Updated 17 July 2017

Please read the following terms and conditions (this “Agreement”) carefully before accessing and using any materials contained at www.lkf.tv (“our Site”) and/or other media platforms and/or applications (collectively, the “Service”) which are derived in whole or in part by LKF Media Ltd. (“LKF”, "We" or "Us"). By (a) registering as a member of lkf.tv; (b) registering as a user of the Service; or (c) using the Service, you agree to be bound by this Agreement.

We reserve our right to modify any part of this Agreement at any time by posting the modified version on our Site. Unless as stated below, all modifications shall automatically be effective upon posting on our Site. You agree to review this Agreement regularly to ensure that you are aware of any modifications.
 

  1. Your Obligations
    1. You may only access the Service 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.
    2. Unless with our prior written permission, you agree not to (i) use the service/information provided in the Service for any illegal purpose or in any manner inconsistent with this Agreement; or (ii) use the Service on any device that you do not own or control; or (iii) preload the Service in any device and promote, sell, circulate or distribute such device in the market; or (iv) reproduce, duplicate, copy, reverse engineering sell, resell or otherwise exploit, any portion of the Service or use it for any other purpose; or (v) 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, programme contents and video clips, code and software) from the Service for any other purpose.
    3. You agree to use the Service in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service by any third party. Such restriction or inhibition includes: any disturbing, 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 follow of dialogue and/or interactive mode via the Service.

       
  2. Privacy Data Collection
    • We will apply and comply with the laws and principles of the Personal Data (Privacy) Ordinance (Cap 486) (the “Ordinance”) of the Laws of Hong Kong Special Administrative Region of China ("Hong Kong") when processing your personal information. For details please refer to our Privacy Policy posted on our Site.  

       
  3. Intellectual Property Rights & License
    • The Service is 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 trade mark laws). All rights in the content of the Service are owned or controlled by us or respective licensors.
      1. Our names, images, logos and those of third parties and their products and services are our proprietary marks and such third parties respectively.
      2. Software Applications & programmes from the Service (the "Software")
        We 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 your accessing of the Service in accordance with the terms in this Agreement and any software license of the Software but not further or otherwise.
      3. Copyright 
        You agree that we own and retain all rights to the Service, our Site, the Content, and you acknowledge that the Service, our Site, 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 the Service, our Site, the Content in compliance with the terms of this Agreement.
        "Content" in this Agreement shall mean any content including but not limited to any still picture, voice, moving images, whether animated or otherwise, video, text, articles, editorial works, data, information and/or other material or goods that may be accessed through or on the Service or our Site.
      4. Nothing you do on or in relation to the Service, our Site, the Content, the materials contained in the Service or our Site, 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.
      5. By submitting any content (save and except your personal information) to us, you have irrevocably assigned to us all of your copyright and interest in such content, and that you have agreed to grant to us the right to use and to distribute such content for whatever purposes without your consent or payment of any fee to you. You are solely responsible for any content posted by you. While we do not and cannot review any content posted by you, we reserve our right to delete, remove or edit your content that it, in our sole discretion, is defamatory, obscene, abusive, infringes any intellectual property rights, or otherwise unacceptable.
      6. This clause 3 will survive the termination or expiry of this Agreement and/or your use of the Service.

         
  4. Disclaimer of Warranties & Limitation of Liabilities
    • All materials in the 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 implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You agree that your use of the Service, the Software and/or the Content and/or 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.
      1. The Service is provided subject to this Agreement 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 the Service; OR (ii) your inability to gain access in whole or in part to the Service due to the delay or failure of any communication networks or any party providing such access.
      2. We do not warrant that the functions or material contained in the Service 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.
      3. In no event shall we be liable for any damages, whether direct or indirect, or consequential damages, whether in action of contract, negligence, or other tortuous action, 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 the Service.
      4. We make no representation that materials in the Service are appropriate or available for use outside Hong Kong. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
      5. To the fullest extent permitted by applicable law, we and the providers of the 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 the Service, the Software and/or the Content, that the Service or your access to the Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure. We further disclaim any representation or warranty that the Service, the Software and/or the Content will meet your requirements.
      6. 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.
      7. 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 the Service, the Software and/or any Content;
          1. 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;
          2. any claim relating to any part of our Site, the Service and/or Software or Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available)
          3. any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, the Service, the Software and/or the Content;
          4. any disruption, suspension, delay, failure or discontinuation of the Service or the service capacity (including but not limited to streaming capacity allocated by us for the Service), 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
          5. any infringement of intellectual property rights arising from your use of our Site, the Service, the Software, or the Content.
      8. 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, the Service, the Software or the content, our liability shall in no event exceed the greater of (i) total Fees paid by you to use for the immediately preceding twelve months prior to any incident giving rise to a claim; or (ii) Hong Kong Dollar HK$1,000.
      9. This clause 4 will survive the termination or expiry of this Agreement and/or your use of the Service.

         
  5. Indemnification
    • You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney's fees) made by a third party, relating to or arising from:
      • any violation by you of this Agreement;
      • your use of our Site, the Service, the Content and/or the Software;
      • the contents or information you provided;
      • any and all usage of your user account, whether or not such usage is expressly authorized by you;
      • in connection with any dealings with you through the Service;
      • 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
      • the personal information submitted by you.


    This clause 5 will survive the termination or expiration of this Agreement and/or your use of the Service.

     

  6. Account Registration
    • You may register a user account before accessing the Service. You must set up a user ID and password for such purpose.
      1. You must attain 18 years old or above in order to set up an account. If you are under 18 but at least 13 years old, you may still be admitted to the Service via a user account created and registered by your parent or legal guardian and with their permission.
      2. You must use your user ID and password properly, and you shall take every necessary measure in order to ensure their confidentiality and security. Any use of the Service by any party who uses your user account will be treated by us as used by you. You may be held liable for losses incurred by us or any other third party due to someone else using your user ID or password, or breaching any security measures, as a result of your failing to keep your account information secure and confidential. We will not be liable for any loss or damages arising from your failure to comply with these obligations.
      3. You agree to notify us immediately of any unauthorized use of your user ID or password or any other breach of security.
      4. You should not use other person's login ID, password or account at any time without the express permission and consent of the holder of that ID, password or account.
      5. Records on your participation in any activities or services will not be deleted after termination of your user account.
      6. We reserve the absolute discretion to refuse your application or registration.

         
  7. Your Use of the Service
    1. You shall abide by all applicable laws, this Agreement and any other operating and/or usage rules applicable to the Service and the content, as amended from time to time. You agree that any person who uses the Service and the Content registered under your name (whether or not approved by you) shall be deemed to be your use of the Service and the Content.
    2. You agree that:
      1.  the Service and the Content are for your private viewing and not to allow or enable the Service and the Content to be broadcast, exhibited, used, accessed or made available to any person in any place (including but not limited to public and commercial settings) or for any commercial use.
      2. not to and not to allow any person collect money or other consideration for the use or access of the Service and/or its content under any circumstances.
      3. to be responsible for any costs you incur to access the Service and Internet connection.
      4. to abide by all relevant laws of Hong Kong and any operating and/or usage rules, as amended from time to time.
      5. that unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement.
      6. Your use of different web pages and/or applications linked to the 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 this Agreement and will prevail over this Agreement if there is any inconsistency regarding your use of those web pages and/or applications.
    3. You are not allowed and you shall not permit any party to:
      1. download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on the Service or the Content or display the Service or the Content or cause the 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 the Service or the Content, whether by actual commitment or procurement or by any means (including without limitation Internet) without our prior written consent;
      2. use the Service, the Software, the Content and/or our Site or any illegal purpose or for any use not explicitly provided under this Agreement;
      3. modify, adapt, digitalize, encode, reformat, compress, decipher, retrieve, interfere or in any way or manner control the signal of the Service or the Content, including the output signal of a device;
      4. sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, the Software and/or the Content or any part thereof;
      5. 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 the Service or the Content, and/or the Software;
      6. hack, break into, or attempt to hack or break into the 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 the Service or the Content which you are not authorized to login;
      7. implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
      8. obstruct or interfere with the Service or servers or networks connected to the Service, or restrict or inhibit any person to use the Service;
      9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any contents transmitted through the Service;
      10. remove any copyright, trademark, or other proprietary rights notices contained in the Service, the Software, the Content and/or our Site;
      11. permit any minors from viewing those Content and/or use any part of the Service which is not suitable for viewing by minors;
      12. collect information of other users of the Service;
      13. download or make use of any of the Service, Software, Content, applications or other materials: (a) in any device and promote, sell, circulate or distribute such device in the market, or (b) for any commercial purpose or usage, or (c) for purposes other than private viewing on your personal, authorized device.
    4. You should not 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.
    5. When you use the Service with your network bandwidth service, your network bandwidth may be reduced. As your use of the 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.

       
  8. Termination
    1. If this Agreement is not accepted or performed in full by you, your access to and use of the Service will be terminated immediately.
    2. We have the right to issue you notice in the following cases for immediate termination, restriction or suspension, in whole or in part, of the Service you subscribed:
      1. there is any suspected or actual breach by you of any term of this Agreement; or
      2. we cease to have the right to provide the Service; or
      3. we are required under the relevant laws or regulations to cease providing you with the Service; or
      4. any contingencies which disable us to provide the Service.
    3. Other than the aforesaid situations, we may terminate, suspend or restrict your use of the Service for other reasons by giving you not less than 15 days prior notice.
    4. We may terminate, suspend or restrict your subscription of the Service at our own sole discretion, and we will not be responsible to you or any third party for any damages that may arise from such termination, suspension or restriction.
    5. Upon termination of your account, all access to the Service, 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 this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

       
  9. Our Rights
    We may at any time without notice:
    1. expand, reduce and/or modify the whole or any part of the Service or any Content;
    2. deactivate the whole or any part of the Service to carry out system maintenance, upgrading, testing and/or repairs;
    3. limit or suspend your access to the whole or any part of the Service if we believe that such action is appropriate due to your improper use of the Service or breach of any term of this Agreement;
    4. suspend your access to the Service if after your registration as a user, you have not used the Service for at least 6 consecutive months; or
    5. refuse to provide the Service to you if you fail to successfully download and install the Software.

 

  1. Third parties' contents, links and advertisements
    1. The Service or our Site may contain materials from third parties and/or hyperlinks to third party websites, and part of the service and/or content of the Service and/or our Site may be supplied or supported by third parties. We make no representation about, 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 the Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks.
    2. We have no control over any third party websites linked to the 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 the Service or our Site (including without limitation sites linked through advertisements). Some links which appear on the 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.
    3. Any of your correspondence or dealings with any third party through the Service or the sites or mobile applications are solely correspondences and transactions between you and such third party, and any of your participation in the promotions of advertisers on any third party websites are solely between you and such third party. We shall not be liable or responsible for any loss or damage whatsoever and howsoever incurred as a result of any such transactions or dealings (including payment, supply of goods /services, relevant terms and conditions, warranties, declarations, etc.,) or arising from the use of our services and those linked sites or applications. 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 the Service or our Site.

       
  2. 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 further performance of our obligations for so longs 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.

     
  3. General
    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 this Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
     
    1. The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
    2. 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.
    3. All notices and other communications hereunder to us shall be in writing or by email to info@lkf.tv or by mail to c/o LKF Media Ltd., 20/F., On Hing Building, No. 1 On Hing Terrace, Central, Hong Kong, Attn: Legal Department, and shall be deemed to have been duly given when sent, if transmitted by email (receipt confirmed) during our normal business hours, on the third business day following mailing, if mailed by certified or registered mail, postage prepaid from time to time.
    4. 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; on the third business day following mailing, if mailed to your address last notified to us.

       
  4. Interpretation and Modification
    We have the sole discretion to interpret and determine this Agreement.
    1. We have the right to modify this Agreement posted without prior notice. Please keep yourself updated by regularly viewing the Service. Your use of the Service following the posting of any changes to this Agreement will constitute your acceptance of such changes.
    2. If there is any conflict between this Agreement and rules and specific terms of use appearing on the Service relating to specific material then the latter shall prevail.
    3. 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.
    4. If there is any inconsistency or conflict between the English and Chinese versions, the English version prevails.