Please read the following Terms and Conditions carefully before accessing and using this website
By using this encoreTVB.com (the “SITE”), you (the “USER”) accept these Terms and Conditions (“T&C”). These T&C constitute a binding agreement (the “Agreement”), governing use of the SITE, between USER and TVB (USA), Inc. (“TVB”). By accessing, reviewing or using the SITE in anyway, USER acknowledges and agrees to be bound by the T&C. Should USER not acknowledge and agree to the T&C, USER must immediately exit this SITE and discontinue its use. Continue use of the SITE signifies USER continued acceptance of these T&C and any changes to them.
If USER is under 18 years of age, USER must review the T&C with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to the T&C. Should USER’s parent or legal guardian not acknowledge and agree to the T&C, USER must immediately discontinue its use and exit this SITE.
TVB reserves the right to modify any part of this Agreement at any time by posting the modified version on the SITE. Unless as stated below, all modifications shall automatically be effective upon posting on the SITE. USER agrees to review this Agreement regularly to ensure that USER is aware of any modifications.
A. USER Obligations and Restrictions
- USER agrees (a) not to use the service/information provided in the SITE for any illegal purpose or in any manner inconsistent with the T&C, (b) not to use the SITE on any device that USER does not own or control, (c) not to preload the SITE in any device and promote, sell, circulate or distribute such device in the market, (d) not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the SITE, use of the SITE, or access to the SITE, (e) not to 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, program contents and video clips, code and software) from the SITE for any other purpose whatsoever without the prior written permission of TVB, (f) not to attempt to extract the source code of the SITE, and (g) not to translate the SITE into other languages or make derivative versions.
- USER agrees to use the SITE in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the SITE by any third party. Such restriction or inhibition includes: distributing any 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 flow of dialogue and/or interactive mode via the SITE.
- USER must not use the SITE in any way that causes, or may cause, damage to the SITE or impairment of the availability or accessibility of the SITE; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- USER must not use the SITE to copy, store, host, transmit, send, use, publish or distribute any material including but not limited to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. And USER must not conduct any systematic or automated data collection activities including but not limited to scraping, data mining, data extraction and data harvesting.
- USER must only access the SITE via a device owned by or controlled by USER for USER’s non-commercial and private viewing purpose, provided that USER shall keep intact all copyright and other proprietary notices and act in accordance with our timely instruction.
- USER acknowledges that:- (i) the information provided in SITE is for information purpose only and is not intended for trading purposes; (ii) none of the information and service contained in the SITE constitutes an offer, opinion, recommendation by TVB regarding any use, including investment; (iii) the information and services provided by the SITE are for personal use only and not intended for distribution to any person or entity; (iv) USER has or will make USER’s own assessment as to its suitability when USER makes use of the information provided in the SITE (and USER is qualified to make such assessment or have received suitable independent advice). (v) the provision of certain information or services is subject to the terms and conditions of other agreements to which TVB is a party; and (vi) TVB does not guarantee the sequence, accuracy, completeness, or timeliness of the information contained in the SITE.
- USER agrees 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 TVB is not liable for such inaccessibility.
B. Intellectual Property Rights and License
- Our SITE is derived in whole or in part from materials supplied by TVB 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 SITE are owned or controlled by TVB or their respective licensors.
- The Trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the SITE are registered and unregistered Trademarks of TVB and other third parties. Nothing contained on the SITE should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the SITE without the written permission of TVB or such third party that may own the Trademarks display on the SITE. USER misuse of the Trademarks displayed on the SITE, or any other content on the SITE, except as provided in these T&C, is strictly prohibited.
3.Software Applications & programs from the SITE (“Software”) – TVB hereby grant to USER a non-exclusive and non-transferable license for USER to store, run and use the Software on USER’s personal computer or viewing device for accessing of the SITE in accordance with the terms in this T&C and any software license of the Software but not further or otherwise.
- Copyright – USER agrees that TVB own and retain all rights to our SITE, the Content, and you acknowledge that the SITE, the Content are protected by copyright, trademark laws, and other Intellectual property right laws, and USER further agrees that USER is being granted with a non-exclusive limited license to use the SITE, the Content in compliance with the terms of this T&C. “Content” in this 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 SITE. Nothing USER does on or in relation to the SITE, the Content, the materials contained in the SITE, or the Software will transfer any intellectual property rights to USER or license USER to exercise any intellectual property rights unless expressly stated by TVB.
- When USER submits any Content to this SITE or to TVB via this SITE, USER has irrevocably assigned to TVB all of USER’s copyright and interest in such Content, and that USER has agreed to grant to TVB the worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such Content for whatever purposes in any existing or future media without USER’s consent or payment of any fee to USER. USER also grants to TVB the right to sub-license these rights, and the right to bring an action for infringement of these rights. USER is solely responsible for any Content posted to the SITE by USER. TVB reserves the right in TVB’s sole discretion to delete, remove or edit any of USER’s Content submitted to this SITE, or stored on TVB’s servers, or hosted or published upon this SITE.
- This Clause B. Intellectual Property Rights and License will survive the termination or expiry of this Agreement and/or the use of this SITE by USER.
C. Disclaimer of Warranties and Limitation of Liabilities
- ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND ON AN “IS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE BY US 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. USER AGREES THAT USER’S USE OF THE SITE, THE SOFTWARE AND/OR THE CONTENTS OBTAINED THROUGH USER’S USE OF THE FOREGOING ARE OBTAINED AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.
- All services of the SITE are subject to the T&C and TVB 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 of the SITE; OR (ii) USER’s inability to gain access in whole or in part to our services due to the delay or failure of any communication networks or any party providing such access.
- TVB make no representation that materials on the SITE are appropriate or available for use outside United States. Those who choose to access the SITE from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
- In no event will TVB or their respective licensors be liable for any damages, whether direct or 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 USER’s use, or the omissions or conducts of any party in connection with or related to USER’s use of the SITE.
- TVB do not warrant that the functions or material contained in the SITE 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.
- To the fullest extent permitted by applicable law, TVB and the providers of the SITE and its services, 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 SITE, the software and/or the content, that the Site or your access to the SITE 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 SITE, the software and/or the content will meet USER’s requirements.
- To the fullest extent permitted by applicable law, TVB is not liable to USER 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 USER’s Internet connection, its spend and/or bandwidth, arising from USER’s use of the SITE, 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 the Site, and/or software or content supplied, provided, sold or made available by or through the SITE (or any failure or delay to so supply, provide, sell or make available)
- any injury, disease, seizure or loss of consciousness suffered by USER, arising whether directly or indirectly from accessing and using the SITE, the software and/or the content;
- any disruption, suspension, delay, failure or discontinuation of the SITE or the service capacity (including but not limited to streaming capacity allocated by us for the SITE), 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 USER’s 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 USER’s use of the SITE, the software, or the content.
- TVB make no representation about any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or Facebook service) that USER may access through, or are linked to or embedded in the SITE. 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 SITE, including but not limited to advertisements or services provided or licensed by third parties and will not bear any legal responsibility for any acts of intellectual property and litigation arising from publication of any material by USER via the SITE. Any transaction or USER dealings with any third parties via the SITE or linked sites or applications including payment, delivery of the goods and services, the provisions, guarantee, warranties, terms and conditions etc. related to these transactions or dealings are solely between USER 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 SITE and those linked sites or applications.
- The SITE may provide hyperlinks to third party websites/mobile applications but TVB shall not be responsible for the contents of these other websites/mobile applications. The links provided to USER are for convenience only. TVB shall not be liable of any damages or injury resulting from USER’s access to, any of the said other websites/mobile applications, or from USER’s reliance on any information provided in the content of such other websites/mobile applications.
- No advice or information, whether oral or written, obtained by USER from TVB or through the provision of services of the SITE shall create any warranty not expressly stated in the T&C.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TVB’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO TVB DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
- This Clause C – Disclaimer of Warranties and Limitation of Liabilities will survive the termination or expiry of this Agreement and/or USER’s use of the SITE.
D. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
You and TVB agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and TVB hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and TVB relating to these Terms or the Offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TVB will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or TVB from seeking action by federal, state, or local government agencies. You and TVB also have the right to bring qualifying claims in small claims court. In addition, you and TVB retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor TVB may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TVB’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with TVB.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TVB WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
E. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
TVB responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent: Legal Department – TVB (USA), Inc.
15411 Blackburn Ave, Norwalk CA 90650
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in [Los Angeles, California], and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After TVB receives your counter-notification, TVB will forward it to the party who submitted the original claim of copyright infringement. Please note that when TVB forwards the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. TVB will not forward the counter-notification to any party other than the original claimant.
After TVB sends out the counter-notification, the claimant must then notify TVB within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If TVB receives such notification it will be unable to restore the material. If TVB does not receive such notification, it may reinstate the material.
G. TVB’s Rights
USER acknowledges and agrees TVB has the following rights:
- Expand, reduce and/or modify the whole or any part of the SITE or any content of the SITE.
- Deactivate the whole or any part of the SITE to carry out system maintenance, upgrading, testing and/or repairs.
- Limit or suspend USER’s access to the whole or part of the SITE if we believe that such action is appropriate due to USER’s improper use of the SITE or breach of any T&C of this Agreement.
- USER agrees to indemnify, defend and hold TVB and its parent, affiliates, and their respective directors, officers, owners, employees, agents, information providers and licensors (collectively the “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, damages, costs and expenses (including attorneys’ fees) arising out of or incurred by: (a) any breach by USER of this T&C, (b) USER’s use of the SITE, the service, content and the software of the SITE, (c) the contents or information USER provided, (d) in connection with any dealings with USER through the SITE, (e) the personal information submitted by USER, and (f) USER’s violation of any rights of another, and under which such third party demands from USER any compensation, fees or damages including attorney fees.
- This Clause D – Indemnification will survive the termination or expiration of this Agreement and/or USER’s use of the SITE.
I. Breaches of T&C by USER
Without prejudice to TVB other rights under the T&C, if USER breaches any of the T&C in any way, TVB may take such action as TVB deem appropriate to deal with the breach, including suspending USER’s access to the SITE, prohibiting USER from accessing the SITE, blocking computers using USER’s IP address from accessing the SITE, contacting USER’s internet service provider to request that they block USER’s access to the SITE and/or bringing court proceedings against USER.
- TVB may, in its sole discretion, terminate USER access to the SITE, or removes and discard any communication or contents transmitted by USER or information stored, sent, or received via the SITE without prior notice and for any reason, including, but not limited to: (i) any breach of the T&C in any way, (ii) the T&C is not accepted or performed in full by USER, (iii) any other access or use of the SITE except as expressly provided in this T&C, (iv) tampering with or alternation of any of the software and/or data files contained in or accessed through the SITE.
- USER may also terminate this Agreement at any time by immediately discontinuing USER’s use and exist the SITE.
- Upon termination, all access to the SITE, licenses, rights and privileges granted to USER 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 the Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
- TVB 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 without notifying USER or obtaining USER’s consent.
- USER may not assign, transfer, convey or otherwise dispose of any of USER’s rights, obligations and/or liabilities under this Agreement to any person or entity without our prior written consent.
L. No Waiver
Failure of TVB at any time to enforce any provision of this Agreement or to require performance by USER or any third parties of any provision hereof shall in no way affect the validity of the T&C 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 USER or such other third parties.
If any part of the T&C shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from the T&C and shall not affect the validity and enforceability of any of the remaining provisions of the T&C.
N. Interpretation and Modification of T&C
- TVB has the sole discretion to interpret and determine the T&C.
- TVB has the right to modify the T&C posted without prior notice. Please keep USER updated by regularly viewing the SITE. USER’s use of the SITE following the posting of any changes to the T&C will constitute USER acceptance of such changes.
O. Governing Law
The T&C or the Agreement shall be governed by and construed in accordance with the laws of California. User and TVB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
P. Contact Us
USER may contact TVB by using email address listed on the “Contact US” of the SITE.