tvb.com

 
 
   
tvb.com
 
五月 01

Please read these terms and conditions carefully before using TVB fun App (“Licensed Application”). By registering as a member of the Licensed Application and using the Licensed Application, you are indicating that you agree to the following terms and conditions and enter this Agreement with Television Broadcasts Limited (“TVB”). If you do not agree to these terms and conditions, please do not apply for the Licensed Application.

1. The Licensed Application is derived in whole or in part from materials supplied by TVB and/or other sources, is protected by copyright laws, trademark laws and other relevant intellectual property laws. All rights including copyright, in the content of the Licensed Application are owned or controlled by TVB, its subsidiary companies or affiliates or their respective licensors. The term “Application” shall refer to and consist of the following: (i) the mobile software application accompanying this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in the foregoing subsection (i); and (iii) any specific website the Application directs you to via any browser located on a Smartphone, iPhone or portable device now known or later developed (“Device”).

2. All services of the Licensed Application are subject to these terms and conditions and TVB assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any services of the Licensed Application. TVB shall not be liable for any failure of any services of the Licensed Application in whole or in part for your inability to gain access in whole or in part to such services due to the delay or failure of any communication networks or any party providing such access.

3. Use of the Licensed Application on any Device you own or control constitutes your acceptance of these terms and conditions which take effect at the moment your first register with and use the Licensed Application. TVB reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online via the use of the Licensed Application to obtain timely notice of such changes. Your continued use of the Licensed Application after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes.

4. You may be required to complete in our registration or application forms (on-line or otherwise) before certain services of the Licensed Application become available to you. In filling in those forms, you undertake to: (a) provide true, accurate, current and complete personal information about yourself; (b) provide true, accurate, current and complete information about any contents you posted or provided by you during the use of the Licensed Application; and (c) update the information in the foregoing subsections (a) and (b) as required. TVB may suspend or terminate your account or refuse access by you to the Licensed Application without notice if we suspect any information or any contents provided you is not true, accurate, current and complete.

5. You may also be required to give an unique user name and password combination in order to access and use the Licensed Application, and you can choose your own user name and/or password (or we may assign an initial password which we will give you the option to change). Your user name and/or password (no matter assigned by us or chosen by yourself) are personal to you and you may not allow others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, or any services, features or functions of the Licensed Application if we believe that there is a question about the identity of the person trying to access the user’s account or any services, features or functions.

6. You are not permitted to (a) use the Licensed Application on any Device that you do not own or control; (b) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Licensed Application, use of the Licensed Application, or access to the Licensed Application; or (c) 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 from the Licensed Application including code and software for any other purpose whatsoever without the prior written permission of TVB. You may only download the material from the Licensed Application, if allowed by us explicitly, on any Device you own or control 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 TVB’s timely instructions.

7. You agree to use the Licensed Application only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Licensed Application by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue and/or interactive mode via the Licensed Application.

8. You agree that we may collect and use technical data and related information, including but not limited to UUID, technical information about your 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 Licensed Application.

9. Privacy Policy: You represent that you shall comply with the terms and conditions of our Privacy Policy, which sets forth and describes our practices with respect to the collection, use and disclose of Information in connection with your use of the Licensed Application. TVB reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. TVB will post any changes to its Privacy Policy online and your use of the Licensed Application following the posting of such change to the Privacy Policy will constitute your acceptance of any such changes.

10. Disclaimer: The materials on the Licensed Application 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 expressly understand and agree that your use of the Licensed Application is at your own risk. TVB disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Licensed Application and you assume total responsibility for your use of the Licensed Application and any linked sites. Any contents downloaded or otherwise obtained through the use of the Licensed Application are obtained at your own discretion and risk and that you will be solely responsible for any damage to your Device or loss of data that results from the download of such contents. No advice or information, whether oral or written, obtained by you from TVB or through the provision of services of the Licensed Application shall create any warranty not expressly stated in these terms and conditions.

11. In no event will TVB or its subsidiary companies or affiliates or their respective licensors be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, loss of data or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Licensed Application. TVB does not warrant that the functions or material contained on the Licensed Application will be uninterrupted or error free, that defects will be corrected, or that the Licensed Application 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.

12. The names, images and logos identifying TVB or its subsidiary companies or affiliates, or third parties and their products and services are proprietary marks of TVB and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any trade mark or patent of TVB or any other third party.

13. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with the use of the Licensed Application without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

14. TVB makes no representation about any software, materials, applications, media platforms, devices or services of third parties (such as our advertisers, sponsors or promotional partners) that you may access through, or are linked to or embedded in the Licensed Application. TVB has no control over and accepts no liability for the content or accuracy of any other software, materials, applications, media platforms, devices or services linked to or embedded in the Licensed Application, including but not limited to advertisements or services provided or licensed by third parties. TVB does not endorse any third party’s software, materials, applications, medial platforms, devices or services and you agree to use any third party’s software, materials, applications, media platforms, devices or services at your own risk. Any transaction or your dealings with any third parties via the Licensed Application or linked sites or applications are solely between you and such third parties. TVB will 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 the Licensed Application and those linked sites or applications.

15. TVB makes no representation that materials on the Licensed Application are appropriate or available for use outside Hong Kong SAR. Those who choose to access Licensed Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

16. You agree to indemnify and hold harmless TVB, TVB’s subsidiary companies, affiliates and their respective licensors, directors, officers, employees and agents from and against all liabilities, actions, claims, proceedings, damages, costs and expenses arising out of or related to (a) your breach or non-observance of any term of this Agreement; (b) your use of the Licensed Application; (c) the contents or information you provided during the use of the Licensed Application or personally identifiable information you submit, post to or transmit through the Licensed Application.

17. If there is any conflict between these terms and conditions and rules and/or specific terms of use appearing on the Licensed Application relating to specific material then the latter shall prevail.

18. This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by immediately discontinuing your use of the Licensed Application and destroying all materials obtained from it. If these terms and conditions are not accepted or performed in full, the use of the Licensed Application must be terminated immediately.

19. If any part of these terms and conditions shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.

20. Failure of TVB at any time to enforce any provision of these Terms and Conditions or to require performance by you or any third parties of any provision hereof shall in no way affect the validity of these Terms and Conditions or any part hereof or the right of TVB thereafter to enforce its rights hereunder; 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.

21. These terms and conditions 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.

22. If you require any further information on permitted use, or a license to republish any material, please email us at tvbfun@tvb.com.hk.

23. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

24. Apple Inc. is not the sponsor of any lucky draw or prize giving activity.


Participation & Prize Collection Notice

1. All participants must answer correctly in order to enter any lucky draw or prize giving activity, or to collect any prize, unless otherwise specified.

2. Unless otherwise specified, participants must be TVB fun App member, and each participant could only enroll once for each lucky draw or prize giving activity or voting.

3. All staff and artistes of Television Broadcasts Limited (“TVB”) or its group companies and their family members, and staff of the related sponsors and their family members are not eligible to participate in any lucky draw or prize giving activity.

4. The participants list is based on information provided by technical support companies, which shall be final and conclusive.

5. Unless otherwise specified, lucky draw or prize giving activity is open for holders of Hong Kong ID Card only. Prize winners can only collect the prize in Hong Kong SAR (“Hong Kong”).

6. Any participants under 18 must obtain his or her parent’s or guardian’s consent in order to participate any lucky draw or prize giving activity, and such participant under 18 must obtain his or her parent’s or guardian’s written consent and identification proof when collecting the prize, failure of which will render such participant disqualified.

7. TVB will contact the prize winners based on the information provided by the prize winners in order to arrange their collection of the prizes or prize redemption letters provided by sponsors. If any information provided by prize winners is inaccurate or insufficient, or if TVB cannot contact the prize winners or verify the winner’s identity within two (2) weeks after the announcement or within any specified period, such prize winners will be deemed disqualified.

8. All participants’ personal data or contact information will be used for the purposes of participation, promotion, production and/or broadcasting of any programme, or inclusion in any event materials, or providing to the sponsors of the relevant programmes, event or prizes or for contacting the participants.

9. Prize winners will be notified to collect their prizes within two (2) weeks after the announcement. Those who have not received any notification during such period will be deemed as failed.

10. All prizes’ value are referred in accordance with their retail price or fixed price announced by the sponsors. Participants shall not dispute over the value of the prizes.

11. Prizes’ winners are required to comply with the prize redemption methods, redemption conditions and the redemption deadline as set out by sponsors in the prize redemption letters. Prize winners’ right to redeem their prizes may be considered invalid if the redemption period expires or if the redemption conditions are not complied with. All prize winners should contact directly the sponsors visit their websites for details or queries.

12. All prizes, their photographs, graphics and description are provided by sponsors. Sponsors are responsible for the quality and quantity of the prizes. No representation or endorsement in relation to the prizes or their quality is made or will be made by TVB and/or its group companies.

13. TVB and its group companies shall not be liable or responsible for any loss or damage incurred by any person as a result of the participants’ joining any game or activity; prize winners shall not make any claims or demands against TVB and /or its group companies. Under all circumstances, winners shall not make any claims or demands against TVB for any failure of delivery of the prizes by sponsors or any other prize related issue.

14. If the prize concerned is tangible goods, winner should be responsible for the payment and arrangement of all customs clearance, taxes, and handling fees, overseas postal and insurance, etc.
15. All prizes received by winners, unless otherwise specified, shall only be applicable in accordance with Hong Kong standards and specifications.

16. Unless otherwise specified, all prizes are required to be collected at TVB City, Tseung Kwan O, Kowloon, Hong Kong. No postal or money transfer service will be arranged by TVB.

17. If winners are not able to collect the prizes or cash prizes within the time and place designated by TVB, winners will be deemed to have given up their prizes and their right to collect them.

18. All prizes could not be exchanged in cash or in kind.

19. TVB and its group companies shall have the absolute final determination on any dispute related to the winners’ prizes.

20. TVB and its group shall have the sole and absolute discretion to interpret and determine the rules of all games and activities and this terms and conditions. Any decision made by TVB shall be final and binding.

21. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

22. Apple Inc. is not the sponsor of any lucky draw or prize giving activity.

Tagged with:
  • Page 1 of 2
  • 1
  • 2
  • >