Terms and Conditions of Use
Last Updated: 30 Jan 2018

The following terms and conditions of use (the “Terms of Use”) apply to your use of the Services (as defined in clause 1 below) provided by Asiaray Media Group Limited and its successors and/or its associated companies (collectively, “Our Company”). Please read carefully the Terms of Use before you use the Services. By using the Services, you are deemed to have read and agree to be bound by the Terms of Use. If you do not accept the Terms of Use, you must not use the Services.

Our Company reserves the right to change, modify and/or make addition to the Terms of Use at any time, and the updated version of the Terms of Use (the “Updated Version”) will be uploaded/posted on the Company’s website namely https://asiaray.com (“Our Company’s Website”). If you do not accept any Updated Version, you must cease to use the Services. You are obliged to review the Updated Version at Our Company’s Website regularly, and by using the Services following the posting of the Updated Version, you are deemed to agree to be bound by the Updated Version. Some of the Services (such as promotion activities) may be further subject to additional terms and conditions (“Additional Terms”), and by using such part of the Services, you are deemed to have agreed to be bound by the applicable Additional Terms. If you do not agree to the Additional Terms, you must cease using that particular part of the Services. If there is conflict between the Terms of Use and the Additional Terms, the Additional Terms shall prevail.

Our Company may change or discontinue (permanently or temporarily) the Services (in whole or in part) at any time and without giving notice to you, and in any case, Our Company shall have no responsibility or liability in relation to any modification or discontinuance of the Services.

  1. Description of the Services

    1. The Services mean the media platform(s) (including Our Company’s Website), application(s) (including mobile device application(s)), membership registration/registered user, personalization services, promotion, games and/or any other products/services currently provided by, and to be provided in the future by Our Company.

    2. Our Company may from time to time add new Service(s) or remove some of the Services as it may be necessary for the business development.

  2. Use of the Services and Restrictions

    1. If part of the Services shall only be specifically used by persons who are 18 years of age or above and you are under 18 (or person under disability), you shall not use that part of the Services until your parents or guardians have accepted the Terms of Use.

    2. You must pay all the fees chargeable by telecommunications services provider or internet services provider in your use of the Services, if required.

    3. Part(s) of the Services may require subscription or payment of fees (collectively, the “Service Fees”) to enable you to have access to, you agree to pay the Service Fees in advance before using that part of the Services. If you have failed to pay the Service Fees, Our Company will immediately terminate your right to use that particular part of the Services. Our Company reserves the right to adjust or revise the Service Fees or introduce new fees.

    4. Our Company may require you to register or register as member to use the Services or any part thereof, and you agree to comply with Our Company’s request for registration of information/personal data so as to use the Services or the relevant part thereof. You represent and warrant that all registration information or personal data provided by you through the Services are true, accurate and complete, and you agree that Our Company has the absolute discretion to refuse any registration application (e.g. involving any illegal act or abuse of use or incorrectness, inaccuracy and/or incompleteness of the registration information/personal data) or to immediately terminate your right to access to or use the Services or the relevant part of the Services. Please read “Privacy Policy Statement” of Our Company. Our Company will collect, use and process your personal data in accordance with the Personal Data Privacy Statements, and by using the Services, you are deemed to have read and agree to be bound by the Personal Data Privacy Statements.

    5. If you are issued with a login password (the “Login Password”) for access to or use of the Services, you agree not to disclose the Login Password to any third party nor to allow any third party to use the Login Password. You must keep secret of the Login Password and shall be solely responsible for all liability arising out of the activities/act done by your use of the Login Password. If you discover any improper use of the Login Password by any third party, you should notify Our Company immediately, but in any event, Our Company shall not have any legal liability due to any misuse of the Login Password.

    6. Our Company only allows you to use the Services for your personal use and non-commercial purpose, and you shall strictly comply with the Terms of Use (and the applicable Additional Terms) and/or all of Our Company’s instructions to use the Services.

    7. You agree and warrant not

      1. (a)

        to use the Services for any illegal purpose, or for the purposes of infringing third party’s rights (including but not limited to privacy and intellectual property rights), or adversely affecting Our Company’s reputation (or the reputation of Our Company’s business partners, sponsors, advertisers or content providers);

      2. (b)

        to reproduce, copy, sell, license, transmit, upload, publish/post, distribute, let, broadcast, modify, adapt, translate, create derivative works, reverse engineer or otherwise change or dispose of the Services (whether in whole or in part, including but not limited to any code, software, application, text, image or trademark);

      3. (c)

        to interfere or damage the Services (whether the contents, system or software) and also disrupt or obstruct the operation of the Services and to introduce a virus on the Services;

      4. (d)

        in furtherance of clause 2.7(a) hereof, to use the Services to upload, publish, distribute, post or make available any content that will infringe the intellectual property rights (including but not limited to copyright and trademark) or other proprietary rights of any third party;

      5. (e)

        in furtherance of clause 2.7(a) hereof, to use the Services to collect, use or store the personal data of any third party or any user for any purpose, nor to compile, repackage or otherwise use in contravention of the Terms of Use, distribute or provide to any third party any content, information or data obtained or extracted from the Services;

      6. (f)

        to assign or transfer your right or interest in the Services (including the right to access to or enjoy any paid service of the Services) to any third party, whether or not it is monetary consideration; and

      7. (g)

        in furtherance of clause 2.7(a) hereof, in the course of using the Services, infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by any third party or do/make any disturbing, threatening, violent and immoral act or any pornographic or defamatory comments, or any act involving engagement in any unlawful conduct which may harass or cause distress or inconvenience to any third party.

    8. You agree and understand that whenever you use the Services, Our Company will collect and use the technical data/related information and the information in connection with your device, system, application and software, including but not limited to Universally Unique Identifier (abbreviation UUID), location information, browsing record, device model no. and version so as to provide you with the software updates, product support and other services (if any).

  3. Submission of Contents

    1. Part(s) of the Services allows you to upload, post, add or provide contents/information (“Your Content”), and you represent and warrant that you are the sole owner and own the copyright and other intellectual property right of and in Your Content absolutely.

    2. You agree and warrant that your provision of Your Content through the Services:

      1. (a)

        will not contravene any applicable laws or regulations, will not infringe the intellectual property right or other right or interest of any third party (including but not limited to copyright, patent, trademark, privacy right or trade secret), and will not involve the personal data of any third party (including but not limited to name, identity card number, passport number, residential address, office address, email address or internet link/website); and

      2. (b)

        does not contain any content which is illegal/unlawful, offensive, threatening, violent, abusive, obscene or indecent, pornographic, immoral, defamatory or libelous, false, misleading, discriminatory or instigating (whether relating to racial, sex, family status or disability).

    3. You agree that you shall be solely responsible for Your Content that you upload, post, provide or otherwise make available via the Services.

    4. With respect to Your Content provided by you through the Services, you agree to grant an irrevocable, perpetual, worldwide, royalty-free, sub-licensable and unconditional right to Our Company to use, store, reproduce, copy, post, transmit, distribute, publish, publicly display/disclose, modify, translate and/or adapt (including creation of derivative works) Your Content (in whole or in part) in any manner on the Services, Our Website or the newspaper(s), publication(s), social media platform(s) and/or application(s) owned and/or operated by Our Company and other media platforms, websites or publications not owned by or belonging to Our Company, or for the purpose of promoting and advertising the Services and any other related purposes, without giving notice to you or attribution. You hereby irrevocably and unconditionally waive your moral right of and in Your Content or other right with respect to attribution of authorship regarding Your Content. You also agree to unconditionally grant other user(s) the right to access to or view Your Content through the Services. Our Company has the absolute discretion as to the use of Your Content for the above purposes, and has the absolute right to decide as to the use and publication of Your Content.

    5. You agree and warrant to indemnify Our Company and its directors, employees and agents from and against any and all cost, loss, damage, third party’s claims and expense arising out of the use of Your Content by Our Company.

    6. You agree that clauses 3.4 and 3.5 hereinabove shall survive your cessation of use of the Services.

    7. Our Company has absolute right to delete/remove or refuse Your Content at any time without giving notice or reason to you and without any legal liability and shall be entitled to claim against you for all loss suffered therefor.。

    8. If Your Content contains any personal data, Our Company will use your personal data in accordance with the Personal Data Privacy Statements.。

  4. Advertising or third party’s contents

    1. Advertising or Third Party’s Contents” means the contents, information or services provided by any person other than Our Company, and such person may include but without limitation to the advertiser(s), sponsor(s), business partner(s) or other content provider(s).

    2. The Services may include Advertising or Third Party’s Contents. Our Company does not control over the contents of the Advertising or Third Party’s Contents and no representations, warranties and endorsement as to the accuracy, completeness and/or reliability of the Advertising or Third Party’s Contents shall be given by the Company and shall not assume any liability in respect thereof. You agree and understand that the activities or transactions carried out by you upon your reliance on the Advertising or Third Party’s Contents are solely between you and such advertiser/third party, so you shall be solely responsible for the risks involving in such transactions and activities, and Our Company shall not be liable for any loss and damage of whatsoever nature in connection therewith.

    3. The trade description of goods or services specified in or applied to the Advertising or Third Party’s Contents is made by the advertiser or the related person, but not by Our Company.。

  5. Intellectual Property Rights

    1. Unless otherwise specified, the Services, and all of the contents contained or included in the Services (including but not limited to text, image, video, user interface, design, patent, trademark, service mark and business name), and the software or application used in the Services are the property of Our Company, its licensors, product/service suppliers and/or content providers, and are protected by intellectual property laws (including copyright, patent, trademark and/or other proprietary rights and laws).

    2. Where the Services contain downloadable software (the “Downloadable Software”) (such as mobile device application), you agree and warrant not to download, install nor use the Downloadable Software on or into any device that is not owned by you or is not in your lawful possession, nor to preload the Downloadable Software on any device or system which will be offered for sale or lease in the market. In addition, you agree and understand that Our Company has no obligation whatsoever to furnish any maintenance or technical support services with respect of the Services or the Downloadable Software.

    3. You acknowledge and agree that you do not own the Downloadable Software and applications by installed or downloaded by you through the Services.

  6. Links

    1. The Services (and the Advertising or Third Party’s Contents contained in the Services) may contain links (the “Links”) to the other website(s), application(s), device(s), system(s) or service(s) platform(s) operated or owned by third party’s companies (the “Third Party Platforms”). Our Company shall not be responsible or liable for the contents, product/services available at or operation of the Third Party’s Platforms, and does not endorse, recommend or warrant (whether express or implied) the contents, products/services or their quality provided at the Third Party Platforms, and you agree to bear the possible risks arising from having access to the Third Party Platforms.

    2. You shall read the terms of use and privacy policy applicable to such Third Party’s Platforms.

    3. You agree that Our Company shall not be responsible or liable for any direct or indirect loss and damage suffered by you due to the availability of the Links, or in connection with any transaction conducted by you (including but not limited to payment and purchase/service order) or any actions taken by you upon your reliance on or use of the Third Party Platforms.

  7. Disclaimer and Limitation of Liability

    1. The information/contents contained or provided in the Services shall only be for reference purpose, and shall not constitute any legal, financial, investment, securities, property, medical, other professional or transactional advice/suggestion, nor advice for any transaction or betting. Our Company shall not be responsible or liable for the omission, inaccuracy of, or outdated information/contents, and you agree to use the Services at your own risk.

    2. The Services are provided on an “as-is” and “as available” basis. To the fullest extent permissible by applicable law, you agree that Our Company disclaims all representations or warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose or non-infringement of the Services. No oral or written information provided by Our Company shall create a warranty, therefore you shall bear the risk in connection with your reliance on such information or advice.

    3. Our Company does not warrant nor represent that the Services is available or permissible for use in a place outside the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), and you agree to comply with all applicable local laws in use of the Services outside Hong Kong.

    4. Our Company makes no warranty nor representation that your use of the Services will not be interrupted or delayed, or the Services will be correct/accurate, timely, complete, reliable, error-free or without omission, or such error/omission will be corrected, or the Services and its related software, system, application, tools, Downloadable Software or server (collectively, “Services’ Related Programs”) will be free from viruses/bugs or defects, or the Services will meet your requirements or expectations. You agree that Our Company assumes no liability (whether tort or contract or otherwise) for any loss or damage arising from or in connection with any interruption, delay, viruses/bugs, defect (including but not limited to computer, the Services’ Related Programs or network system), errors, omission or the suitability, timeliness, completeness, reliability or effectiveness of the use of the Services or from any decision, action or non-action based on or in reliance on the Services and you agree to use the Service and/or the Services’ Related Programs at your own risk.

    5. Our Company makes no warranty nor representation that the quality, function and safety of the products, services or other items of thing purchased or acquired by you through the Services will meet with your requirement or expectation, and Our Company shall not be liable for any repair, maintenance or installation of the said products, services or other items of things (unless particularly specified otherwise). Our Company shall not be responsible or liable for any litigation, claims or demands arising out of the contents provided, submitted or uploaded by any user of the Services or any third party.

    6. 7.6 Our Company makes no warranty nor representation that the Services and/or the Services’ Related Programs will be compatible with all equipment (hardware or software) which you may use. You agree that Our Company shall have no liability in relation to any loss and damage caused to the relevant device (including but not limited to mobile phone and tablet computer), computer system, software, equipment, information, data or other properties suffered by you or any third party arising out of or in connection with your use, downloading, installation or access to the Services and/or the Services’ Related Programs, and you also agree to download, install or use the Services in any manner at your own risk. In any event, Our Company is not responsible or liable for any inability to obtain access to, or to use, the Services due to the delay, failure or omission caused by the relevant internet network or telecommunication service providers.

    7. Our Company is not responsible or liable to you for any loss and damage arising from or in connection with any delay, non-delivery/unavailability or interruption of the Services due to a Force Majeure Event. For the purpose of the Terms of Use, “Force Majeure Event” means any unforeseeable or unavoidable event or any circumstances over which Our Company has no control, including but not limited to hacker attack, illegal system invasion, virus infection, network problem, an Act of God, war, invasion, act of foreign enemy hostilities, civil war, rebellion, riots, civil commotion or strikes.

    8. Under no circumstances, including but not limited to negligence, Our Company shall be liable for any direct, indirect, compensatory, consequential, incidental, special or punitive damages or any damages whatsoever loss and damage arising out of or in connection with your use of the Services, inability to use the Services, submission of Your Content via the Services, the products/services obtained through the Services (including but not limited to lost profit, loss of data, loss of goodwill, business interruption or computer failure or malfunction), and you shall be solely liable for all the loss.

    9. To the fullest extent permissible by applicable law, you agree that the total liability of Our Company arising from the Services shall not exceed the total amount of the Services Fees you paid.

  8. Indemnification

    1. You agree to indemnify Our Company, its directors, employees and agents and hold Our Company, its directors, employees and agents harmless from and against any loss, damage, liability, cost (including but not limited to legal costs), or third party’s claim or demand arising from or in connection with your use of the Services, your breach of the Terms of Use, your provision of Your Content, your violation of any applicable law or infringement of third party’s rights (including but not limited to intellectual property rights).

  9. Termination

    1. If you do not agree or accept the Terms of Use, your right to use of the Services will be terminated without notice to you.

    2. Upon happening of any of the following event, Our Company has the absolute right to terminate, suspend or limit your use of the Services or any part thereof (including but not limited to closure or deletion of your registered account/Login Password) at any time and without giving notice or reason to you;

      1. You have breached or have not complied with any one or more of the terms of the Terms of Use;

      2. You have misused Services or abused the use of the Services;

      3. You have failed to pay the Service Fees or any amount payable by you;

      4. Happening of any Force Majeure Event; or

      5. At any time or in any circumstance that Our Company thinks fit.

    3. Our Company shall have no responsibility or liability in relation to any termination, suspension or limitation of your use of the Services or any part thereof for whatever reasons. You are not entitled to make any claims or demands of any kind whatsoever against Our Company, nor to a refund of the Service Fees paid by you (if any).

  10. Others

    1. Nothing in the Terms of Use and provision of the Services, express or implied, are intended to or shall confer upon any person, other than you, any right, benefit or remedy of any nature whatsoever. Any person (other than you) shall have no right to enforce any term of the Terms of Use pursuant to any law and/or any legislation which is currently, or will be, enacted, amended or implemented.

    2. Our Company has the right to assign or transfer any of its rights or obligations in the Services and/or under the Terms of Use to any third party without giving notice to you.

    3. If any clause of the Terms of Use (or any part thereof) is found to be wholly or partially invalid or unenforceable for any reason or in violation of any applicable law, such clause (or the relevant part thereof) shall be deemed deleted, and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use (or the remaining part of the affected clause), which shall continue to be valid and binding.

    4. Our Company’s delay or failure to exercise any of its rights under the Terms of Use shall not be considered as a waiver of Our Company, and shall not preclude Our Company to further exercise such rights in the future.

    5. The Terms of Use shall be construed in accordance with and governed by the laws of Hong Kong, and Hong Kong court has the exclusive jurisdiction to resolve the disputes of the Terms of Use and the Services.

    6. If there is any inconsistency or conflict between the English version and the Chinese version of these Terms of Use, the English version shall prevail.