COPYRIGHT POLICY FOR BIG BIG CHANNEL SERVICE
1. Please read this Copyright Policy before accessing or using our website www.bigbigchannel.com.hk (our “Site”) or your registration and use of the Big Big Channel service (our “Service”). By accessing or using our Site and/or Service, you agree to be bound by this Copyright Policy, and as amended from time to time. This Copyright Policy is incorporated into and forms part of our Terms of Service (our “TOS”).
2. We regularly review this Copyright Policy and may from time to time amend its terms and conditions by updating http://www.bigbigchannel.com.hk/en/copyright. By continuing to use our Service and/or our Site after any amendments to this Copyright Policy, you agree to be bound by this Copyright Policy as revised, so please do visit http://www.bigbigchannel.com.hk/en/copyright periodically for updates.
OUR SITE & SERVICE
3. Our Site and Service are our exclusive property. We generally grant you a free, personal, non-exclusive and non-transferable right to access and use our Site and Service, which right is conditioned on your compliance with this Copyright Policy and our TOS.
4. All content included on or accessible through our Site and Service such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, videos, typefaces, music, sounds, and other materials and software (“Content”) are our exclusive property and/or their relevant contributors’, which are protected by copyrights, trademarks, or other proprietary rights and are subject to applicable laws and regulations.
5. You agree to not use or exploit the Content in any manner inconsistent with any of the rights granted or restrictions set forth in our TOS, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion or deactivation of any content protection mechanisms. If you are not the contributor of the Content, you are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any such Content. All rights not expressly granted in our TOS are expressly reserved to us and the relevant Content contributor.
6. If you are the Content contributor, by making your Content accessible to other users on our Site or through our Service, you agree to allow any users free of charge and for personal viewing only of your Content on our Site or through our Service, via any means of electronic communication media or technology (e.g. internet television, desktop computer, smartphones, tablets, game consoles), for the entire period in which your Content is hosted on our Site.
7. In addition, for the entire period in which your Content is hosted on our Site, you authorize us to reproduce/display your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted (including your Content) are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data.
8. Before you upload or contribute your Content, you warrant your Content does not infringe the rights of, including but not limited to intellectual property rights of any third parties, or restrict or inhibit the use and enjoyment of our Site and/or Service by any third parties. Such restriction or inhibition includes any disturbing, threatening, violent, immoral, pornographic and defamatory statement or statement contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.), 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 Site and/or Service.
9. Failure to comply with this Copyright Policy will result in your Content being removed and/or your user account being suspended or terminated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the Content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of our Site and Service and out of consideration for the feelings of all, users are responsible for maintaining certain ethical and moral standards with respect to the Content made available online.
10. Please also refer to Sections 5 & 7 of our TOS and Section 3 of our Premium User TOS http://www.bigbigchannel.com.hk/en/tos/#premium_tos.
OUR LIABILITY AS HOST
11. We are under no legal obligation to monitor Content transmitted via or stored on our Site and/or Service. Our obligations as host concern (i) the fight against Content which infringe the rights of, or restrict or inhibit the use and enjoyment of our Site and/or Service; (ii) the retention of your personal data, which is subject to an obligation of confidentiality and treated in accordance with our Personal Information Collection Statement and in compliance with the Hong Kong Personal Data (Privacy) Ordinance (Cap.486), and (iii) the removal of all illegal or objectionable Content which has been effectively brought to our attention.
COPYRIGHT INFRINGEMENT NOTIFICATION
12. We do not permit intellectual property rights, including but not limited to copyright and trademark rights, infringing activities on our Site and/or Service, and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. We also reserve the right to terminate or suspend the infringer’s user account without prior notice.
13. If you believe that your work has been copied and posted on our Site and/or Service in a way that constitutes copyright infringement, please provide to us the written information specified below and email to email@example.com :
• A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive interest that is allegedly infringed;
• A description of all of the copyrighted works and/or trademarks that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on our Site and/or Service, including, a URL of the specific location of the infringing material;
• Information sufficient to allow us to contact you including, at a minimum, your name, address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
COPYRIGHT INFRINGEMENT COUNTER-NOTIFICATION
14. If you believe that the Content you uploaded or contributed was removed in error, or that it does not infringe upon third-party’s intellectual property rights, you may send us a counter notification by email to firstname.lastname@example.org. Once your counter notification is received, we will forward it to the party that initiated the take-down notice. The restoration of deleted content is at our sole discretion. Please note that unfounded counter notification may be subject to legal action.
If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
Last Update: 2 June 2017
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