any device or apparatus which may be harmful to our network or third party's equipment. In which case, you shall immediate cease the connection of such device or apparatus.
When you use the Service with your network bandwidth service, your network bandwidth may be reduced. As your use of the Service will consume Internet connection and incur network data transmission fees, please beware of your network consumption and the network data transmission fees being charged by your network service provider. Please contact your network service provider for any queries.
Your installation and use of the Service will occupy certain storage capacity of your device. Therefore, please maintain sufficient storage capacity in your device at all times.
You shall have fair usage of the Service. If we discover your usage of the Service exceeds normal usage level, we may suspend your use of the Service until your usage level becomes normal without notification or liability to you. When the Service is resumed, we shall not extend the Service period to compensate for the suspension.
- Termination
If the T & C are not accepted or performed in full by you, your access to and use of the Service will be terminated immediately.
We have the right to issue you notice in the following cases for immediate termination, restriction or suspension, in whole or in part, of the Service you are using or accessing
there is any suspected or actual breach by you of any term of the T & C; or
we cease to have the right to provide the Service; or
we are required under the relevant laws or regulations to cease providing you with the Service; or
any contingencies which disable us to provide the Service.
Other than the aforesaid situations, we may terminate, suspend or restrict your use of the Service for other reasons by giving you not less than 15 days prior notice.
Any Fees, rebates, interest on any security deposit or any payment paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by this Agreement or with our written consent), including any Fees paid in advance for the term during which you terminate. Termination of your account will not relieve you of any obligation to pay any accrued fees or charges.
Upon termination of your account, all access to the Service, licenses, rights and privileges granted to you under this Agreement shall cease. Any termination of this Agreement shall not affect any of our accrued rights and interest nor shall it affect the coming into force or the continuance in force of any provision contained in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
- Our Rights
We may at any time without notice:
expand, reduce and/or modify the whole or any part of the Service or any Content;
deactivate the whole or any part of the Service to carry out system maintenance, upgrading, testing and/or repairs;
limit or suspend your access to the whole or any part of the Service if we believe that such action is appropriate due to your improper use of the Service or breach of any term of this Agreement;
at any time employ and/or install Software in your personal computer or other personal viewing devices for the purposes of detecting any downloading, copying, storing, distribution, sharing or re-direction of any Content from the Service in any way or through any media and/or for your access to the Service from time to time; and/or
refuse to provide the Service to you if you fail to successfully download and install the Software; or
- Third parties' contents, links and advertisements
The Service or our Site may contain materials from third parties and/or hyperlinks to third party websites, and part of the service and/or content of the Service and/or our Site may be supplied or supported by third parties. We make no representation about, 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 the Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks.
We have no control over any third party websites linked to the 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 the Service or our Site (including without limitation sites linked through advertisements). Some links which appear on the 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.
Any of your correspondence or dealings with any third party through the Service or the sites or mobile applications are solely correspondences and transactions between you and such third party, and any of your participation in the promotions of advertisers on any third party websites are solely between you and such third party. 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 (including payment, supply of goods /services, relevant terms and conditions, warranties, declarations, etc.,) or arising from the use of our services and those linked sites or applications. 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 the Service or our Site.
- 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 further 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.
- General
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 this Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
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.
All notices and other communications hereunder to us shall be in writing or by email to [email protected] and shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by email (receipt confirmed) during our normal business hours, on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
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 the Site; on the third business day following mailing, if mailed to your address last notified to us.
- Interpretation and Modification
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 the Service. Your use of the Service following the posting of any changes to the T & C will constitute your acceptance of such changes.
If there is any conflict between the T & C and rules and specific terms of use appearing on the Service relating to specific material then the latter shall prevail.
The T & C 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.
If there is any inconsistency or conflict between the English and Chinese versions, the Chinese version prevails.
