使用條款 Terms and Conditions (TVBAnywhereNA.com)

Terms of Use – Last updated on June 19, 2026

Each capitalized term used in this T&C has the meaning ascribed to such term in the T&C.

Please read the following terms and conditions (“T&C”) carefully before downloading, installing, accessing or using any part of materials contained on any of our following platforms (“our Platforms”), which are derived in whole or in part by TVB (USA) Inc. (“TVB”, “we”, “us”, or “our”):

This T&C, our Privacy Policy, and the provisions of the Registration (including the registration form(s)) constitute a binding agreement between USER (“you”, “your” or “yourself”) and us (“Agreement”) governing your access to and use of our Platforms and those services provided by us via our Platforms.  By (a) installing, downloading, accessing or using any part of our Platforms and/or Service, or (b) registering as an user in our Platforms and/or Service, you declare that you have read this T&C, that you understand it and its terms and conditions, and that you agree to be bound legally by it and its terms and conditions.  If you do not agree to this T&C, you must immediately exit our Platforms and/or Service and discontinue its use.  Continue use of our Platforms and/or Service signifies you continued acceptance of these T&C and any changes to them. 

We reserve our right to modify any part of this T&C at any time by posting the modified version on our Platforms.  Unless as stated below, all modifications shall automatically be effective upon posting on our Platforms and shall supersede any previous versions of this T&C.  You agree to review this T&C on our Platforms regularly to ensure that you aware of any modifications. The current version of the T&C can always be found under the “Terms of Use” button on our Platforms. You can tell if there have been changes to the T&C since your last use of the Service by checking the date at the top of this Terms of Use page.

If you are under 18 years of age, you must review the T&C with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to this T&C.  If your parent or legal guardian does not agree to this T&C, you must immediately discontinue its use and exit our Platforms.

You must exit our Platform and/or Service immediately and discontinue its use if you are currently not residing or not located in Canada and the United States of America.  See Section 2.1 for detail.

  1. Service
    1. The Service is a Video-on-demand (“VOD”) with live streaming channel(s) service, which permits you to access to and/or view digital content (“Content”), including but not limited to programs, still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other materials or goods that can be accessed through or on our Platforms, in compliance with the terms and conditions set forth in this T&C.
  • Requirements for Use of the Service
    • Unless with our prior written permission, the Service is available to you only in Canada and the United States of America.  You agree not to use or attempt to use the Service in other locations.  We may collect your IP address to confirm your geographical location.
    • Use of the Service require compatible devices, internet access, wireless network access and periodic updates (fees imposed by third parties may apply). The latest version of our Platforms is recommended and may be required to access the Service for certain features or transactions. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems or software, and services needed to access the Service. You shall bear any communication or data transmission charges incurred by accessing to the Service and updating the Software through a third party network.
    • You agree that the requirements under this Section 2 may change from time to time and you are responsible to ensure that all these requirements are met before accessing to or using the Service.
  • Registration

3.1     In general, registration is not required for using the Service of our Platforms.  But the access to certain privileges, certain promotional programs such as reward programs, certain contents, and certain features of the Service of our Platforms is restricted to users who have successfully registered through our registration process (“Registered Member”).

  • When you try to access certain privileges, certain contents or certain features of the Service of our Platforms, you will be prompted to enter the pre-registered email address (“user-ID”) and password in order to gain access.  To register as a Registered Member, you must complete the registration process by providing us with current, complete and accurate information as required on the Registration Form.  We will then send a verification email to your email address; if your email address is bounced back or invalid, your registration will be voided. 
    • You agree to maintain and promptly update the information you provided in the registration process to keep us current, complete and accurate.  The information you provided to us on the Registration Form will be treated in accordance with our Privacy Policy.  We may at times undertake checks to ensure the accuracy of the information you have provided to us including contacting you and/or your guardian or parent.
    • We reserve the right not to accept your registration in our sole discretion without specifying reasons.  After the registration process is completed, you will be able to use your user-ID and account password for accessing the certain contents and features.
    • You agree a) to accept responsibility for all activities that occur under your user-ID and password and maintaining the confidentiality of your password, b) In the event that there is suspicious of the use of the User-ID and password by unauthorized persons, you shall notify us in writing immediately, c) not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s user-ID, password or other account information.
    • As a Registered Member, you are consenting to receiving certain communications from us via email communication or via electronic messaging within your account.  These communications may include notices about your account, information related to our Platforms and Service, and other marketing information in accordance with our Privacy Policy.

3.7     You agree that TVB may collect, use, store, and analyze user activity and engagement data in connection with being a Registered Member, including but not limited to viewing history, viewing duration and frequency, content watched, login activities, search and interaction records, device and platform information, IP address and approximate geographic location, account-related information, participation in campaigns or promotional activities, rewards redemption records, and other usage analytics.  Such information may be used for purposes including administering the Registered Members, tracking user engagement and eligibility, personalizing user experience, conducting marketing and promotional activities, improving platform functionality and services, and performing internal analytics and reporting.

3.8    Special Promotional Campaign. You agree that from time to time, we introduce and offer promotional campaigns, such as lucky draws, discounts etc. to you either automatically or requires your further information and acknowledgment. By being a Registered Member, you are automatically entered into the promotional campaign that is detailed in Appendix I. If you do not want to participate, then you do not need to do anything, and you shall not accept our prizes or rewards.

  • USER Obligations and Restrictions
    • You agree (a) not to use the service/information provided in our Platforms for any illegal purpose or in any manner inconsistent with the T&C, (b) not to use our Platforms on any device that you do not own or control, (c) not to preload our Platforms 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 our Platforms, use of our Platforms, or access to our Platforms, (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 our Platforms for any other purpose whatsoever without the prior written permission of us, (f) not to attempt to extract the source code of our Platforms, and (g) not to translate our Platforms into other languages or make derivative versions.
    • You agree to use our Platforms in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Platforms 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 our Platforms.
    • You must not use our Platforms in any way that causes, or may cause, damage to our Platforms or impairment of the availability or accessibility of our Platforms; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    • You must not use our Platforms 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 you must not conduct any systematic or automated data collection activities including but not limited to scraping, data mining, data extraction and data harvesting.
    • You must only access our Platforms via a device owned by or controlled by you for your non-commercial and private viewing purpose, provided that you shall keep intact all copyright and other proprietary notices and act in accordance with our timely instruction.
    • You acknowledge that:- (i) the information provided in our Platforms is for information purpose only and is not intended for trading purposes; (ii) none of the information and service contained in our Platforms constitutes an offer, opinion, recommendation by us regarding any use, including investment; (iii) the information and services provided by our Platforms are for personal use only and not intended for distribution to any person or entity; (iv) You have or will make your own assessment as to its suitability when you make use of the information provided in our Platforms (and you are qualified to make such assessment or have received suitable independent advice). (v) The provisions of certain information or services is subject to the terms and conditions of other agreements to which we are a party; and (vi) We do not guarantee the sequence, accuracy, completeness, or timeliness of the information contained in our Platforms.
    • You agree 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 we are not liable for such inaccessibility.
  • Terms for using SMS Messages

5.1. SMS Consent Communication:  The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

5.2. Types of SMS Communications: If you have consented to receive text messages from TVB, you may receive messages related to the following: 1) Follow-up Messages, 2) Answering users’ inquiry, and 3) Promotions or offers. For example:

“Hello, TVB is now having a lucky draw promotion campaign, visit TVBusa.com for details. Reply STOP to opt out of SMS messaging at any time.”

5.3. Message Frequency: Message frequency may vary depending on the type of communication. You may receive up to 5 SMS messages per week regarding promotions or offers.

5.4. Potential Fees for SMS Messaging: Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5.5. Opt-In Method: You may opt-in to receive SMS messages from TVB in the following ways) Verbally, during a conversation, b) By submitting an online form, c) By filling out a paper form.

5.6. Opt-Out Method: You can opt-out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

5.7. Help Method: For assistance, text “HELP”, email us at www.tvbusa.com or call us at 1-877-893-8888.

5.8. Messaging Disclosures: i) No inappropriate language should be used in any SMS message, ii) TVB SMS messages may have errors and may not be treated as formal verbal or written confirmation, agreement or acknowledgement, iii) No financial transactions should be confirmed or processed using SMS messages, and iv) No illegal contents should be exchanged using SMS messages.

6.     Intellectual Property Rights and License

  • Our Platforms are derived in whole or in part from materials supplied by us and/or other licensed sources and are protected by all relevant intellectual property laws (including copyright and trademark laws). All rights in the content of our Platforms are owned or controlled by us or our respective licensors.
    • The Trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our Platforms are registered and unregistered Trademarks of us and other third parties.  Nothing contained on our Platforms should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on our Platforms without the written permission of us or such third party that may own the Trademarks display on our Platforms.  Your misuse of the Trademarks displayed on our Platforms, or any other content on our Platforms, except as provided in these T&C, is strictly prohibited. 
    • Software Applications & programs from our Platforms (“Software”) – TVB hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your personal computer or viewing device for accessing of our Platforms in accordance with the terms in this T&C and any software license of the Software but not further or otherwise.  We reserve the right to update the Software from time to time in our sole discretion, including but not limited to adding, changing or removing functionalities and features, and changing the user interface or the manner in which you are able to access the Service or the Content.
    • Copyright – you agree that TVB own and retain all rights to our Platforms, the Content, and you acknowledge that our Platforms, the Content are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive limited license to use our Platforms, the Content in compliance with the terms of this T&C. Nothing you do on or in relation to our Platforms, the Content, the materials contained in our Platforms, or the Software will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
    • When you submit any Content to our Platforms or to us via our Platforms, you have irrevocably assigned to TVB all of your copyright and interest in such Content, and that you have agreed to grant to us 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 your consent or payment of any fee to you.  You also grant to TVB the right to sub-license these rights, and the right to bring an action for infringement of these rights.  You are solely responsible for any Content posted to our Platforms by you.  We reserve the right in our sole discretion to delete, remove or edit any of your Content submitted to our Platforms, or stored on our servers, or hosted or published upon our Platforms.
    • This Section 5. Intellectual Property Rights and License will survive the termination or expiry of this Agreement and/or the use of our Platforms by you.

7.     Disclaimer of Warranties and Limitation of Liabilities

7.1   ALL MATERIALS ON our Platforms 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. YOU AGREE THAT YOUR USE OF OUR PLATFORMS, THE SOFTWARE AND/OR THE CONTENTS OBTAINED THROUGH YOUR USE OF THE FOREGOING ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.

  • All services of our Platforms are subject to the T&C and we 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 our Platforms; OR (ii) your 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.
    • We make no representation that materials on our Platforms are appropriate or available for use outside United States. Those who choose to access our Platforms from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent applicable.
    • In no event will we or our 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 your use, or the omissions or conducts of any party in connection with or related to your use of our Platforms.
    • We do not warrant that the functions or material contained in our Platforms 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, we and the providers of our Platforms 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 our Platforms, the Software and/or the Content, that our Platforms or your access to our Platforms 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 our Platforms, the Software and/or the Content will meet your requirements.
    • To the fullest extent permitted by applicable law, we are not liable to you 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 your Internet connection, its spend and/or bandwidth, arising from your use of our Platforms, 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 our Platforms, and/or Software or Content supplied, provided, sold or made available by or through our Platforms (or any failure or delay to so supply, provide, sell or make available);
      • Any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Platforms, the Software and/or the Content;
      • Any disruption, suspension, delay, failure or discontinuation of our Platforms or the service capacity (including but not limited to streaming capacity allocated by us for our Platforms), 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 your 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 your use of our Platforms, the Software, or the Content.
    • We 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 you may access through, or are linked to or embedded in our Platforms.  We have 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 our Platforms, 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 you via our Platforms.  Any transaction or your dealings with any third parties via our Platforms 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 you and such third parties. We 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 our Platforms and those linked sites or applications.
    • Our Platforms may provide hyperlinks to third party websites/mobile applications but we shall not be responsible for the contents of these other websites/mobile applications. The links provided to you are for convenience only. We shall not be liable of any damages or injury resulting from your access to, any of the said other websites/mobile applications, or from your reliance on any information provided in the content of such other websites/mobile applications.
    • No advice or information, whether oral or written, obtained by you from us or through the provision of services of our Platforms shall create any warranty not expressly stated in the T&C.
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR 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 US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
    • This Section 6 – Disclaimer of Warranties and Limitation of Liabilities will survive the termination or expiry of this Agreement and/or your use of our Platforms.

8.    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.

9.     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

email: cs@tvbusa.com

  • 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.

10.     Privacy Policy

  1. You acknowledge and agree that you shall comply with the policies and terms 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 our Platforms.  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 our Platforms following the posting of such change to the Privacy Policy will constitute your acceptance of any such changes.

11.   Our Rights

  1.   You acknowledge and agree TVB has the following rights:
  2. Expand, reduce and/or modify the whole or any part of our Platforms or any content of our Platforms.
  3. Deactivate the whole or any part of our Platforms to carry out system maintenance, upgrading, testing and/or repairs.
  4. Limit or suspend your access to the whole or part of our Platforms if we believe that such action is appropriate due to your improper use of our Platforms or breach of any T&C of this Agreement.

12.   Indemnification

  1. You agree 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 you of this T&C, (b) Your use of our Platforms, the service, content and the software of our Platforms, (c) the contents or information you provided, (d) in connection with any dealings with you through our Platforms, (e) the personal information submitted by you, and (f) Your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages including attorney fees.
    1. This Section 12 – Indemnification will survive the termination or expiration of this Agreement and/or your use of our Platforms.

13.    Breaches of T&C by YOU

  1. Without prejudice to TVB other rights under the T&C, if you breach any of the T&C in any way, TVB may take such action as TVB deem appropriate to deal with the breach, including suspending your access to our Platforms, prohibiting you from accessing our Platforms, blocking computers using your IP address from accessing our Platforms, contacting your internet service provider to request that they block your access to our Platforms and/or bringing court proceedings against you.

14.    Termination

  1. TVB may, in its sole discretion, terminate your registered account and/or your access to our Platforms, or removes and discard any communication or contents transmitted by you or information stored, sent, or received via our Platforms 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 you, (iii) any other access or use of our Platforms 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 our Platforms. 
  2. You may also terminate this Agreement at any time by immediately discontinuing your use and exist our Platforms.
  3. Upon termination, all access to our Platforms, licenses, rights and privileges granted to you 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.

15.    Assignment

  1. 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 you or obtaining your consent.
  2. You may not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under this Agreement to any person or entity without our prior written consent.

16.    No Waiver

  1. Failure of TVB at any time to enforce any provision of this Agreement or to require performance by you 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 you or such other third parties.

17.    Severability

  1. 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.

18.     Interpretation and Modification of T&C

  1. TVB has the sole discretion to interpret and determine the T&C.
  2. TVB has the right to modify the T&C posted without prior notice. Please keep yourself updated by regularly viewing our Platforms.  Your use of our Platforms following the posting of any changes to the T&C will constitute your acceptance of such changes.

19.    Governing Law

  1. The T&C and/or the Agreement shall be governed by and construed in accordance with the laws of California.  You and TVB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. 

20.    Contact Us

  • You may contact TVB by using email address listed on the “Contact US” of our Platforms.

Appendix I

TVBUSA

TVBAnywhere 全新介面登場】抽獎活動


活動期限 Period:2026 年 6 月 22 日 12:00PM 至 2026 年 7 月 5 日 11:59PM 以美西時間為準。

此活動僅限年滿十八歲在美國或加拿大 (魁北克省除外) 居住參加。無需消費者亦可參加抽獎

Only open to Participants who are at least 18 years of age and the legal residents of the United States or Canada (excluding Quebec Province); No Purchase Necessary.

共抽出 20 個名額各有機會獲得: $25 Amazon eGift Card 電子禮品卡

A total of 20 winners will each have a chance to receive: $25 Amazon eGift Card.

Drawing Date 開獎日期:2026 年 7 月 6 日。

How to Join 參加辦法:

  1. 參加者將透過出現此活動的任何廣告:OTT Ads, Paid Ads, Push Notifications, E-Newsletters, TVBAnywhere North America 網站或應用程式, 社交媒體帖文 (FB / IG / WhatsApp / Wechat) 或 TVBUSA.com 活動頁面以及各電視頻道 (TVB1, TVBE, TVBJ1, TVBJ2, SFTVB) 播放之電視廣告瞭解到此次活動。

Participants will become aware of this campaign through OTT Ads, Paid Ads, Push Notifications, E-Newsletters, TVBAnywhere North America Website or App, Social Media Post (FB / IG / WhatsApp / Wechat), the Event page on TVBUSA.com, and traditional TV commericals aired across our TV platforms (TVB1, TVBE, TVBJ1, TVBJ2, SFTVB).

  • 此活動適用於北美地區,只涵蓋 TVBAnywhere North America(免費影視平台)以下 4 種 “指定平台” 之用戶:iOS 系統,網站版,Apple TV 和 Fire TV 。

The campaign is eligible for North America and the users of TVBAnywhere North America (Free) on the following 4 platforms (“Designated Platforms”): iOS systems, Website, Apple TV, and Fire TV.

  1. 如果你已經是註冊會員(有帳戶在 www.TVBAnywhereNA.com), 又是用以上其中一個 “指定平台” 的话,你只需要於活動指定期間內下載或更新至最新版本的 TVBAnywhere North America(藍色 APP-免費影視平台),並成功登入其帳戶,再於該平台觀看任何影片不少於 60 秒,便可自動獲得一次抽獎機會。如果你於活動指定期間內在以上所有 4 個 “指定平台” 下載或更新最新版本的 TVBAnywhere North America 的话,並登入每個平台其同一帳戶觀看任何影片不少於 60 秒,就最多可獲得四(4)次抽獎機會。

If the Participant is already a registered member (has an account on www.TVBAnywhereNA.com) and is using one of the “Designed Platforms”,the Participant will automatically get one Entry of the lucky draw when the Participant, during the Promotion Period, downloads and updates the latest version of the TVBAnywhere North America (the Free Blue APP), and then log in to Participant’s account to watch any video for at least 60 seconds.  For getting more Entries, Participants can repeat the above for all of the 4“Designated Platforms” to get at the most 4 Entries of the Lucky Draw.

  1. 如果你還未是註冊會員,參加者必須於活動指定期間內,在以上其中一個 “指定平台” 下載最新版本的 TVBAnywhere North America(藍色 APP-免費影視平台),並成功註冊成爲會員,跟著登入其帳戶觀看任何影片不少於 60 秒,便可自動獲得一次抽獎機會。如果參加者於活動指定期間內在以上所有 4 個 “指定平台” 下載最新版本的 TVBAnywhere North America 的话,並登入每個平台其同一帳戶觀看任何影片不少於 60 秒,就最多可獲得四(4)次抽獎機會。

If the Participant is not yet a registered member, then the Participant must during the Promotion Period, from any of the “Designated Platforms”, download the latest version of the TVBAnywhere North America (the Free Blue APP) , register as a member, and then log into the Participant’s account to watch any video for at least 60 seconds.  and is using one of the “Designed Platforms” ,the Participant will automatically get one Entry of the lucky draw when the Participant, during the Promotion Period, downloads and updates the latest version of the TVBAnywhere North America (the Free Blue APP), and then log in to Participant’s account to watch any video for at least 60 seconds.  For getting more Entries, Participants can repeat the above for all of the 4“Designated Platforms” to get at the most 4 Entries of the Lucky Draw.

  • 此活動獎品: 所有來自美國或加拿大參加者都會放在一起進行抽獎,開獎日期在 2026 年 7 月 6 日。得獎名額共 20 位。美國得獎者會獲得 US$25 Amazon 電子禮品卡一張; 加拿大得獎者會獲得 CAD$25 Amazon 電子禮品卡一張。被抽中的加拿大人必須先成功解答一條數學問題才可正式成爲得獎者。

Prizes: All participants from the United States or Canada will be included in a single draw. The drawing will take place on July 6, 2026.  A total of 20 winners will be drawn, USA Winners will receive a US$25 Amazon eGift Card, and Canada Winners will receive a CAD25 Amazon eGift Card.  Canadian participants must successfully answer a mathematical question to officially become a winner.

  • 得獎者將於 2026 年 7 月 6 日收到電郵通知。得獎者必須於 2026 年 7 月 13 日美西時間晚上 11:59pm 內回覆電郵並附上已填妥的得獎者聲明,逾期將視作放棄得獎資格。經核實資料無誤後,獎品將會在 2026 年 7 月 31 日或之前直接有由 Amazon 以電郵方式派送到得獎者的電郵地址。得獎者需要留意獎品電郵進入垃圾郵件箱。

Winners will receive an email notification by July 6, 2026. Winners must reply to the email with the Winner’s declaration by July 13, 2026, 11:59 PM PDT. Any responses received after this time will be deemed invalid. Once verified, the Lucky Draw Prize will be directly emailed from Amazon to the winners by July 31, 2026, and Winners should check if the Lucky Draw Prize email might be filtered as Junk Mail.  

  • 無需消費者參加抽獎辦法:在信件上寫下您的姓名、實際地址(不接受郵政信箱)、電話號碼和電子郵件地址,並註明 “【TVBAnywhere 全新介面登場】”,然後郵寄至:TVB USA,Inc. 15411 Blackburn Ave.,Norwalk CA 90650 U.S.A. 。通過將該信件發送給 TVBUSA,參賽者即代表同意遵守所有條款和條件以及官方競賽規則。該信件(“替代參賽表格”)必須在幸運抽獎的截止日期之前由 TVBUSA 收到。 TVBUSA 不對任何郵件延遲負責。我們會將參加者的資料輸入電腦與其他參加者一同進行電腦隨機抽獎。所有參加者被抽中的機率是相同。

Alternative Method to Enter the Lucky Draw: Write your name, physical address (P.O. Box will not be accepted), phone number, and email address with the title “ TVBAnywhere 全新介面登場】”on a letter, and then mail it to: TVB USA, Inc. 15411 Blackburn Ave., Norwalk CA90650 U.S.A.  By sending the said letter(s) to TVBUSA, the Participant agr(ees to all Terms and Conditions and Official Contest Rules.  The letter (Alternative Entries) must be received by TVBUSA before the Deadline (i.e. within the Campaign Period) of the Lucky Draw.   TVBUSA will not be responsible for any mail delay.  The Alternative Entries will be entered into the computer together with all Entries for the Lucky Draw.

  • 本活動有條款限制,請仔細閱讀及遵守本活動之「參加辦法  How to Join」條文、「活動條款  Terms & Conditions and Official Contest Rules」條文及所有有關本活動的說明.

Restrictions and conditions apply to this Campaign, please read carefully the “How to Join”, “Terms & Conditions and Official Contest Rules”, and all related information of this Campaign.

活動條款 Terms & Conditions and Official Contest Rules

TVB (USA) Inc. at 15411 Blackburn Ave., Norwalk CA 90650 U.S.A. (“TVBUSA”) is the organizer and sponsor of【TVBAnywhere 全新介面登場】(this “Campaign”). 

By participating in and/or registered for this Campaign, and/or accepting the prize(s) of this Campaign (the “Participant(s)”), the Participant acknowledges and agrees to all “Terms & Conditions and Official Contest Rules”, the “How to Join”, and all descriptions and instructions of this Campaign stated now, and any future updates stated on the TVBAnywhere North America APP/Website and/or email notifications. All decisions of TVBUSA as detailed below with respect to any aspect of the Campaign, including without limitation the eligibility of Participants, are final and binding on all Participants in all matters as they relate to this Campaign. Void Where Prohibited by Law. Each capitalized term used herein shall have the meaning ascribed to it in this Terms & Condition.

TVB (USA) Inc.,地址位於 15411 號 Blackburn Ave, Norwalk 市. 美國加州 90650(以下簡稱 “TVBUSA”),是【TVBAnywhere 全新介面登場】(以下簡稱 “活動”)的主辦方和贊助商。 

參與或註冊參加本次活動,或接受本次活動的獎品(以下簡稱 “參加者”),即表示參加者承認並同意所有 “條款和條件以及官方競賽規則”,“參加辦法”,以及現在說明的本次活動和未來在 TVBAnywhere North America 應用程式/網站以及電子郵件通知中的任何更新。 TVBUSA 對於活動的各方面,包括但不限於參加者的資格,所作的所有決定均為最終且具有約束力的,與本次活動有關的所有事項均如此。法律禁止的地方無效。本文件中使用的大寫術語在本 “條款和條件” 中具有所指定的含義。

1. Campaign Period. The Campaign has a specified entry period. Participants may enter the Campaign by registering or signing into TVBAnywhere North America as of 2026-06-22 at 12:00 pm Pacific Time until 2026-07-05 at 11:59PM Pacific Time (the “Campaign Period”).  No entries received after this Period will be accepted.

活動期限 – 此活動有指定的參賽期限。參加者可以在活動期限由 2026 年 6 月 22 日 12:00pm 至 2026 年 7 月 5 日 11:59pm (以美西時間為準) 內通過登入 TVBAnywhere North America 參加此活動。活動期間之後不接受任何參賽報名。

2. NO PURCHASE NECESSARY TO ENTER OR WIN.  Purchase will not increase odds of winning.  Void where prohibited by law.

無需購買即可參加或獲勝。購買不會增加中獎的機會。法律禁止的地方無效。

3. Eligibility. Only open to Participants who are at least 18 years of age and the legal residents of the United States as of the date this Campaign starts. Void where prohibited or restricted by law. All applicable federal, state and local laws apply. Employees of TVBUSA and their immediate family members (spouse, parents, children, siblings and their spouses) and individuals living in the same household of such individuals (whether related or not) are not eligible.  Commercial enterprises and business entities are not eligible to enter the Campaign.

資格:此次活動僅限對在本次活動開始日期時年滿 18 歲並且是美國地區的合法居民的參加者開放。法律禁止或受限的地方無效。適用所有聯邦、州和地方法律。 TVBUSA 的雇員及其直系家屬(配偶、父母、子女、兄弟姐妹及其配偶)以及與此類個人同住的個人(不論是否有親屬關係)不具資格參加。商業企業和企業實體不具資格參加本次活動。

4. Joining requirements:

Please refer to the above Section – “How to Join”.

參加手續:   請參閲以上 “參加辦法”的細節

5. Alternative Method to Enter the Lucky Draw: Please refer to Section “How to Join” 。

無需消費者參加抽獎辦法:請參閲以上 “參加辦法”的細節

6. Lucky Draw Rules: One Participant can only enter one Entry for each of the 4 “Designated Platforms”; any duplicate entry will be disqualified without notice. Alternative Entry will be manually input to the computer system together with all other entries. All entries will be put together in one drawing; a total of twenty (20) winners will be drawn from all entries. All potential winners will be drawn on July 6, 2026. The drawing results will be posted on www.tvbusa.com and social media on July 6, 2026.

Random Drawing and Notification: potential winners (“Potential Winner” or “Potential Winners”) from the campaign will be selected using a third-party software in a random drawing from all eligible entries received during the Campaign Period.  Potential Winners will be notified by email on July 6, 2026 (“Potential Winners Notification”).

Potential Winners’ Requirements: In order to be declared the winner (“Lucky Draw Winners” or “Lucky Draw Winners), the Potential Winners must provide required information by replying to the Potential Winners Notification via email on or before July 13, 2026. Return of any prize or Potential Winner Notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to provide the Potential Winners’ Requirements by listed dates above, the Potential Winner will be disqualified, the Prize will be forfeited.  It is then at the sole discretion of TVBUSA to select an alternate eligible entrant for the forfeited Prize at random from all remaining eligible entries received, who will be subject to disqualification in the same manner. TVBUSA has the sole discretion to decide whether the Potential Winner has completed all the Potential Winners’ Requirements.

Lucky Draw Winners: The Potential Winners who satisfactorily fulfill all the Potential Winners’ Requirements will become the Lucky Draw Winners.  Winners will receive one $25 Amazon e-Gift Card. Amazon will send the electronic Gift Card directly to the Winner’s registered email address. Winners are advised to check their spam or junk mail folders. TVBUSA is not responsible for any undeliverable or loss mail or email. 

抽獎規則:一個參加者在每一個 “指定平台” 只可參加一次和有一個抽獎機會。任何重複參加都將被取消 資格,並且不會另行通知。替代參賽表格將會以手動輸入至所有合資格參加者中一同進行抽獎。所有參加者無論是電子登入或替代參賽參加者都會放在一起進行抽獎,得獎名額 共 20 位 。抽獎日期是 2026 年 7 月 6 日。抽獎結果將於 2026 年 7 月 6 日在 www.tvbusa.com 和社交媒體上公佈。

隨機抽獎及通知:從活動中收到的表格所有符合資格的參加者中,將使用第三方軟件從中進行隨機抽選出潛在的得獎者(“潛在得獎者”)。潛在得獎者將於 2026 年 7 月 6 日內收到電子郵件通知(“潛在得獎者通知”)。”

潛在得獎者的要求:為了被宣佈為得獎者(“抽獎得獎者”),潛在得獎者必須在 2026 年 7 月 13 日之前通過回覆潛在得獎者通知的電子郵件提供所需的信息。任何獎品或潛在得獎者通知被退回、無法聯繫潛在得獎者或潛在得獎者未能在上述日期之前提供上述潛在得獎者的要求,潛在得獎者將被取消資格,獎品將被放棄。然後由 TVBUSA 自行決定是否再另外抽一個潛在得獎者。是否已完成所有潛在得獎者的要求的決定是由 TVBUSA 全權負責。

抽獎得獎者:成功完成所有潛在得獎者要求的潛在得獎者將成為幸運兒。幸運兒會獲得 $25 Amazon e-Gift Card 一張(“抽獎獎品”)。 獎品將會在 2026 年 7 月 31 日或之前直接有由 Amazon 以電郵方式派送到得獎者的電郵地址。得獎者需要留意獎品電郵進入垃圾郵件箱。

7. Prizes Terms and Conditions. All prizes are awarded “As Is” and without warranty of any kind whether expressed or implied. Lucky Draw Prize is purchased from the consumer market, any warranty if any will be given by that product’s general warranty.  TVBUSA is not responsible for any non-deliverable, lost, damaged or stolen prizes. Taxes: The winners of the prizes are responsible for all federal, state and local taxes. Non-Transferable: All prizes are not transferable or assignable.  No Cash Alternative: No cash or other substitution may be made except by TVBUSA, who reserves the right, in TVBUSA’s sole discretion, to substitute the prize with another prize of equal or greater value. Gift Cards: Gift cards may be subject to additional terms and conditions imposed by the issuer.

獎品條款和條件:所有獎品按原樣提供,不帶任何明示或暗示的保固。幸運抽獎獎品是從消費市場購買的,如果有的話,任何保固由該產品的一般保固提供。 TVBUSA 對於任何不可交付、丟失、損壞或被盜的獎品不負責。稅收:獎品的得主負責支付所有聯邦、州和地方稅收。不可轉讓:所有獎品不可轉讓或讓與。不提供現金替代:除非由 TVBUSA 以其自行酌情權替換為相同或更大價值的其他獎品,否則不得提供現金或其他替代品。電子現金卡:電子現金卡可能受到發行者實施的額外條款和條件的約束。

8. Other Conditions. i) Images shown in any of the promotions, whether in video, on print, online or offline, are for reference only.   ii) Participants agree that they have not purchased any kind of internet service or made any expenditure whatsoever (other than on their submission of the entry) in order to participate in the Campaign.  Normal internet access and usage charges imposed by your online service may apply.  iii) All entries and/or material submitted by Participants are properties of TVBUSA. iv) in the event a dispute regarding the identity of the Participant, and/or the winner of prizes based upon an email address, an entry will be deemed submitted by the authorized account holder of the email address provided, but only if that Participant meets all other eligible criteria, as determined in the sole discretion of TVBUSA. v) Persons who tamper with or abuse any aspect of this Campaign or who are in violation of these Terms and Conditions and Official Contest Rules, as solely determined by TVBUSA, will be disqualified and all associated entries will be void.

其他條件。 i)在任何促銷活動中顯示的圖像,無論是在視頻、印刷品、線上還是線下,僅供參考。 ii)參加者同意他們未購買任何種類的互聯網服務或進行任何支出(除了提交參賽作品之外),以參加該活動。 普通的互聯網訪問和使用費用由您的在線服務提供者收取。 iii)由參加者提交的所有參賽作品和/或材料都是 TVBUSA 的財產。 iv)如果出現關於參加者身份的爭議,以及/或基於電子郵件地址的獲獎者,則將認為該參加者符合所有其他合格標準,並且該參加者擁有提供的電子郵件地址的授權帳戶持有者提交了參賽作品,但僅在 TVBUSA 的唯一酌情判斷下。)干擾或濫用本活動的任何方面,或者違反這些條款和條件以及官方競賽規則的人,根據 TVBUSA 的唯一決定,將被取消資格,所有相關的參賽作品將無效。

9. Disclaimers & Releases. By entering this Campaign, Participants, to the maximum extent permitted by the law, hereby release and hold harmless TVBUSA and each of its advertising and promotion agencies, and each of their respective officers, directors, employees, and agents (collectively, “Released Parties”), from and against any liability, claims, lawsuits, judgements, losses, damages of any kind, injuries, death, property damage, costs and expenses, arising from, resulting from or in connection with this Campaign, the participation of this Campaign, or the receipt, possession, use or misuse of any prize. Released Parties are not responsible for incorrect or inaccurate capture of entry information, human or technical error, failure of the internet or the website during the Campaign, for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the internet or at any website, seeding or printing errors, lost, delayed or garbled data or transmissions, or any combination thereof including any injury or damage to any Participant’s or any other person’s computer related to or resulting from playing or downloading any material in the promotion. Released Parties are not responsible for lost, late, damaged, misdirected, defaced, mutilated, illegible, incomplete, postage-due, or altered mail or prize claims or other entries or matters pertinent to this Campaign.  Released Parties are not responsible for printing, distribution or production errors or errors by mechanical readers or for lost, late, misdirected or postage-due mail or entries.  Proof of sending or submission is not proof of receipt. Released Parties are not responsible for any lost or undeliverable notifications to Participants or winners of prizes. Released Parties are not responsible for the quality, functions, safety and effectiveness of the Prizesincluding but not limited to prizes that are bought from the open market or are provided by the sponsor or any third party.

聲明和免責。進入此活動的參加者,在法律允許的最大範圍內,特此釋放並免除 TVBUSA 及其廣告和推廣代理商以及其各自的高級主管、董事、雇員和代理人(統稱 “受讓方”)因本活動、參加本活動、或獲得、持有、使用或濫用任何獎品而導致的任何責任、索賠、訴訟、判決、損失、損害、傷害、死亡、財產損害、費用和開支等,不論是由於、導致還是與本活動相關聯的。受讓方不對輸入信息的不正確或不准確捕獲、人為或技術錯誤、活動期間的互聯網或網站故障、任何電話網絡或線路、在線計算機系統、服務器、接入提供商、計算機設備、軟件的任何問題或技術故障、任何電子郵件或互聯網或網站的交通擁擠,播種或印刷錯誤,丟失、延遲或亂碼數據或傳輸,或其中任何組合,包括任何與參加者或任何其他人的計算機有關或由於在促銷活動中播放或下載任何材料而導致的傷害或損害負責。受讓方不對本活動的通知或獎品索賠或其他參賽事宜的遺失、遲到、損壞、擦污、毀損、難讀、不完整、郵賬不足或被更改的郵件或條目負責。受讓方不對印刷、分發或制作錯誤或機械讀者的錯誤或遺失、遲到、錯誤引導或郵賬不足的郵件或條目負責。發送或提交的證據不等於接收的證據。受讓方不對發送給參加者或獎品得主的通知的遺失或無法投遞負責。免責方不對獎品的品質、功能、安全性和有效性負責,包括但不限於從公開市場購買的獎品或由贊助商或任何第三方提供的獎品。

10. Privacy. Each Participant consents to the collection, use and distribution of Participant’s personal information (information that identifies Participant as an individual, such as telephone number, age, home address, social media account information, email address etc.) for the purposes of implementing, administeringand fulfilling this Campaign.   All Campaign communication including but not limited to promotion, Campaign updates, administration and notifications will be sent to the participant’s email address appearing on the participant’s TVBAW-NA Member’s Account and the Campaign Entry Form. TVBUSA may call the winner’s phone number (i.e. entered on the Registration Form) to verify the identity. Participants agree to be added to TVBUSA’s and its affiliates’ mailing list, and authorize TVBUSA to collect, use, process, transfer and store any and all personal data provided for promotional use. The information that members fill out on the Entry Form will be updated to the member’s profile data. The information/data Participants provide is for the use of TVBUSA only.  TVBUSA does not sell, rent or trade such information/data with others. By accepting the Prize, the winners agree that TVBUSA and its respective designees may use his/her name, photographs, videos, likenesses, voice, city of residence, biographical information, prize information and/or statements about this Campaign for advertising and/or publicity purposes in any and all media (now or in the future) throughout the world, in perpetuity and without compensation, notification, or permission, unless otherwise prohibited by law.  Please see the Privacy Policy of TVBUSA at http://www.tvbanywhereNA.com for details.

隱私。每位參加者同意為實施、管理和履行本活動的目的,對參加者的個人信息(識別參加者為個人的信息,例如電話號碼、年齡、家庭地址、社交媒體帳戶信息、電子郵件地址等)的收集、使用和分發。所有活動通信,包括但不限於促銷、活動更新、管理和通知,將發送到參加者在參加者的 TVBAW-NA 會員帳戶和活動報名表上的電子郵件地址。 TVBUSA 可能會致電得主的電話號碼(即在註冊表上輸入的號碼)以驗證身份。參加者同意加入 TVBUSA 及其附屬公司的郵寄名單,並授權 TVBUSA 收集、使用、處理、轉移和存儲為促銷活動提供的任何和所有個人數據。成員在報名表上填寫的信息/數據將被更新到成員的配置文件數據中。參加者提供的信息/數據僅供 TVBUSA 使用。 TVBUSA 不會將此類信息/數據出售、租賃或與他人交易。接受獎品的得主同意 TVBUSA 及其各自的被指定人可以在全球任何媒體中(現在或將來)使用其姓名、照片、視頻、肖像、聲音、居住地城市、簡歷信息、獎品信息和/或有關本活動的聲明進行廣告或宣傳,並且無需報酬、通知或許可,除非法律另有禁止。詳情請參見 TVBUSA 的隱私政策,網址為 http://www.tvbanywhereNA.com

11. Priority. In the event of any discrepancy or inconsistency between the rules, terms and conditions contained herewith and the rules, terms and conditions contained in any Campaign related materials, including but not limited to Campaign entry form, marketing materials, short notice or advertisement of any sort, the terms and conditions of Terms & Conditions and Official Contest Rules herewith shall prevail, govern and control over any other terms and conditions and rules.

優先權。如果這些條款和條件與任何活動相關材料(包括但不限於活動報名表、營銷材料、簡報或任何形式的廣告)中包含的規則、條款和條件之間存在任何不一致或矛盾,則這些條款和條件以及官方競賽規則的條款和條件將優先、統治和控制其他任何規則、條款和條件。

12. Language: In the event of any discrepancy or inconsistency between the English language version and any other version of these Terms and Conditions and Official Contest Rules and any other Campaign descriptions or instructions in another language, the English version shall prevail.

語言:如果英文版本的這些條款和條件以及官方競賽規則與其他語言版本或其他語言的活動描述或指南之間存在任何不一致或矛盾,則以英文版本為准。

13. Headings. Headings are provided for convenience purposes only and shall not affect any construction or interpretation of these terms and conditions and rules.

標題。標題僅供方便之用,不影響這些條款和條件的解釋或構造。

14. Termination. TVBUSA reserves the right to terminate this Campaign at any time without liability. TVBUSA is not responsible if, for any reason, its websites are not capable of running as planned, or for any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of TVBUSA. TVBUSA also reserves the right to terminate, modify or suspend the Lucky Draw if TVBUSA is not capable of running it as planned for any reason beyond TVBUSA’s control.  Should the Lucky Draw be terminated prior to the stated expiration date, notice will be posted onevent.tvbaw.com

終止。TVBUSA 保留隨時終止此活動的權利,而不承擔責任。如果由於任何原因,其網站無法按計劃運行,或者由於電腦病毒、錯誤、篡改、未經授權的干預、欺詐、技術故障或 TVBUSA 無法控制的任何其他原因而感染,TVBUSA 不承擔責任。 TVBUSA 還保留終止、修改或暫停幸運抽獎的權利,如果 TVBUSA 由於其無法控制的任何原因而無法按計劃運行。如果幸運抽獎在規定的到期日之前終止,將在 event.tvbaw.com 上發布通知。

15. Arbitration and Choice of Law. Except where prohibited, Participants agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Campaign, or any prize awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules of the American Arbitration Association then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions and Official Contest Rules, or the rights and obligations of Participant and/or TVBUSA in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in Los Angeles, CA.

仲裁和法律選擇。除非法律禁止,參加者同意以下事項:(1) 任何因與本活動、獎品或得獎者的確定有關的爭端、索賠和訴因均將根據當時有效的美國仲裁協會規則,以個人方式解決,不得採取任何形式的集體訴訟,並且僅由仲裁解決,(2) 任何索賠、判決和獎項都將限制為實際支出的費用,包括與參加此次抽獎活動有關的費用,但不包括律師費;(3) 在任何情況下,參加者都不得獲准為獎項提出訴訟,參加者特此放棄主張懲罰性、附帶和衍生性損害以及除實際支出外的任何其他損害的權利,以及放棄要求增加或其他方式增加損害的所有權利。關於這些條款和條件以及官方競賽規則的解釋和執行,或參加者和/或 TVBUSA 在本次活動中的權利和義務,所有問題和問題均應受加利福尼亞州法律的管轄和解釋,不考慮法律原則的衝突,並且所有程序將在加利福尼亞州洛杉磯進行。

16. Winners’ List. For the names of the winners, please visit www.tvbusa.com or social media to look for the Campaign’s name and icon.

得獎名單。要查看得獎者的名單,請訪問www.tvbusa.com或社交媒體尋找活動的名稱和圖標。

Please email cs@tvbusa.com if you have any questions or inquiries regarding this event.

如果您對此活動有任何問題或查詢,請發送電子郵件至 cs@tvbusa.comPlease read the following terms and conditions (“T&C”) carefully before downloading, installing, accessing or using any part of materials contained on any of our following platforms (“our Platforms”), which are derived in whole or in part by TVB (USA) Inc. (“TVB”, “we”, “us”, or “our”):

This T&C, our Privacy Policy, and the provisions of the Registration (including the registration form(s)) constitute a binding agreement between USER (“you”, “your” or “yourself”) and us (“Agreement”) governing your access to and use of our Platforms and those services provided by us via our Platforms.  By (a) installing, downloading, accessing or using any part of our Platforms and/or Service, or (b) registering as an user in our Platforms and/or Service, you declare that you have read this T&C, that you understand it and its terms and conditions, and that you agree to be bound legally by it and its terms and conditions.  If you do not agree to this T&C, you must immediately exit our Platforms and/or Service and discontinue its use.  Continue use of our Platforms and/or Service signifies you continued acceptance of these T&C and any changes to them. 

We reserve our right to modify any part of this T&C at any time by posting the modified version on our Platforms.  Unless as stated below, all modifications shall automatically be effective upon posting on our Platforms and shall supersede any previous versions of this T&C.  You agree to review this T&C on our Platforms regularly to ensure that you aware of any modifications. The current version of the T&C can always be found under the “Terms of Use” button on our Platforms. You can tell if there have been changes to the T&C since your last use of the Service by checking the date at the top of this Terms of Use page.

If you are under 18 years of age, you must review the T&C with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to this T&C.  If your parent or legal guardian does not agree to this T&C, you must immediately discontinue its use and exit our Platforms.

You must exit our Platform and/or Service immediately and discontinue its use if you are currently not residing or not located in Canada and the United States of America.  See Section 2.1 for detail.

  1. Service
    1. The Service is a Video-on-demand (“VOD”) with live streaming channel(s) service, which permits you to access to and/or view digital content (“Content”), including but not limited to programs, still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other materials or goods that can be accessed through or on our Platforms, in compliance with the terms and conditions set forth in this T&C.
  • Requirements for Use of the Service
    • Unless with our prior written permission, the Service is available to you only in Canada and the United States of America.  You agree not to use or attempt to use the Service in other locations.  We may collect your IP address to confirm your geographical location.
    • Use of the Service require compatible devices, internet access, wireless network access and periodic updates (fees imposed by third parties may apply). The latest version of our Platforms is recommended and may be required to access the Service for certain features or transactions. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems or software, and services needed to access the Service. You shall bear any communication or data transmission charges incurred by accessing to the Service and updating the Software through a third party network.
    • You agree that the requirements under this Section 2 may change from time to time and you are responsible to ensure that all these requirements are met before accessing to or using the Service.
  • Registration

3.1     In general, registration is not required for using the Service of our Platforms.  But the access to certain privileges, certain promotional programs such as reward programs, certain contents, and certain features of the Service of our Platforms is restricted to users who have successfully registered through our registration process (“Registered Member”).

  • When you try to access certain privileges, certain contents or certain features of the Service of our Platforms, you will be prompted to enter the pre-registered email address (“user-ID”) and password in order to gain access.  To register as a Registered Member, you must complete the registration process by providing us with current, complete and accurate information as required on the Registration Form.  We will then send a verification email to your email address; if your email address is bounced back or invalid, your registration will be voided. 
    • You agree to maintain and promptly update the information you provided in the registration process to keep us current, complete and accurate.  The information you provided to us on the Registration Form will be treated in accordance with our Privacy Policy.  We may at times undertake checks to ensure the accuracy of the information you have provided to us including contacting you and/or your guardian or parent.
    • We reserve the right not to accept your registration in our sole discretion without specifying reasons.  After the registration process is completed, you will be able to use your user-ID and account password for accessing the certain contents and features.
    • You agree a) to accept responsibility for all activities that occur under your user-ID and password and maintaining the confidentiality of your password, b) In the event that there is suspicious of the use of the User-ID and password by unauthorized persons, you shall notify us in writing immediately, c) not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s user-ID, password or other account information.
    • As a Registered Member, you are consenting to receiving certain communications from us via email communication or via electronic messaging within your account.  These communications may include notices about your account, information related to our Platforms and Service, and other marketing information in accordance with our Privacy Policy.

3.7     You agree that TVB may collect, use, store, and analyze user activity and engagement data in connection with being a Registered Member, including but not limited to viewing history, viewing duration and frequency, content watched, login activities, search and interaction records, device and platform information, IP address and approximate geographic location, account-related information, participation in campaigns or promotional activities, rewards redemption records, and other usage analytics.  Such information may be used for purposes including administering the Registered Members, tracking user engagement and eligibility, personalizing user experience, conducting marketing and promotional activities, improving platform functionality and services, and performing internal analytics and reporting.

  • USER Obligations and Restrictions
    • You agree (a) not to use the service/information provided in our Platforms for any illegal purpose or in any manner inconsistent with the T&C, (b) not to use our Platforms on any device that you do not own or control, (c) not to preload our Platforms 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 our Platforms, use of our Platforms, or access to our Platforms, (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 our Platforms for any other purpose whatsoever without the prior written permission of us, (f) not to attempt to extract the source code of our Platforms, and (g) not to translate our Platforms into other languages or make derivative versions.
    • You agree to use our Platforms in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Platforms 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 our Platforms.
    • You must not use our Platforms in any way that causes, or may cause, damage to our Platforms or impairment of the availability or accessibility of our Platforms; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    • You must not use our Platforms 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 you must not conduct any systematic or automated data collection activities including but not limited to scraping, data mining, data extraction and data harvesting.
    • You must only access our Platforms via a device owned by or controlled by you for your non-commercial and private viewing purpose, provided that you shall keep intact all copyright and other proprietary notices and act in accordance with our timely instruction.
    • You acknowledge that:- (i) the information provided in our Platforms is for information purpose only and is not intended for trading purposes; (ii) none of the information and service contained in our Platforms constitutes an offer, opinion, recommendation by us regarding any use, including investment; (iii) the information and services provided by our Platforms are for personal use only and not intended for distribution to any person or entity; (iv) You have or will make your own assessment as to its suitability when you make use of the information provided in our Platforms (and you are qualified to make such assessment or have received suitable independent advice). (v) The provisions of certain information or services is subject to the terms and conditions of other agreements to which we are a party; and (vi) We do not guarantee the sequence, accuracy, completeness, or timeliness of the information contained in our Platforms.
    • You agree 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 we are not liable for such inaccessibility.
  • Terms for using SMS Messages

5.1. SMS Consent Communication:  The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

5.2. Types of SMS Communications: If you have consented to receive text messages from TVB, you may receive messages related to the following: 1) Follow-up Messages, 2) Answering users’ inquiry, and 3) Promotions or offers. For example:

“Hello, TVB is now having a lucky draw promotion campaign, visit TVBusa.com for details. Reply STOP to opt out of SMS messaging at any time.”

5.3. Message Frequency: Message frequency may vary depending on the type of communication. You may receive up to 5 SMS messages per week regarding promotions or offers.

5.4. Potential Fees for SMS Messaging: Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5.5. Opt-In Method: You may opt-in to receive SMS messages from TVB in the following ways) Verbally, during a conversation, b) By submitting an online form, c) By filling out a paper form.

5.6. Opt-Out Method: You can opt-out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

5.7. Help Method: For assistance, text “HELP”, email us at www.tvbusa.com or call us at 1-877-893-8888.

5.8. Messaging Disclosures: i) No inappropriate language should be used in any SMS message, ii) TVB SMS messages may have errors and may not be treated as formal verbal or written confirmation, agreement or acknowledgement, iii) No financial transactions should be confirmed or processed using SMS messages, and iv) No illegal contents should be exchanged using SMS messages.

6.     Intellectual Property Rights and License

  • Our Platforms are derived in whole or in part from materials supplied by us and/or other licensed sources and are protected by all relevant intellectual property laws (including copyright and trademark laws). All rights in the content of our Platforms are owned or controlled by us or our respective licensors.
    • The Trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our Platforms are registered and unregistered Trademarks of us and other third parties.  Nothing contained on our Platforms should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on our Platforms without the written permission of us or such third party that may own the Trademarks display on our Platforms.  Your misuse of the Trademarks displayed on our Platforms, or any other content on our Platforms, except as provided in these T&C, is strictly prohibited. 
    • Software Applications & programs from our Platforms (“Software”) – TVB hereby grant to you a non-exclusive and non-transferable license for you to store, run and use the Software on your personal computer or viewing device for accessing of our Platforms in accordance with the terms in this T&C and any software license of the Software but not further or otherwise.  We reserve the right to update the Software from time to time in our sole discretion, including but not limited to adding, changing or removing functionalities and features, and changing the user interface or the manner in which you are able to access the Service or the Content.
    • Copyright – you agree that TVB own and retain all rights to our Platforms, the Content, and you acknowledge that our Platforms, the Content are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive limited license to use our Platforms, the Content in compliance with the terms of this T&C. Nothing you do on or in relation to our Platforms, the Content, the materials contained in our Platforms, or the Software will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
    • When you submit any Content to our Platforms or to us via our Platforms, you have irrevocably assigned to TVB all of your copyright and interest in such Content, and that you have agreed to grant to us 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 your consent or payment of any fee to you.  You also grant to TVB the right to sub-license these rights, and the right to bring an action for infringement of these rights.  You are solely responsible for any Content posted to our Platforms by you.  We reserve the right in our sole discretion to delete, remove or edit any of your Content submitted to our Platforms, or stored on our servers, or hosted or published upon our Platforms.
    • This Section 5. Intellectual Property Rights and License will survive the termination or expiry of this Agreement and/or the use of our Platforms by you.

7.     Disclaimer of Warranties and Limitation of Liabilities

7.1   ALL MATERIALS ON our Platforms 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. YOU AGREE THAT YOUR USE OF OUR PLATFORMS, THE SOFTWARE AND/OR THE CONTENTS OBTAINED THROUGH YOUR USE OF THE FOREGOING ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.

  • All services of our Platforms are subject to the T&C and we 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 our Platforms; OR (ii) your 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.
    • We make no representation that materials on our Platforms are appropriate or available for use outside United States. Those who choose to access our Platforms from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent applicable.
    • In no event will we or our 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 your use, or the omissions or conducts of any party in connection with or related to your use of our Platforms.
    • We do not warrant that the functions or material contained in our Platforms 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, we and the providers of our Platforms 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 our Platforms, the Software and/or the Content, that our Platforms or your access to our Platforms 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 our Platforms, the Software and/or the Content will meet your requirements.
    • To the fullest extent permitted by applicable law, we are not liable to you 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 your Internet connection, its spend and/or bandwidth, arising from your use of our Platforms, 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 our Platforms, and/or Software or Content supplied, provided, sold or made available by or through our Platforms (or any failure or delay to so supply, provide, sell or make available);
      • Any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Platforms, the Software and/or the Content;
      • Any disruption, suspension, delay, failure or discontinuation of our Platforms or the service capacity (including but not limited to streaming capacity allocated by us for our Platforms), 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 your 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 your use of our Platforms, the Software, or the Content.
    • We 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 you may access through, or are linked to or embedded in our Platforms.  We have 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 our Platforms, 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 you via our Platforms.  Any transaction or your dealings with any third parties via our Platforms 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 you and such third parties. We 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 our Platforms and those linked sites or applications.
    • Our Platforms may provide hyperlinks to third party websites/mobile applications but we shall not be responsible for the contents of these other websites/mobile applications. The links provided to you are for convenience only. We shall not be liable of any damages or injury resulting from your access to, any of the said other websites/mobile applications, or from your reliance on any information provided in the content of such other websites/mobile applications.
    • No advice or information, whether oral or written, obtained by you from us or through the provision of services of our Platforms shall create any warranty not expressly stated in the T&C.
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR 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 US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
    • This Section 6 – Disclaimer of Warranties and Limitation of Liabilities will survive the termination or expiry of this Agreement and/or your use of our Platforms.

8.    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.

9.     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

email: cs@tvbusa.com

  • 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.

10.     Privacy Policy

  1. You acknowledge and agree that you shall comply with the policies and terms 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 our Platforms.  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 our Platforms following the posting of such change to the Privacy Policy will constitute your acceptance of any such changes.

11.   Our Rights

  1.   You acknowledge and agree TVB has the following rights:
  2. Expand, reduce and/or modify the whole or any part of our Platforms or any content of our Platforms.
  3. Deactivate the whole or any part of our Platforms to carry out system maintenance, upgrading, testing and/or repairs.
  4. Limit or suspend your access to the whole or part of our Platforms if we believe that such action is appropriate due to your improper use of our Platforms or breach of any T&C of this Agreement.

12.   Indemnification

  1. You agree 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 you of this T&C, (b) Your use of our Platforms, the service, content and the software of our Platforms, (c) the contents or information you provided, (d) in connection with any dealings with you through our Platforms, (e) the personal information submitted by you, and (f) Your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages including attorney fees.
    1. This Section 12 – Indemnification will survive the termination or expiration of this Agreement and/or your use of our Platforms.

13.    Breaches of T&C by YOU

  1. Without prejudice to TVB other rights under the T&C, if you breach any of the T&C in any way, TVB may take such action as TVB deem appropriate to deal with the breach, including suspending your access to our Platforms, prohibiting you from accessing our Platforms, blocking computers using your IP address from accessing our Platforms, contacting your internet service provider to request that they block your access to our Platforms and/or bringing court proceedings against you.

14.    Termination

  1. TVB may, in its sole discretion, terminate your registered account and/or your access to our Platforms, or removes and discard any communication or contents transmitted by you or information stored, sent, or received via our Platforms 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 you, (iii) any other access or use of our Platforms 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 our Platforms. 
  2. You may also terminate this Agreement at any time by immediately discontinuing your use and exist our Platforms.
  3. Upon termination, all access to our Platforms, licenses, rights and privileges granted to you 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.

15.    Assignment

  1. 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 you or obtaining your consent.
  2. You may not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under this Agreement to any person or entity without our prior written consent.

16.    No Waiver

  1. Failure of TVB at any time to enforce any provision of this Agreement or to require performance by you 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 you or such other third parties.

17.    Severability

  1. 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.

18.     Interpretation and Modification of T&C

  1. TVB has the sole discretion to interpret and determine the T&C.
  2. TVB has the right to modify the T&C posted without prior notice. Please keep yourself updated by regularly viewing our Platforms.  Your use of our Platforms following the posting of any changes to the T&C will constitute your acceptance of such changes.

19.    Governing Law

  1. The T&C and/or the Agreement shall be governed by and construed in accordance with the laws of California.  You and TVB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. 

20.    Contact Us

You may contact TVB by using email address listed on the “Contact US” of our Platforms.