now.com Terms of Use

  1. Your acceptance
  1. Please read these Terms of Use carefully as they apply to your use of this Website and any services and Content provided to you on, from or through the Website (“Service”). By accessing or using the Service, you agree to be bound by (i) these Terms of Use (ii) our Privacy Policy Statement, found at http://www.pccw.com/legal/privacy.html which forms part of these Terms of Use by reference and (iii) if applicable, Disclaimers and Copyright Notices, found at http://now.com/images/html/service/cp_copyright.html which form part of these Terms of Use by reference.
  2. We may revise these Terms of Use from time to time by updating this posting. The revised Terms of Use will take effect when they are posted.
  1. Service
  1. We technically operate the Service. However, we exercise no editorial control over some of the Content in the Service and in some cases other person(s) provide the Content in the Service or operate parts of the Service or other Internet websites you may view or access through the Service (“Third Party Provider(s)”).
  2. Through the feature “Social Hub”, you may access the public posts of the Facebook pages of others.  For the avoidance of doubt, Facebook, the Like button, the Share button, the “f” logo  are all trade marks and trade names and properties of Facebook.
  3. You acknowledge that we do not have any responsibilities to any of the posts and/or comments made by other third parties to the Facebook pages linked through the Service, and that by linking to these Facebook pages does not mean that we endorse in anyway the contents of such posts in the relevant Facebook pages.
  4. You acknowledge that your use of some parts of the Service may be governed by additional terms of use. Where this is the case, you will be notified accordingly, and those additional terms of use:
  1. will apply to your use of such service in addition to these Terms of Use; and
  2. will prevail over these Terms of Use to the extent of any inconsistency.

  1. Service Update
  1. You acknowledge that we may, in our sole discretion and with or without notice,
  1. vary the Service or any part of the Service; and
  2. modify or discontinue this Service or any part of the Service without notice.
  1. Content
  1. You acknowledge that the Content in the Service is protected by copyright and possibly other intellectual property rights. Unless you are expressly authorized you must not by yourself or permit any other person to:
  1. sell, reproduce, distribute, transmit, modify, display, publicly perform, prepare derivative works based on, repost, rebroadcast, retransmit or otherwise use any of the Content in any way for any commercial, promotional or public purposes without our prior written consent; or
  2. use any Content on any other website or in a networked computer environment for any purpose ; or
  3. reverse engineer any Content consisting of downloadable software; or
  4. otherwise infringe the intellectual property rights subsisting in the Content.
  1. Nothing you do on or in relation to the Service will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly stated.
  1. Your Use of the Service
  1. You must not:
  1. disrupt or interfere with the Service or servers or other software, hardware or equipment connected to or via the Service;
  2. violate any laws and regulations relating to your use of the Service;
  3. use the Service for any illegal purpose or in any manner inconsistent with any Terms of Use;
  4. use it for any commercial use and benefit, or resell or transfer or dispose to, or use by or for the benefit of any other person or entity, or
  5. collect or store personal data about other users of the Service.
  1. In some cases you may contribute content to the Service.
  1. Where you contribute any content to the Service, you will only contribute content which does not infringe or violate someone else’s rights (including intellectual property rights) or otherwise violates the law.
  2. In particular, any content that you contribute must not be obscene or defamatory.
  3. For any content that you contribute, you grant us a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use such content.
  4. You acknowledge that we have the sole discretion to remove any of the content you have contributed to the Service should we find it in violation or in conflict with any of the Terms of Use.

  1. Third Party Providers
  1. You acknowledge that parts of the Service including the Content may be provided or maintained by Third Party Providers and not by us.
  2. Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
  1. Links and Advertisements
  1. We are not responsible for the content or accuracy of any off-website pages or any other websites linked to the Service (including without limitation websites linked through advertisements or through any search engines).
  2. We are not responsible for the content or accuracy of any posts in the Facebook pages which may be linked or embedded to the Service.  Should you find the contents of any of the said posts in the linked Facebook pages infringing your rights, you may report to our customer service by pccwmediaiapps@pccw.com and we will remove such posts as soon as practicable.
  3. Some links which appear on the Service 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 websites or any products or services in connection therewith, and you use the links at your own risk.
  4. Your correspondence or dealings with, or participation in promotions of, advertisers on the Service or websites linked to the Service are solely between you and such advertisers.
  5. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Service or websites linked to the Service.
  1. In some cases, we may collect information and content that you have provided to other websites for display and use in the Service.
  1. The Use of the Service Is At Your Risk
  1. You use the Service at your risk and you acknowledge that we are not responsible for any loss or damage howsoever incurred by you in relation to your access to the Service and use of the Service and/or Content. You must evaluate and bear all risks associated with the use of any Content including reliance on the timeliness, accuracy, completeness or usefulness of any Content. All information provided on or via the Service is for information purposes only. You should seek your own independent advice with respect to any Content.
  2. We endeavor to provide an informative and functional service, but we do not guarantee that any Content will be timely, error-free or that the Service or the server that operates it is free of viruses or other harmful components.
  3. Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
  4. If your use of the Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
  1. Without limiting the above provisions, everything on the Service is provided to you "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness or suitability for a particular purpose, non-infringement, or results obtained by using or relying on the Service. We exclude all representations and warranties to the fullest extent permissible under any applicable law.
  1. Indemnity
  1. You agree, at your own expense, to indemnify, defend and hold the PCCW Group harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal and expert fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for the use of the Service; (ii) breach of any Terms of Use by you or anyone using your computer. You agree to pay any and all costs, damages, and expenses, including, but not limited to reasonable legal fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
  1. Exclusion of Liability
  1. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE (SUCH AS, BUT NOT LIMITED TO, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS ON THE SERVICE OR ANY PROVISION OF ANY TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS.
  2. If a jurisdiction does not allow the exclusion of warranties or liability in accordance with paragraph 8(e) and paragraph 10(a) but allows limitations of a certain maximum extent then we limit our warranties and liability to that extent.
  3. Without limiting the above provisions, to the extent permitted by law, our aggregate liability to you, arising from or in connection with your use of or inability to use the Service, based on any claims or actions is limited to Hong Kong One Hundred Dollars (HK$100).
  1.  Privacy Policy Statement

When you access and/or use the Service, you agree to be bound by our Privacy Policy Statement accessible at http://www.pccw.com/legal/privacy.html, which forms part of these Terms of Use by reference. 

12.  Cookies and other information

  1. During your use of the Service, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter or otherwise interfere with any cookies and related data sent to or request from your computer as a result of your use the Service.
  2. We may collect other non-personal information from you during your use of the Service for analysis purposes; such information may be provided to third parties for similar purposes.

13. General Provisions

  1. We can transfer our rights and obligations under these Terms and Conditions to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.
  2. If any part of these Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and where appropriate be severable from these Terms of Use and the remainder will remain in full force and effect.
  3. These Terms of Use will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the court of Hong Kong.
  4. You agree to indemnify and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from your access to the Service and/or use of the Content or your breach of these Terms of Use.
  5. If these Terms of Use are available in both English and Chinese, the English version shall prevail.
  1. Definitions

"Content"        includes materials and information that you may see, read, hear, download or access on or via the Website (including but not limited to messages, files, data, software, images, photographs, videos, audio recordings, sounds, illustrations, texts and other materials).

"Hong Kong"         means the Hong Kong Special Administrative Region of the People's Republic of China.

“PCCW Group”

or “PCCW”         means PCCW Limited and its subsidiaries, affiliates and associated companies.

"We" or "us"

or “ours”         refer to PCCW Media Limited.

version : 2014/06_001