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TERMS OF SERVICE
Welcome to i-CABLE Mobile -- www.i-cablemobile.com (the
"Site" or "Mobile Download") operated
by i-CABLE. i-CABLE
provides its services to you subject to these terms and
conditions, which are subject to changes from time to time
without further notice. Your continued use of this Site
after any such changes constitutes and shall be deemed to
constitute your acceptance of the new terms. These terms
and conditions however apply exclusively to your access
to, and use of, this Site. Other i-CABLE websites or services
are subject to other terms or conditions of agreement applicable
to such websites or services.
Certain services available in the Site, including music
download and streaming, are restricted to users within the
territory of the Hong Kong Special Administrative Region.
Further, you understand and agree that i-CABLE provides
the Site, and the information, services, products and materials
through it on an "as is" and "as available"
basis and that i-CABLE assumes no responsibility for their
accuracy, validity, timeliness, completeness, reliability,
or usefulness. i-CABLE reserves the right at any time and
from time to time to modify or discontinue, temporarily
or permanently, any content of or services or products available
from the Site. You agree that i-CABLE shall not be liable
to you or any third party for any modification, suspension
or discontinuance of such content.
| 1. |
SITE ACCESS |
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Subject to these terms and
conditions, you are given a limited licence to make
personal use only of the Site and any content found
thereon. You agree not to (a) reproduce, copy, duplicate,
sell, resell or exploit for commercial purposes any
of the content of the Site; (b) collect and use any
product listings or descriptions contained in the Site;
(c) make derivative uses of the Site and its contents;
or (d) use any data mining, robots or similar data gathering
and extraction methods. The use of this Site does not
give you any right or licence by implication, estoppel
or otherwise in or under any patent, trademark, copyright
or proprietary right of i-CABLE or any third party. |
| 2. |
PRIVACY POLICY |
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Your personal data which
i-CABLE has collected when you visit certain pages or
services of this Site are subject to i-CABLE's Data
Privacy Policy Statement. You are advised to see the
full policy statement at http://www.i-cable.com/e-privacypolicy.html. |
| 3. |
USER CONDUCT |
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In using this Site, you agree:
- not to disrupt or interfere with the security
of, or otherwise abuse, the Site, or any services,
system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated
or linked Web sites;
- not to disrupt or interfere with any other user's
use of or access to the Site or affiliated or linked
Web sites;
- not to upload, post or otherwise transmit through
or on this Site any viruses or other unlawful, harmful,
abusive, vulgar, defamatory, disruptive or destructive
files;
- not to upload, post or otherwise transmit through
or on this Site any materials that you do not have
a right to make available under any law or under
contractual or fiduciary relationships, or which
infringe any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
- not to use or attempt to use another’s account,
service or system without authorisation from the
rightful owner, or create or use a false identity
on this Site; and
- not to attempt to obtain unauthorized access
to the Site or portions of the Site that are restricted
from general access.
In addition, you agree that you are solely responsible
for actions and communications undertaken or transmitted
under your account, and that you will comply with
all applicable local, state, national and international
laws and regulations that relate to your use of or
activities on this Site.
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| 4. |
LINKING |
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The inclusion of any hyperlinks in this Site does
not imply affiliation, endorsement or adoption by
i-CABLE of the site or any page or information contained
therein. When you access to any of these linked sites,
you do so at your own risk. i-CABLE makes no claim
or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of
sites accessible by hyperlink from this Site, or sites
linking to this Site. You acknowledge and agree that
i-CABLE has no control over the linked sites and is
not responsible or liable for any content, advertising,
products, services, or other materials on or available
from such linked site or any hyperlink contained in
a linked site, or any review, changes or updates to
such sites. You further acknowledge and agree that
i-CABLE shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with any use of or
reliance on any such content, advertising, products
or other materials on or available from such linked
site or any hyperlink contained in a linked site,
or any review, changes or updates to such sites. When
you access to any of such linked sites, i-CABLE's
terms and policies no longer govern, and you should
review the applicable terms and policies, including
privacy and data-gathering practices, of that site.
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| 5. |
DEALINGS WITH ADVERTISERS |
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Advertisers assume full liability for the content
of advertisements published in the Site. Your correspondence
or business dealings with advertisers found on or
through this Site are solely between you and such
advertiser. You agree that i-CABLE shall not be responsible
or liable for any loss or damage of any nature incurred
as a result of such dealings or as the result of the
presence of such advertisers on the Site.
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| 6. |
COPYRIGHT |
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- Most materials of and on the Site are protected
by copyright and other intellectual property laws.
Examples of these materials are content, text, graphic,
animation, music and sounds on the Site, mini-programs
and executable codes, designs and layout of the
Site, "look and feel" of our system, and
the name of our system. This however is not a complete
list.
- These are subject to the copyright of i-CABLE
and/or other third parties and all rights are hereby
reserved. Except as stated herein, none of the materials
may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording
or otherwise, without the prior written permission
of i-CABLE or the respective copyright owner.
- You will be fully responsible for any infringement
of copyright or other intellectual property rights
of us or any third party.
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| 7. |
TRADEMARKS |
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All logos and marks of i-CABLE
and the products and services described
or available in this Site, are either logos, trade marks,
service marks or
trade names (whether registered or not) of i-CABLE and
its advertisers,
suppliers and licensors. All page headers, custom graphics,
button icons and
scripts are service marks and/or trade marks of i-CABLE.
You agree not to
copy, display, imitate or use, in whole or part, any
of such marks, page
headers, custom graphics, button icons and scripts without
the prior written
permission of i-CABLE. |
| 8. |
INDEMNIFICATION |
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You agree to indemnify and
hold harmless i-CABLE from any claim, action, demand,
loss or damages (including legal costs) made or incurred
by any third party arising out of or relating to your
conduct, your violation of these terms and conditions,
or your violation of any rights of a third party. |
| 9. |
DISCLAIMER OF WARRANTIES |
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YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: -
- i-CABLE PROVIDES THIS SITE AND THE INFORMATION,
SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH
IT ON AN "AS-IS" AND "AS AVAILABLE"
BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE
IS AT YOUR SOLE RISK.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, i-CABLE
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM i-CABLE OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY UNLESS OTHERWISE
EXPRESSLY STATED HEREIN.
- ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE,
IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH CONTENT, DATA AND/OR SOFTWARE.
- i-CABLE DOES NOT MAKE ANY WARRANTY THAT THIS SITE
OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT
THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL
BE CORRECTED. i-CABLE DOES NOT REPRESENT OR WARRANT
THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED
BY i-CABLE VIA EMAIL OR OTHER MEANS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES
i-CABLE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF i-CABLE OR ITS CONTENT
OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
- i-CABLE DISCLAIMS ANY WARRANTY OR REPRESENTATION
THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED
THROUGH THIS SITE WILL BE MAINTAINED.
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| 10. |
LIMITATION ON LIABILITY |
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TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO
CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE,
SHALL i-CABLE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS
OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING i-CABLE Mobile OR RELATED
SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR
IN CONNECTION WITH THE USE OR INABILITY TO USE THIS
SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE,
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION
THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES, EVEN IF i-CABLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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| 11. |
TERMINATION |
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Notwithstanding any of these terms and conditions,
i-CABLE reserves the right, without notice and in
its sole discretion, to terminate your licence to
use this Site, and to block or prevent future access
to and use of this Site.
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| 12. |
SEVERABILITY |
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Notwithstanding any of these terms and conditions,
i-CABLE reserves the right, without notice and in
its sole discretion, to terminate your licence to
use this Site, and to block or prevent future access
to and use of this Site.
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| 13. |
APPLICABLE LAW |
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These terms and conditions shall be governed by and
construed in accordance with the laws of The Hong
Kong Special Administrative Region. You agree that
any action at law or in equity arising out of or relating
to these terms and conditions shall be filed only
in the courts of The Hong Kong Special Administrative
Region, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of
such courts over any suit, action or proceeding arising
out of these terms and conditions.
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