GENERAL TERMS OF SERVICE – BIG BIG CHANNEL
By (a) clicking “I AGREE” at the end of these terms and conditions (these “TOS”), or (b) registering as a user of the BIG BIG CHANNEL (“BBCL”); or (c) installing, accessing or using any part of the BBCL website ( “our Site”) or any materials contained therein and/or other media platforms, software, programs and/or applications which are derived in whole or in part through our Site (collectively “our Service”), you signify your agreement to be legally bound by (1) these TOS, (2) our Personal Information Collection Statement, found at http://www.bigbigchannel.com.hk/en/pics and (3) our Copyright Policy found at http://www.bigbigchannel.com.hk/en/copyright (collectively “this Agreement”). You declare that you have read and understand all terms and conditions in these TOS. If you do not agree to these TOS, please do not use our Service.
We reserve our right to modify any part of these TOS at any time by posting the modified version on our Site. Unless as otherwise stated below, all modifications shall automatically be effective upon posting on our Site and shall supersede any previous versions of these TOS. You agree to review these TOS on our Site regularly to ensure that you are aware of any modifications. Your continued access and/or use of our Service after changes are posted constitute your acceptance of these TOS as modified by the posted changes.
These TOS apply to both Basic Users and Premium Users. If you would like to become Premium User, please also refer to additional TOS for Premium Users at http://www.bigbigchannel.com.hk/en/tos/#premium_tos.
1. Our Service
Our Service permits you to access to and/or view Content, including but not limited to text, dialogues, software, scripts, graphics, photos, sounds, voice, music, videos, audiovisual combinations, data, information and/or other materials (collectively “Content”) by streaming only on or through our Site, and to enjoy certain social media features and interactive functions among users such as live chat, personal messages and e-commerce under the terms and conditions set forth in these TOS. Premium Users are further permitted to contribute Content to and perform on our Site and receive revenue sharing from those Content contributed and/or from the performances, subject to additional TOS for Premium Users at http://www.bigbigchannel.com.hk/en/tos/#premium_tos.
2. Requirements for Use of Our Service
A. Use of our Service requires compatible devices, Internet access, and periodic updates. The latest version of software, programs and/or applications (collectively “Software”) is recommended and may be required to access our Service for certain features. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our Service and updating the Software.
B. Use of our Service may affect your enjoyment and/or the operation of the broadband or wireless services provided by the third party network and we shall not in any event be liable in respect thereof.
C. 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 our Service.
3. User Account Registration
A. Before you can access and/or use our Service, you must register as a user (“Basic User”) by providing us with current, complete and accurate information as required on our Site.
B. If you want to become a performer on our Service and contribute your Content to our Site (“Premium User”), you have to successfully apply for a Premium User Account and to be bound by additional user terms and conditions at http://www.bigbigchannel.com.hk/en/tos/#premium_tos.
C. You must always keep the aforesaid information current, complete and accurate. The information you provide to us via our Site will be dealt with in accordance with our Personal Information Collection Statement. http://www.bigbigchannel.com.hk/en/pics.
D. We may at times undertake checks to ensure the accuracy of the information you have provided to us including contacting you.
E. We reserve the right not to accept your registration in our sole discretion without specifying reason.
F. Each user can only have one (1) Basic User account, but a Premium User will concurrently hold one (1) Basic User account and one (1) Premium User Account, subject to these TOS. You agree to keep your password and user account secure and confidential and not to allow anyone else to use your user account or password to access our Site nor to do anything which would assist or allow anyone who is not a registered user to gain access to our Site; nor to create accounts for others without their permission; nor to create additional user accounts for the purpose of abusing the functionality of our Site or other users’ accounts, nor to seek to pass yourself off as another user; nor to do anything that jeopardize the security of your account.
G. If you have reason to believe that someone has unauthorized use of your password or user account or has committed any other breach of security, please report to us at email@example.com immediately for our immediate suspension of your user account or to take other appropriate actions. You agree that you will be responsible to us and to others for all activities that occur under your user account. We will not be liable for any loss or damage arising from your failure to comply with the terms herein stated or from any third party’s act without your authorization.
H. For security reasons, we strongly recommend you to change your account password on a regular basis.
I. Please note that there may be some Contents which are not suitable for viewing or which must not be made accessible to minors. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content and for generally ensuring that minors do not access such Content using your account. We will not be in any way responsible for any use of your account to access to, viewing of or make use of any of the Content (whether the account password is used by you or other person, authorized or not).
J.You are not allowed to sell, transfer, license or assign your user account or any of your rights as a user or under your account to any party.
4. Site Content
A. Use of our Site, and/or all Content contained within our Site is entirely at your own risk. Please note: Content are provided to you AS IS, without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. You may access Content for your information and personal, non-commercial use solely as intended through the provided functionality of our Service and as permitted under these TOS. We and the respective contributors of Content reserve all rights not expressly granted in and to our Service and the Content.
B. You understand that when using our Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our Service.
C. This Section 4 will survive the termination or expiry of this Agreement and/or your use of our Service.
5. Your Use of Our Service
A. You agree:
(a) to abide by all applicable laws, these TOS and any other operating and/or usage rules applicable to our Service and the Content, as amended from time to time;
(b) that any person who uses our Service and the Content under your user account (whether or not approved by you) shall be deemed to be your use of our Service and the Content;
(c) to use our Service, our Site, the Content, and/or the Software in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Service by any third party. Such restriction or inhibition includes any disturbing, threatening, violent, immoral, pornographic or 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 follow of dialogue and/or interactive mode via our Service;
(d) not to and not to allow any person collect money or other consideration for the use or access of our Service, our Site, the Content and/or the Software under any circumstances, unless expressly permitted under these TOS;
(e) to be responsible for any costs you incur to access our Service, our Site and the Content and/or the Software and Internet connection; and
(f) that unless explicitly stated otherwise, any new features that augment or enhance our Service shall be subject to these TOS.
B. Unless with our prior written permission, you are not allowed and you shall not permit any party to:
(a) use our Service, our Site, the Content and/or the Software for any purpose or use not explicitly provided under these TOS;
(b) use our Service, our Site, the Content, and/or the Software on any device that you do not own or control;
(c) access our Service and/or the Content by any means other than through use of the Software provided by us for accessing our Service;
(d) modify the Software that is provided by us to access our Service and/or the Content in any manner or form, or to use the modified versions of the Software, for any purposes including obtaining unauthorized access to our Service and/or the Content;
(e) preload our Service, the Content, and/or the Software in any device and promote, sell, circulate or distribute such device in the market;
(f) reproduce, duplicate, copy, reverse engineering, sell, sub-license, translate, decompile or disassemble, make available, publish or otherwise exploit, any portion of our Service, the Software and/or the Content or any part thereof for any other purpose;
(g) 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, graphics, text, video clips, code and software) from our Service and/or the Content for any other purpose;
(h) interfere with or disrupt our Service and/or the Content or servers or networks connected to our Service and/or the Content;
(i) charge for access to any premises where Service is installed for use of or access to our Service, our Site, the Content and/or the Software;
(j) download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on our Service or the Content or display our Service or the Content or cause our Service or the Content to be displayed in public or re-direct any Service or the Content in any way or through any media or frame any part of our Service or the Content, whether by actual commitment or procurement or by any means (including without limitation Internet);
(k) use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of our Service or the Content, and/or the Software;
(l) hack, break into, or attempt to hack or break into our Service or the Content, the Software, and/or any data zones on our server(s) or that of any third party in any manner, or access such parts of our Service and/or the Content and/or Software which you are not authorized to login;
(m) implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
(n) obstruct or interfere with our Service or servers or networks connected to our Service, or restrict or inhibit any person to use our Service;
(o) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Service;
(p) remove any copyright, trademark, or other proprietary rights notices contained in our Service, the Software, the Content and/or our Site;
(q) permit any minors from viewing those Content and/or use any part of our Service which is not suitable for viewing by minors;
(r) collect information of other users of our Service;
(s) use any device or apparatus which may be harmful to our network or third party’s equipment (in which case, you shall immediate cease the connection of such device or apparatus);
(t) download or make use of any of our Service, Software, Content, applications or other materials: (i) in any device and promote, sell, circulate or distribute such device in the market, or (ii) for any commercial purpose or usage, or (iii) for purposes other than private viewing on your personal, authorized device;
(u) disclose, distribute or publish any confidential or personal information of the data subject via our Service without the consent of that data subject; and
(v) use our Service, the Content, the Software and/or our Site for any illegal or immoral purpose.
C. Should you post, distribute, transmit, publish or broadcast any materials on our Site or via our Service, you agree:
(a) not to post, distribute, transmit or broadcast materials or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, violent, harmful, vulgar, obscene, profane, sexually oriented, discriminating, hateful, offensive or which otherwise includes objectionable material;
(b) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) not to post or transmit any materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) not to post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of solicitation, except in those areas that are designated for such purpose; and
(e) not to post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
D. You agree that the information, text, comments and/or otherwise statements posted on our Site by users represents only the views or findings of the relevant user and does not represent our views.
E. You further understand and acknowledge that due to the nature of our Service you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
F. When you use our Service with your network bandwidth service, your network bandwidth may be reduced. As your use of our Service will consume Internet connection and incur network data transmission fees, please beware of your network consumption and the network data transmission fees being charged by your network service provider. Please contact your network service provider for any queries.
G. Your installation and use of our Service will occupy certain storage capacity of your device. Therefore, please maintain sufficient storage capacity in your device at all times.
H. This Section 5 will survive the termination or expiry of this Agreement and/or your use of our Service.
6. Intellectual Property Rights
A. You agree that we own and retain all rights to our Service, our Site and/or the Software, and we and the contributors of the Content own and retain all rights to the relevant Content. All trademarks, service marks and logos (the “Marks”) on our Service, our Site and/or the Software are owned by or licensed to us.
B. You acknowledge that our Service, our Site, the Content, the Marks, and/or the Software 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, non-transferrable, limited license, without right of sublicense, to access and use our Service, our Site, the Content (other than those contributed by you) and/or the Software contained therein on a streaming-only basis in compliance with these TOS.
C. Nothing you do on or in relation to our Service, our Site, the Content (other than those contributed by you), the Software, the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
D. We expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person.
E. This Section 6 will survive the termination or expiry of this Agreement and/or your use of our Service.
7. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on our Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement or objectionable material through this process. Please refer to our Copyright Policy http://www.bigbigchannel.com.hk/en/copyright. We will not be liable for your access or viewing of any objectionable or infringing or unlawful material. We reserve all rights to take action against you for your false or bad faith allegation of infringement of any right.
8. In-App Purchase
A. To reward Premium User’s Content, you must acquire the requisite total number of BBC e-coins indicated for that item by making an in-app purchase of the equivalent dollar value through our designated App Store (“the App Store”). The App Store may charge you a sales tax depending on where you live, and please check the App Store’s terms and policies for details.
B. All in-app purchases of BBC e-coins are FINAL AND NON-REFUNDABLE. By making an in-app purchase of BBC e-coins, you expressly acknowledge and agree we do not have any obligation or liability to provide you with a refund for any reason. If you cancel your order through the App Store after purchasing e-coins in the app, we’ll forfeit the e-coins you sent, and the goods or services will also be revoked.
C. You expressly acknowledge and agree that the BBC e-coins you have received from activities on our Site (eg. gifts) cannot be cash out.
D. You are strictly prohibited from giving/receiving any cash from any users in any scenario. You are not allowed to do any transactions, trading BBC e-coins or user account. You expressly acknowledge and agree that if you are doing any transactions, trading BBC e-coins or account, BBC has the right to suspend or terminate your account, and forfeit all the e-coins and any payment from your account.
E. You agree that we will make the necessary adjustment to correct the error in BBC e-coin balance in your user account when our Software or technical glitch has resulted in an error in your balance.
9. Suspension and Termination
A. We may at any time, without notice or liability to you, suspend or terminate your user account(s) or refuse your access to any part or all of our Services, temporarily or permanently, if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of this Agreement, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
B. We may at any time, without notice or liability to you, terminate your user account if you do not visit our Site or access our Service for a consecutive period of one (1) year.
C. During suspension of your user account or upon termination of your user account:-
(a) any money due to us by you shall become immediately payable;
(b) any rights we have in respect of your obligations under this Agreement which are not fulfilled by you shall continue to exist;
(c) under no circumstances shall you be entitled to a refund of any monies or payment in whatever kind payable to us;
(d) all monies or payment in whatever kind remains in your user account will be forfeited by us without notice or liability to you; and
(e) your access to our Site, our Service, Content and Software, and all licenses, rights and privileges granted to you under these TOS shall cease.
10. Our Rights
We may at any time without notice:
(a) expand, reduce and/or modify the whole or any part of our Service;
(b) remove, delete, cancel, edit, change, amend or block the whole or any part of the Content;
(c) deactivate the whole or any part of our Service to carry out system maintenance, upgrading, testing and/or repairs;
(d) terminate your user account, or limit or suspend your access to the whole or any part of our Service and/or Content if we believe that such action is appropriate due to your improper use of our Service or breach of any term of this Agreement;
(e) at any time employ and/or install software in your personal computer or other personal viewing devices for the purposes of detecting any downloading, copying, storing, distribution, sharing or re-direction of any Content from our Service in any way or through any media and/or for your access to our Service from time to time;
(f) at any time monitor and record your activities and Content posted on our Site through your user account; and/or
(g) place advertising and promotional materials in conjunction with the Content published, within the Content transmitted, on the Site, in our Service and/or the Software at our sole discretion .
11. Third Party Materials
A. Our Service or our Site may contain materials from third parties and/or hyperlinks to third party websites, or part of our Service and/or content of our Service and/or our Site may be supplied or supported by third parties, or that in order to enhance certain functions of our Service, you are required to purchase items or materials from third party providers or through their software. Your use of third parties’ websites and/or materials linked to our Service may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to these TOS and will prevail over these TOS if there is any inconsistency regarding your use of those web pages and/or applications.
B. We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in our Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. You expressly relieve us from any and all liability arising from your use or access of any third party website or materials.
C. We have no control over any third party websites linked to our Service or our Site and we are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to our Service or our Site (including without limitation sites linked through advertisements). Some links which appear on our Service or our Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you agree to access those links at your own risk. We are not responsible or liable in any way for any loss or damage of any sort incurred or allege to have incurred, either directly or indirectly, as the result of your reliance, use, dealings of or as the result of the presence of such links and advertisements on our Service or our Site.
12. Disclaimer of Warranties & Limitation of Liabilities
A. We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any failure or delay in accessing our Service or any part thereof (whether due to the lack of streaming capacity, the reliability and stability of your Internet connection and its speed and bandwidth, or otherwise) and/or the consequences or effects on your mobile network, internet connection, their speed and/or bandwidth that may be caused by our Service.
B. Our Service and all materials delivered to you through our Service are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made by us and without our warranty of any kind whether express or implied, including but not limited to the expressed or implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of our Site, our Service, the Software and/or the Content and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
C. Our Service is provided subject to these TOS 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 under our Service; OR (ii) your inability to gain access in whole or in part to our Service due to the delay or failure of any communication networks or any party providing such access.
D. To the fullest extent permitted by applicable law, we and the providers of our Site, our Service, 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 Site, our Service, the Software and/or the Content, that our Service or your access to or use of our Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that our Service or the software or the device or the server that makes our Service available are free of viruses or bugs, or that the materials provided through our Service are functional, accurate, reliable. We further disclaim any representation or warranty that our Site, our Service, the Software and/or the Content will meet your requirements.
E. We shall not be in any way responsible for any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
F. To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:
(a) 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 Site, our Service, the Software and/or any Content;
(b) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether arising out of or in connection with your use or omissions, or conducts of any party in connection with or related to your use of our Service;
(c) any claim relating to any part of our Site, our Service Software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
(d) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, our Service, the Software and/or the Content;
(e) any disruption, suspension, delay, failure or discontinuation of our Site, our Service or our Service capacity (including but not limited to streaming capacity allocated by us for our Service), the Software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services;
(f) any infringement of intellectual property rights arising from your use of our Site, our Service, the Software, or the Content.
G. If, notwithstanding the other provisions of this Agreement, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Site, our Service, the Software or the Content, our liability shall in no event exceed Hong Kong Dollars HK$500.
H. This Section 11 will survive the termination or expiry of this Agreement and/or your use of our Service.
A. You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney fees) made by a third party, relating to or arising from:
(a) any violation by you of this Agreement;
(b) your use of our Site, our Service, the Software and/or the Content;
(c) the Content or information you provided ;
(d) any and all usage of your user account, whether or not such usage is expressly authorized by you;
(e) in connection with any dealings with you through our Service;
(f) your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees); and/or
(g) the personal information submitted by you.
B. This Section 12 will survive the termination or expiration of this Agreement and/or your use of our Service.
14. Force Majeure
We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, strikes, material shortages, riots, fires, flood, storm, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers. Upon the occurrence of a Force Majeure event, we are not obliged to performance of our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.
15. Ability to accept these TOS
A. You affirm that you are either 18 years old or above, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and bound by these TOS.
B. We provide these TOS with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these TOS and that you have agreed to them.
A. We have the sole discretion to interpret and determine these TOS.
A. Nothing in this Agreement, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of this Agreement or the Contracts (Rights of Third Parties) Ordinance (Cap 623) on any persons other than the user and our company and their respective successors and assigns.
B. If any provision of this Agreement becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from the Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
C. The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
D. We 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. You shall 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.
E. All notices and other communications hereunder to us shall be in writing or by email to email@example.com and shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by email (receipt confirmed), on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
F. All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS), WhatsApp or facsimile transmission; on the day on our Site, or on the third business day following mailing, if mailed to your address last notified to us.
G. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising therefrom shall be exclusively subject to the jurisdiction of the courts of Hong Kong.
H. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
Last Updated: 20 June 2017
TOS for Premium Users
Your acceptance of the following TOS shall take effect once you register to become our Premium User. You agree to be bound by these TOS (and its amendments, which will be posted on our Site from time to time for you to review regularly) in addition to the General Terms of Service – Big Big Channel http://www.bigbigchannel.com.hk/en/tos/#general_tos.
1. Account Application
You shall complete filling in all information as set out in the Premium User Registration Form (“Registration Form”), including without limitation, your Identity Card/Passport number and bank account information, in order to register as a Premium User. Acceptance of your registration is subject to our absolute discretion. We reserve all rights to require you to submit further details and documentation in support of the information and declaration provided by you in the Registration Form within such time and in such manner as notified by us from time to time. We may reject your registration or terminate your registration as a Premium User at any time without notice should you fail to provide complete, accurate, update and/or true information to us in a timely manner.
2. User Account Registration
Upon your registration as a Premium User, you will be holding both one (1) Basic User Account and one (1) Premium User Account at the same time. Upon termination of your Basic User Account, your Premium User Account will be terminated concurrently, and vice versa.
3. Your Content and Conduct
A. As our Premium User you may submit Content to our Service, including videos, photos, text, music, information and hosting live chat or performance. You understand that we do not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on our Service. You affirm, represent, and warrant that you own Content or have all the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to us all patents, trademarks, trade secrets, copyrights and/or other proprietary rights and/or other necessary rights in and to such Content for publication on our Service pursuant to these TOS.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with our Service and TVB Group member companies’ (including our and their respective successors’) business, including without limitation for promoting and redistributing part or all of our Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our Service a non-exclusive and royalty-free license to access your Content through our Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of our Service and under these TOS. You understand and agree, that we may retain server copies of your Content that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
D. You agree that some of Our Service is supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions within our Service or in conjunction with your Content, which may result in editing, changing and/or amending your Content. You also agree that we are not obligated to notify you the editions, changes and/or amendments made to your Content, or any changes made to the manner, mode and extent of such advertising and promotions.
E. You acknowledge that we may not always identify paid services, sponsored contents, or commercial communications as such used in or in conjunction with our Service.
F. You agree that you shall keep archive of your Content provided and you further agree that we are not liable to you for any loss or damage of your Content provided in any circumstances. You shall be responsible and at your own expense at all times for Content backup, storage and retrieval.
G. You further agree that Content you provided to our Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
H. You further agree that you will not submit to our Service any Content or other material that is objectionable under these TOS or in contrary to these TOS, applicable local, national, international laws or regulations.
I. You agree not to use our Site, our Service, the Software and the Content for the solicitation of business, or in the course of trade or in connection with a commercial enterprise or to solicit, for commercial purposes, any users of our Site without our express authorization.
J. We do not endorse any Content submitted to our Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
K. We reserve the right (but shall have no obligation) to decide whether your published Content or performance comply with the content requirements set out in these TOS and may remove such Content and/or terminate your right to publish any Content and/or right to perform which is in violation of the terms in these TOS at any time, without prior notice and at our sole discretion. In particular, we do not permit copyright infringing activities and infringement of intellectual property rights on our Service. Please read carefully our Copyright Policy http://www.bigbigchannel.com.hk/en/copyright for details.
L. You agree to indemnify and hold us harmless from any claim, cost or demand (including reasonable attorney fees) relating to or arising from your breach of any of your representations, warranties or agreements contained herein.
M. This Section 3 will survive the termination or expiration of this Agreement and/or your use of our Service.
4. Revenue Sharing
A. As Premium User, you are eligible to perform on our Service and to receive revenue sharing generated from your performances pursuant to the calculation method determined by us and provided to you separately, subject to the relevant terms and conditions.
B. You must enter payment information before you can receive your share of revenue. Your share of revenue balance must be equal to or above HK$1,000 before we will wire transfer the payment to you. Subject to the foregoing, we will wire transfer your share of revenue on a monthly basis. The calculation method of the revenue sharing is to be determined by us in our sole discretion.
C. You signify your agreement to be bound by our calculation and distribution method of the revenue share by registering as Premium User.
D. We reserve our right to amend such calculation and distribution method from time to time without notice. Unless as otherwise stated below, all amendments shall automatically be effective upon their issue and shall supersede any previous versions of calculation and distribution method. Your continued performance on our Service or remain as a Premium User after the amendment constitutes your acceptance of such amendment.
E. You agree that calculation of your revenue sharing as shown in each of our remittance advice shall be conclusive and binding upon you.
We may terminate or cease your registration as a Premium User, or delete or remove your submitted Content, or suspend your performance on our Site at any time without notice and without specifying reason. You agree that in no event shall we be liable for any damages or losses suffered by you, whether direct or indirect, and you expressly waive all claims against us, arising out of or in connection with the aforesaid cessation, termination or suspension.
If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
Last Updated: 20 June 2017
To ensure we get your application,
please do not close the window until you see the confirmation message.