now Player Terms and Conditions
The following terms and conditions (“Terms”) apply to your use of the now Player service. These Terms and Conditions apply to all visitors of the now Player service and the http://nowplayer.now.com/overseaslite website (the “Service Website”). By accessing and/or using the now Player service, you agree to be bound by these Terms.
TERMS AND CONDITIONS OF THE NOW PLAYER SERVICE
1. The now Player service
1.1 The now Player service can only be accessed through specific computer operating systems and/or browsers, for details please check the http://nowplayer.now.com/overseaslite/en/support/technical section on the Service Website.
2. Our rights and responsibilities
2.1 "We" and "us" is defined as PCCW Media Limited in relation to the provision of the now Player service under these Terms.
2.2 We may:
(a) deactivate the now Player service at any time without prior notice to carry out system maintenance, upgrading, testing and/or repairs;
(b) limit or suspend access to the now Player service without prior notice if we deem such action as appropriate due to your use of the now Player service or if there is any breach any of these Terms; and
(c) expand, reduce, withdraw and/or modify any part of the now Player service and/or any Content (meaning any content made available or appearing in the now Player service and/or on the Service Website including but not limited to any data, information, images, graphics, video and/or audio content, applications, downloadable files or other multimedia content that can be accessed through or on the now Player service), remove, disable and/or suspend transmission or streaming of the now Player service or Content which we consider in our sole opinion, breaches any applicable law, regulation or regulatory directive or to be otherwise unacceptable.
3. Your responsibilities
(a) have to be aged 18 or above to access or use the now Player service and/or Content;
(b) are only authorized to use the now Player service and view the Content for your own personal and non-commercial use in accordance with these Terms;
(c) must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Content;
(d) agree that the now Player service and Content are only for your private domestic viewing and access, and you, nor any other person you permit, be allowed to, show, play, use, access or view the now Player service and/or Content for any public or commercial purposes unless with our prior written consent;
(e) without limiting sub-clause 3.1(d), shall not charge for use or access to the now Player service or any Content or for access to any premises where the now Player service or Content are viewed;
(f) will abide to all relevant laws and any operating and/or usage rules, as amended from time to time;
(g) will report any violation of these Terms to our customer service team;
3.2 You agree not to:
(a) restrict or inhibit any other persons from using the now Player service, including, without limitation, by means of "hacking" or defacing any portion of the now Player service and/or the Service Website;
(b) access or use the now Player service, the Service Website, the Content or the Software (as defined in Clause 6.1) for any unlawful purpose or any purpose not expressly authorized by these Terms;
(c) modify, adapt, sub-license, reproduce, distribute, copy, modify, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Service Website, any of the Software and/or any Content;
(d) remove any copyright, trademark, or other proprietary rights notices contained in the now Player service and/or the Content;
(e) copy and/or frame any part of the now Player service or the Content without our prior written authorization;
(f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the now Player service and/or the Content;
(g) collect information of users of the now Player service;
(h) hack, break into, or attempt to hack or break into, in any manner the now Player service, the Software, the Service Website, and/or any data areas on our server(s) or that of any third parties;
(i) incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(j) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the now Player service;
(k) issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the Content; and
(l) interfere with or disrupt the now Player service or servers or networks connected to the now Player service.
3.3 Our authorization for you to access and receive the now Player service and the Content is conditional upon your strict compliance with each of these Terms.
4.1 You acknowledge that:
(a) at all times only one video or channel may be streamed through the now Player service;
(b) we do not exercise any editorial control over certain Content and do not make any claims as to the truth in such Content;
(c) certain channels, programs and other Content on the now Player service are provided by third party providers, not by us. Their availability, and the availability of programs on such channels, are outside our control;
(d) we make no representation, promise, warranty, undertaking or guarantee as to the quality, completeness, usefulness or continuity of any particular Content;
(e) you have not relied upon any information or statement to the effect that any particular Content will be made available to you for the whole or part of the Content;
(f) we can vary, replace or withdraw any channels and programs (whether advertised or not) on the now Player service;
(g) we can change or reduce the number of hours of broadcast of any program on the now Player service.
(h) any Content solely expresses the view of the speaker of the Content, not our views or any entity associated with us;
(i) we disclaim all liability for any of the Content posted on the now Player service;
(j) your use of different web pages of the Service Website or web sites linked to the now Player service may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms and will prevail over These Terms to the extent of any inconsistency;
(k) nothing you do on or in relation to the now Player service and/or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights;
(l) there may be some Content which is not suitable for viewing by minors. You are responsible for verifying the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your login details and password;
(m) parts of the now Player service and the Content may be provided or maintained by third party providers and not by us; in such cases, your correspondence or dealings with any third party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings;
(n) unless explicitly stated otherwise, any new features that augment or enhance the now Player service shall be subject to these Terms;
(o) we may at any time employ and/or install Software in any computer and/or mobile device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any Content from the now Player service in any way or through any media; and
(p) the provision of the now Player service is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the now Player service and the reliability and stability of your internet connection or mobile network which is out of our control. We will not be liable to you or any other third parties (including users of the now Player service (whether authorized or not) for any failure or delay in accessing the now Player service or any part thereof (whether due to the lack of streaming capacity or otherwise) and/or the consequences or effects on your mobile network, internet connection, their speed and/or bandwidth that may be caused by the now Player service.
5. Software Licence
5.1 You may from time to time be requested to download software, applications and/or programs from the now Player service ("Software") and we hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your computer and/or such mobile devices specified by us in accordance with these Terms and any software license which accompanies the Software but not further or otherwise.
5.2 You agree to download and install the Software in the personal computer and/or such mobile devices specified by us, to be used by you for accessing and/or installing the now Player service.
5.3 You acknowledge that we may refuse to provide the now Player service to you in the event you fail to successfully download and install the Software.
6. Links and Advertisements
6.1 We have no control over any third party web sites linked to the now Player service and/or the Service Website; and are not responsible for the content or accuracy of any off-site pages or any other third party web sites linked to the now Player service and/or the Service Website (including, but not limited to,sites linked through advertisements). Some links which appear on the now Player service and/or the Service Website 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 use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the now Player service and/or the Service Website are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links and advertisements on the now Player service and/or the Service Website.
6.2 We may use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the now Player service, Service Website and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the now Player service, Service Website and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
7.1 You agree to indemnify us, our content providers, sub-contractors, licensors and agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
(a) your use of the now Player service, the Content, the Service Website, and/or the Software; and
(b) any breach or non-observance of any of these Terms by you.
7.2 Clause 7.1 shall survive the termination of your agreement with us for the now Player service and/or Content.
8. General Warranties & Liability
8.1 We accept responsibility if you are injured or die as a result of our negligence in the provision of the now Player service. We will not exclude or limit this responsibility.
8.2 We also accept responsibility for loss or damage to your physical property arising from our negligence. We will only pay you up to the Contract Value (which shall mean in relation to any service plan subscribed by you for the Content, the total monetary cost for the fixed term of such plan payable by you to us; or where such plan does not have a fixed term, the total monetary cost paid by you to us for the period from the date the Content was made available to you to the date immediately preceding any incident giving rise to your claim).
8.3 To the fullest extent permitted by law, we and our content providers (and their affiliates) disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the now Player service, the Software and/or any Content, that the now Player service will be uninterrupted or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of any part of the now Player service and/or any Content unless otherwise specifically mentioned in these Terms. We disclaim any representation or warranty that the now Player service will meet your requirements; and/or your access to and use of the now Player service will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
8.4 Except as described in Clause 8.1 and to such extent permissible by law, we will not pay you more than the Contract Value in compensation (even if we have been negligent) for all our liabilities under these Terms for the now Player service, Content, Software and any other goods we supplied or provided.
8.5 We expressly disclaim any liability for:
(a) any damage to or loss of data suffered by you arising from your use of the now Player service, the Software and/or any Content;
(b) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
(c) any claim relating to any part of the now Player service or any Content supplied, provided, sold or made available by or through the now Player service (or any failure or delay to so supply, provide, sell or make available);
(d) any disruption or suspension of the now Player service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
(e) any infringement of intellectual property rights arising from your use of the now Player service, the Software and/or any Content.
8.6 Clauses 8.1 to 8.5 (both inclusive) shall survive the termination of your agreement with us for the now Player service and/or Content.
9. Matters beyond our reasonable control
Sometimes, we may not be able to do what we have agreed because of an event beyond our reasonable control (for example because of fire or flood or severe weather). In these cases, we do not accept responsibility for the delay or failure to provide you with the now Player service and/or your chosen Content in accordance with these Terms. We can end your access to the now Player service and/or access or subscription to such Content immediately if such event lasts for a continuous period of no less than 30 days.
10.1 For serious misuse described in Clauses 3 and 12, we may suspend your access to the now Player service immediately. Otherwise, if you breach these Terms, we will normally give you an opportunity to ameliorate within 15 days after we inform you of such breach before we suspend or end your subscription to the Content and/or access to the now Player service. However, if you do not do so, we may suspend or end your subscription to the Content and/or access to the now Player service.
10.2 We may also suspend or restrict your access to the Content and/or the now Player service if you breach any other contract you have with us or any of the PCCW group companies and do not ameliorate within the time mentioned in such other contract. If we suspend your access to the Content and/or the now Player service; or end your access to the now Player service to the Content, we will explain the amelioration procedure before we can restore the now Player service and/or Content.
11. Our other rights to suspend/end your access to the now Player service and/or Content
11.1 We can limit, suspend, end or restrict your access to the now Player service, or any Content by giving you at least 15 days’ advance notice (to the extent that it is reasonably practicable to do so) if:
(a) the law requires us to do so;
(b) there is an emergency that affects our ability to provide the now Player service or Content;
(c) uou breach any of these Terms;
(d) the now Player service or any relevant Content is withdrawn from distribution through the now Player service for whatever reason;
(e) we no longer hold the right to distribute the now Player service or Content;
(f) we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease transmission of the now Player service and/or Content; or
(g) the now Player service or Content, including any advertising therein, fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.
12. Unauthorized access
12.1 Unauthorized access to the now Player service and/or any Content is a breach of these Terms and a violation of the law. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the now Player service, the Content or the Service Website except those automated means for which we have given prior written approval.
13. Changing the terms
13.1 Sometimes, we will need to unilaterally change the terms and conditions of the now Player service. We will publish details of all changes online at the Service Website.
13.2 We will also let you know about a change to these Terms that we believe is likely to cause you material disadvantage at least 30 days before it happens.
13.3 For changes we need to make to meet legal and regulatory requirements, we may not be able to meet the timescale specified in clause 13.2. We will let you know about these changes as soon as practically possible.
14. Other things we need to tell you
14.1 You accept that the agreement between you and us for the now Player service and the Content is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
14.2 We can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.
14.3 The notice or communication sent by us shall be treated as received by you: (a) 3 days after posting, if sent by letter; (b) at the time of delivery, if delivered in person; (c) immediately upon faxing if sent by fax and the transmission report indicates that the fax transmission was successful; or (d) immediately upon sending the email, if sent by email.
14.4 These Terms are governed by the relevant local laws and you agree to submit to the exclusive jurisdiction of the relevant local courts.
14.5 If any term or condition herein is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted from these Terms.
14.6 The English version of these Terms shall prevail over their Chinese version (if any).