Welcome to the website of OurTV
Community and Education Service ("OurTV ").
OurTV provides you access
to the ourtv.hk website or any other websites owned or operated by OurTV
(collectively, "Site") and the information and other materials available
on and through the Site, subject to your compliance with the terms and
Your access to and use
of the Site is subject to the following terms and conditions and all applicable
By accessing and browsing our Site, you accept, without limitation or
qualification, these terms and conditions.
If you do not agree to them, please
DO NOT USE THIS SITE.
Your continued use of our Site evidences your agreement
contract between you and OurTV.
OurTV respects the privacy concerns of our
website users and future viewers.
For information concerning the collection and
i. You agree to:
true, accurate, current and complete information about yourself as prompted by
the Site's registration form (such information being the "Registration
and promptly update the Registration Data to keep it true, accurate, current
If you provide any information that is untrue, inaccurate, not
current or incomplete, or OurTV has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, OurTV has the
right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof), in addition to any other
remedies available to OurTV.
ii. You will create a password and account designation
upon completing the Service's registration process.
You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account.
notify OurTV of any unauthorized use of your password or account or any other
breach of security; and
that you exit from your account at the end of each session.
OurTV will not be
responsible or liable for any loss or damage arising from or in connection with
your failure to comply with this requirement.
2. OurTV’s Intellectual Property Rights and
i All text, graphics, multimedia content
or other material that you see or read on this website and all related code
(the "Materials"), excepted for Submitted Materials (as defined
below), is owned or being used with permission by OurTV, and may not be used
You may download one copy of the
Materials on any single computer for your personal, noncommercial use, provided
you keep intact any copyright and other proprietary notices on the Materials
and do not modify the Materials in any way.
You may not modify, reuse, re-post,
or use the Materials for public or commercial purposes, without OurTV’s written
Without limiting the forgoing, you agree not to use the Materials
for any other use or purpose.
You further agree that you will not, and will not
attempt to, copy or distribute the Materials, in whole or in part, to any other
party unless specifically permitted by OurTV or otherwise violate the single
computer, non-commercial, non-transferable, non-exclusive, limited license,
revocable at OurTV discretion, granted hereunder.
3. Copyright and Trademarks
i. The Materials embodied in the Site are
copyrighted under Hong Kong copyright laws and/or similar laws of other
Without limitation, OurTV owns a copyright in (or is licensed by
another third party to exercise intellectual property rights on its behalf) the
Materials including, without limitation, the selection, coordination,
arrangement and enhancement thereof, as well as in the content original to OurTV.
ii. Moral and all intellectual property rights in
marks including the words “OurTV Community and Education Service” and logos
relating to the same that may appear on the Site ("Marks") belong to OurTV.
All other trademarks, service marks and logos used on this Site, with or
without attribution, are the trademarks, service marks or logos of their
Without OurTV’s written permission, you agree not to display
or use, in any manner, the Marks.
In addition, elements of the Site are
protected by trade dress and other federal and state intellectual property laws
and may not be copied, reproduced, downloaded or distributed in any way, in
whole or in part, without the written permission of OurTV.
4. Links and Other Sites
i. This Site may contain links to pages on
other sites, and those sites may offer products, services or other resources.
Because OurTV has no control over such sites and resources, you acknowledge and
agree that OurTV has no responsibility for the accuracy of information provided
by or availability via other sites.
Links to external sites do not constitute
an endorsement by OurTV of the sponsors of such sites or the content, products,
advertising or other materials presented on those sites.
OurTV does not author,
edit or monitor these pages or links.
You further acknowledge and agree that OurTV
is not responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on these other sites or
ii. OurTV hereby grants you a non-exclusive, limited
license, revocable at OurTV 's discretion, for you to link to OurTV home page
from any site you own or control that is not commercially competitive to OurTV
and does not criticize or otherwise injure OurTV, so long as the site where the
link resides, and all other locations to which such site links, comply with all
applicable laws and do not in any way abuse, defame, stalk, threaten or violate
the rights of privacy, publicity, intellectual property or other legal rights
of others or, in any way, post, publish, distribute, disseminate or facilitate
any inappropriate, infringing, defamatory, profane, indecent, obscene or
illegal/unlawful information, topic, name or other material.
Such a link is not
an endorsement of such other site(s) by OurTV.
All of OurTV’s rights and
remedies are expressly reserved.
5. Infringement Complaints
i. OurTV respects others' intellectual property
rights and has made every effort to secure appropriate clearances for all
proprietary intellectual properties that OurTV directly makes available on the
Site and we ask our users to do the same.
OurTV may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts of
users who it suspects to be infringers.
If you believe any material on the
Site, either posted by OurTV, our users or any other party, is infringing,
please contact OurTV at the address below:
5C, Trust Tower, 68 Johnson Road, Wanchai, Hong Kong
ii. If your notification involves infringement of
copyright or trademark rights, please include the following information in your
of the work(s) claimed to have been infringed and a statement of ownership to
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
reasonably sufficient to permit us to contact you, such as an address,
telephone number and e-mail address at which you may be contacted;
statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent or the
statement, under penalty of perjury, that the information in the notification
is accurate and that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; and
physical or electronic signature.
6. User conduct and submissions
i. Any material that you submit to the Site
including, without limitation, content, information, ideas, comments, blogs,
vlogs, suggestions or other materials ("Submitted Materials") shall
be subject to the applicable terms and conditions set forth herein.
agree that any communication or Submitted Materials you do transmit to us by
electronic mail or otherwise will be treated as non-confidential and
non-proprietary, and you grant to OurTV the rights defined in the applicable
ii. OurTV does not claim ownership of any
communication or material you submit or make available for the Site and you are
entirely responsible for everything you upload, post, email or otherwise make
available on the Site; provided, however, that by uploading, posting, emailing
or otherwise making available any communications or Submitted Material on the
Site, and solely in consideration of the possibility of publicity and
professional credit, you hereby grant to OurTV the non-exclusive, royalty-free
perpetual right to:
display and otherwise distribute your Submitted Materials or any communications
via OurTV's web site (the "Internet Rights");
excerpts of your Submitted Materials via all forms of media throughout the world
in perpetuity solely for promotional purposes ("Promotional Rights");
your Submitted Materials embody any audio, visual or audiovisual material, you
hereby grant to OurTV the non-exclusive, royalty-free perpetual right to
exhibit and otherwise distribute that material via all forms of media
throughout the world in perpetuity ("Media Rights").
iii. You acknowledge that you shall not
be entitled to any monetary compensation in exchange for OurTV exercise of the
Internet Rights, the Promotional Rights or Media Rights.
However, you may
revoke such rights in connection with your Submitted Materials at any time by
written notice to OurTV, following which such rights shall revert to you and OurTV
shall have no further right to exploit such Submitted Materials.
In the event
of such revocation OurTV shall have a commercially reasonable period of time in
which to remove the Submitted Materials from any platform upon which OurTV has
elected to distribute it.
Furthermore, OurTV is free to use any ideas,
concepts, know-how or techniques contained in any communication or Submitted
Material you submit to us for any purpose, at any time, and without any
remuneration or obligation to you.
OurTV shall have no obligation to post,
exhibit, distribute or otherwise make use of any Submitted Materials, and may
edit Submitted Materials before they are posted, exhibited, distributed or
otherwise made use of.
iv. With respect to any and all Submitted Material submitted
by you, you hereby warrant and represent that such Submitted Material:
not unlawful, obscene, fraudulent, indecent; does not defame, abuse, harass, or
threaten others; and is not hateful or racially, ethnically or otherwise
not contain any software viruses, Trojan horses, worms, bombs, 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 or that may damage, detrimentally interfere with, surreptitiously intercept,
or expropriate any system, data, or personal information;
not advocate or encourage any illegal activity;
not infringe the copyright, patent, trademark, trade secret, right of publicity
or other intellectual property, proprietary, contracted, personal or other
right of any third party;
not violate the privacy of individuals, including other users of the Site; or
not violate any applicable local, state, national or international law.
v. You agree not to use bots, spiders or intelligent
agent software (or other methods) for any purpose other than accessing publicly
posted portions of the Site and then only for the purposes consistent with the
vi. You agree not to, or attempt to, circumvent any access
or use restrictions, data encryption or content protection related to the Site;
not to data mine the Site and not to in any way cause harm to or burden the
vii. You agree that you will not post on or
transmit through the Site any advertising or commercial solicitation of any
kind whatsoever, including, without limitation, via e-mail or chat, without OurTV’s
express prior written approval and, if then, solely in accordance with the
terms and conditions imposed by OurTV with respect thereto.
You further agree
not to use the Site, or any element or portion thereof (including, without
limitation, e-mail addresses of users), for any commercial purpose whatsoever.
7. Limitation of Liability
i. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE
UNDER NO CIRCUMSTANCES WILL OurTV, ITS PARENT, AFFILIATES OR SUBSIDIARIES,
THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR
SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE
RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO
THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE,
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR
ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE,
EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
ii. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE
AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE.
You irrevocably agree to
indemnify and hold OurTV and the Released Parties harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party, arising
out of or in connection with, the Submitted Materials you submit, post to or
transmit to the Site, your use of the Site, your connection to the Site, your
You agree to be
responsible for obtaining and maintaining all telephone, computer hardware and
other equipment needed for access to and use of the Site, and you shall be
responsible for all charges related thereto.
10. Distribution limitations and territorial restrictions
i. The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject OurTV to any registration requirement within
such jurisdiction or country.
ii. This Site is controlled and operated by OurTV from
its offices within the Hong Kong Special Administrative Region of the People’s
Republic of China (“Hong Kong”).
and, except as specifically provided herein, OurTV
makes no representation that materials in the Site are appropriate or available
for use in other locations.
Those who choose to access this Site from other
locations do so on their own initiative and risk and are responsible for
compliance with local laws regarding online conduct and acceptable content, if
and to the extent local laws are applicable.
11. Choice of law and forum selection
Except as specifically
provided otherwise herein:
between you and OurTV shall be governed by, construed and enforced in
accordance with the laws of Hong Kong, as it is applied to agreements entered
into and to be performed entirely within Hong Kong.
ii. You agree that any legal lawsuit or other action
brought by OurTV, you or any third party to enforce this agreement, or in
connection with any matters related to this Site, shall be subject to the
non-exclusive jurisdiction of the Hong Kong courts.
iii. You irrevocably agree that any and
all disputes, claims and causes of action you may have in connection with or
related to OurTV or their site will be resolved individually, without resort to
any form of class action.
If any provision of these
reason unenforceable, then that provision shall be deemed severable from the
remainder, which will remain in force; the parties agree that the court should
endeavor to give the fullest possible effect to the parties' intentions as
reflected in the provision and shall not affect the validity and enforceability
of any remaining provisions.
Any delay or failure on
which it may be entitled shall not, in any event, be construed as a waiver of
the right and privilege to do so at any subsequent time.
You irrevocably agree
that you waive any and all rights to injunctive or other equitable relief.
Modification and Termination
i. OurTV reserves the exclusive right to
modify, withdraw, suspend or discontinue, temporarily or permanently, at any
time and from time to time any materials, information or content available on
the Site and any functionality or features in or on the Site, including the
cessation of all activities associated with the Site, with or without notice.
You agree that OurTV shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site.
ii. OurTV may, in its sole discretion, terminate your
use of the Site for any reason, including, without limitation, if OurTV
believes that you have:
the intellectual property right of a third party;
any information that OurTV is unable to verify or authenticate;
or transmitted unauthorized Submitted Materials to the Site; and/or
agree that any termination of your access to the Site may be effected without
prior notice to you.
iii. OurTV reserves the right to change
modified except in writing, as posted on this Site by OurTV.
Any change or
modification made by OurTV will be effective immediately upon posting on the
Site and your continued use of the Site means that you have agreed to accept
any changes or modifications made by OurTV.
You should therefore periodically
Last Revised: 1 November 2009.