1.
INTRODUCTION
Please read these terms and
conditions (“Terms Of Use”) carefully before using this application (“App”). By
accessing and using this App, you expressly agree to comply with these Terms Of
Use. If you do not agree with any of the below Terms Of Use, do not use this
App. This App is controlled and operated by Turner Broadcasting System Asia
Pacific, Inc. at 23rd Floor, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong
("Turner" “we” or “us”). Our phone number is +852 3128 3333. Turner
reserves the right, in its sole discretion, to modify, alter or otherwise
update these Terms Of Use at any time. Any changes to these Terms of Use will
become effective immediately after their publication on the App We encourage
you to review these Terms of Use regularly so that you are familiar with their
scope and any changes that may have been made. By using this App after we have
published such modifications, alterations or updates, you agree to be bound by
the revised terms. Turner retains the right to deny access to anyone who we
believe has violated any of these Terms Of Use.
By downloading and using this App,
you confirm that you are at least 18 years of age (or have reached the age of
majority if that is not 18 years of age where you live) or that you have
reviewed these Terms Of Use with your parent or legal guardian and he or she
agrees to these Terms Of Use on your behalf and takes full responsibility for
your compliance with them. You agree that you (and your parent or guardian) are
fully able and competent to enter into and comply with these Terms of Use.
Supplemental terms and conditions
may apply to some of the services we provide and will be disclosed to you in
connection with the particular services. Those supplemental terms and conditions
will be in addition to, not in lieu of, these Terms Of Use, but in the event of
any conflict between those supplemental terms and these Terms Of Use, those
supplemental terms will prevail to the extent of the conflict.
2.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All material on this App,
including, but not limited to text, images, illustrations, audio clips, video
clips, games and software (“Materials”), is protected by copyrights,
trademarks, and other intellectual property rights which are owned and
controlled by Turner or by other parties that have licensed their material to
Turner. Materials on this App Turner are solely provided for your personal,
non-commercial use. Such Materials may not be copied, reproduced, republished,
uploaded, posted, transmitted, distributed, decompiled, reverse engineered, or
used in any manner, except as expressly permitted by these Terms of Use.
3.
LINKS
This App may contain links to
other sites ("Linked Sites"). The Linked Sites are for your
convenience only, and you access them at your own risk. Turner is not
responsible for the content of the Linked Sites, whether or not Turner is
affiliated with sponsors of the sites. Turner does not in any way endorse the
Linked Sites.
4.
ACCOUNTS
As part of the services we
provide, you may be able to register for an account (“Account”) and to access
the services on this App through your Account. You agree to provide true,
accurate, current and complete information about yourself as prompted by our
registration processes. You shall not impersonate any person or entity or
misrepresent your identity, including using another person’s username, password
or other account information. You are responsible for all hardware, software,
service and other costs you incur to access your Account. Accounts are
available only to individual, natural persons who are adults or, in the
discretion of such an adult, his or her minor child.
You shall not share your Account with anyone or allow anyone else other than
you personally to access or use your Account. You are responsible and liable
for all activities conducted through your Account, regardless of who conducts
those activities. If you are a parent or guardian, you may permit your child to
use the Account instead of you, provided that parents and guardians are liable
for the activities of their child.
Upon registration for an Account,
you must create a password (“Password”). You shall not disclose your Password
to any third party or allow anyone to use your Password to access the services
or your Account. You are responsible for maintaining the confidentiality of
your Password and for any damage or harm resulting from your disclosure or
allowing the disclosure of your Password or from use by any person of your
Password to gain access to your Account. We shall not be liable for any
financial or emotional damage or distress you may suffer (and/or subsequent
loss or damage to your Account or Account attributes) as a result of the
disclosure of your Password to a third party.
5.
SUBMISSIONS
a. End User Content
The App may afford you and other end users the means to upload and communicate
information, including without limitation, messages, notes, comments, opinions,
ideas, photos, drawings, images, videos, profiles, artwork, audiovisual works,
musical compositions (including lyrics), sound recordings or other materials
(collectively, “End User Content”). As to End User Content, you agree that you
are responsible for your End User Content, that you have the right to post any
End User Content that you submit through the App, and that any End User Content
you communicate or cause to be communicated shall not: (i) infringe the
intellectual property, privacy or other rights of any third party; (ii) violate
any law, rule or regulation; (iii) be defamatory, indecent, obscene,
pornographic, abusive or threatening; (iv) advocate illegal activity; (v)
advertise or otherwise solicit funds or is a solicitation for goods or
services; (vi) or contain any viruses, trojan horses, disabling code, worms, or
other computer programming or routines that are intended to, or which in fact,
damage, detrimentally interfere with, monitor, intercept, or expropriate any
Materials , data, information, packets, or personal information You agree that
we may review, edit and delete any End User Content for any reason, including,
in our sole judgment, that the End User Content violates these Terms of Use.
Further, you acknowledge and agree that we may take any action we deem
appropriate as to any End User Content communicated by you, if we believe, in
our sole discretion, that it may expose us to liability, or damage our
relationship with any of our suppliers, licensors or other users of the App.
You own your End User Content (except for any Materials and derivatives of
Materials incorporated into End User Content). As to all End User Content, you
hereby grant to us, our licensees, distributors, agents, representatives and
other authorized users, a perpetual, worldwide, irrevocable, assignable,
fully-paid, royalty-free licence, fully sub-licensable, to exercise all
intellectual property rights, in and to all or any part of your End User
Content, and exploit the End User Content by any means, including by creating
derivative works of End User Content or for purposes of advertising and
promotion, in any medium now known or hereafter developed. For the avoidance of
doubt, when you or any other person authorised by you submits material, you
agree that Turner has the right to publish or otherwise use the material or any
of its elements for any type of use, including promotional and advertising
purposes. You agree that you are not entitled to any payment, credit, notice
attribution, or other compensation or consideration for any uses of End User
Content by Turner. If we facilitate the creation of materials through features
or activities on our Apps or through our services (including our “game creator”
games, mash-ups, activities, competitions, promotions, forums, etc.) that
require the use of our Materials, in whole or in part, we hereby grant to you a
non-exclusive licence to create a derivative work using our Materials, but only
for the purpose of creating your materials as part of your enjoyment of the
services and always in accordance with these Terms Of Use, and you agree that
Turner is the owner of such Materials and derivative works. If such rights in
derivative works are not assignable to us, then your license to create
derivative works using our Materials shall be null and void. You agree to the
foregoing whether or not your materials are used by us in any manner.
Turner may review, edit, reject, refuse to post and/or delete any End User
Content that in the sole judgment of Turner violates these Terms of Use or
which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of any person. You understand that Turner has the right at
all times to disclose any information (including the identity of the persons
providing information or materials on this App) as necessary to satisfy any
law, regulation or valid governmental request. This may include, without
limitation, disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in response to
a lawful court order or subpoena. In addition, we can (and you hereby expressly
authorize us to) disclose any information about you to law enforcement or other
government officials, as we, in our sole discretion, believe necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes or other actions, especially those that may involve personal injury or
the safety of any person.
b. Unsolicited Submissions
Turner does not accept or consider unsolicited submissions of any kind. Any
such unsolicited submissions are either discarded or deleted or returned to the
sender, in our discretion, without being reviewed (or reviewed solely to the
extent necessary to determine that the materials are an unsolicited
submission). Therefore, please do not send any unsolicited submissions to us.
From time to time, areas on the App may expressly request submissions of
concepts, stories, artwork, audiovisual works or other potential content from
you (“Invited Submissions”). Where this is the case, please carefully read any
specific rules or other terms and conditions which appear elsewhere on the Apps
to govern those Invited Submissions, as they will affect your legal rights. If
no such additional terms and conditions are presented, then these Terms Of Use
will apply in full to any Invited Submissions you make and Invited Submissions
shall be treated as “End User Content.”
In any event, any material, including Invited Submissions, you send to us will
not be treated as confidential, and you agree that such materials shall not be
subject to any obligation of confidence on the part of Turner, that no
confidential or fiduciary relationship is intended or created between you and
us in any way, that you have no expectation of review, compensation or
consideration of any type, and that Turner shall not be liable for any use or
disclosure of any such material.
c. Competitions and Other
Promotional Activities
We may provide terms and conditions relating
to the conduct of certain promotional activities on the App including contests and competitions conducted by us, on
our own or in conjunction with third parties. These Terms are incorporated by
reference to the specific promotion rules or terms and conditions, which may
appear in connection with information on the App about the relevant promotional activity. To the extent
that any conflict exists between these Terms and the specific rules for a
promotional activity, the rules for the promotional activity in which you
choose to participate shall govern that promotion but shall not otherwise
modify these Terms.
6.
PRIVACY
Any personal information you
provide to us when you use our services will be processed in accordance with
our Privacy Policy.
7.
COPYRIGHT
Turner respects the rights of all
copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact Turner.
If we determine that the material cited by you constitutes a copyright
infringement, we will remove, or “take down” the infringing material.
8.
INDEMNIFICATION
You agree, to the fullest extent
permitted by law, to indemnify Turner and its officers, directors, employees,
agents, distributors and affiliates from and against any and all third party
claims, demands, liabilities, costs, or expenses, including reasonable legal
fees, resulting from your breach of these Terms Of Use.
9. DISCLAIMER
OF WARRANTIES AND LIABILITY
The Materials on this App
are provided "as is" and without warranties in relation to the
provision of the App services. Neither Turner, nor its affiliated or related
entities, nor any person involved in the creation, production, and distribution
of this App warrant that the functions contained in the Materials will be
uninterrupted or error-free, that defects will be corrected, or that Turner or
the server that makes them available are free of viruses or other harmful components.
The Materials are provided solely for entertainment and promotional purposes.
Turner does not warrant or make any representations regarding the use or the
results of the use of the Materials on this App in terms of their correctness,
accuracy, reliability, or otherwise.
You expressly agree that except for death and personal injury arising as a
consequence of Turner's negligence, neither Turner, nor its affiliated or
related entities, nor any of their respective employees, or agents, nor any person
or entity involved in the creation, production, and distribution of this App
are responsible or liable to any person or entity whatsoever for any loss or
damage whatsoever resulting from the use of this App. By way of example, and
without limiting the generality of the foregoing, Turner and related persons
and entities shall not be responsible or liable for any claim or damage arising
from failure of performance, error, omission, interruption, deletion, defect,
delay in operation, computer virus, theft, destruction, unauthorised access to
or the reliance upon or use of data, information, opinions or other materials
appearing on this App. You expressly acknowledge and agree that Turner is not
liable or responsible for any defamatory, offensive or illegal conduct of other
subscribers or third parties.
10.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Materials on this App
are presented solely for the purpose of entertainment and promoting programs
and other products available in Singapore, Philippines, Australia and New
Zealand. This App is controlled and operated by Turner from its offices in Hong
Kong.
Unless otherwise
specified, the App is presented solely for the purpose of entertainment and
promoting programmes and other products available in Australia, New Zealand, Philippines,
Singapore, (the "Asia Pacific"). Turner makes no representation that
the App is appropriate or available for use in other locations. The App is
intended for use by residents in the Asia Pacific and those who choose to
access the App from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. The Materials, Content, and all other material and features on the App
are presented for the purpose of providing entertainment, news and/or
information and/or promoting programs, films, music, games, and other products
and/or services that are or may become available in the Asia Pacific. Turner shall
not have any liability to you by reason of any delay or failure to perform any
obligation under these Terms if the delay or failure to perform is occasioned
by force majeure, which shall refer to any act of God, storm, fire, casualty,
unanticipated work stoppage, power outage, satellite failure, strike, lockout,
labor dispute, civil disturbance, riot, war, national emergency, Governmental
action, or other cause beyond its control. These Terms, and any disputes
arising from or in relation to them, are governed by laws applicable in Hong
Kong and you submit to the exclusive jurisdiction of the Hong Kong courts. You
consent to personal jurisdiction and venue in Hong Kong and service of process
by certified mail. If any part of these Terms are held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
these Terms, and the remaining portions shall remain in full force and effect.
In these Terms, the words "include" or "including" shall
not limit what else may be included.
These Terms Of Use were last
updated on 11th October, 2018.