Terms of Use

Welcome to achow.tv. These are our terms and conditions (“Terms”) for use of achow.tv (“Site”) which you may access in several ways, including but not limited to the World Wide Web via achow.tv, digital television, PDA, mobile phone and RSS feeds. In these Terms, “we”, “us”, “our” or achow.tv refers to Kim Ching Tin Limited, and “you” or “your” refers to you as the user of the Site. By accessing, the Site, or registering as a member, or any other feature, you agree to be bound by these Terms and our Privacy Policy.

We reserve the right to modify these Terms from time to time at our sole discretion and without your consent. Any revised terms and conditions will be applicable at the time of posting on the Site. Your continued use of the Site following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.

Acceptance, Change or Termination


By accessing the Website or using the Services offered by the Website in any manner, you become a Site user ("User" or "you"). You may not use the Site without agreeing to the terms and conditions set out in this Terms of Use along with our Privacy Policy and other procedures that are and may be published on the Site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you and liability for such change. Your use of the Site constitutes (and will be treated by us as acceptance) of the terms and conditions set out herein and posted on the Site. We reserve the right, at our sole discretion and without prior notice and any liability, to modify or replace these Terms of Use, any other policies/procedures or change the Site, stop providing the Site, applications or Services, create usage limits for the Site, or change, improve or correct the information, materials and descriptions on the Site at any time for any reason. We may permanently or temporarily terminate or suspend your access to the Site and/or remove any of your content without notice and any liability, for any reason, including if in our sole determination you violate any provision of these Terms of Use or any other policy or procedures. Upon termination for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that Site and its subsidiaries and affiliates, including their respective directors, officers, members, employees and advisors, will not be liable to you or to any third party for any such modification, suspension or discontinuance.


User Conduct Guidelines


Notwithstanding anything to the contrary, you acknowledge and agree that (i) Site permits the posting of messages by Users only and such function may not be used by Users in connection with any commercial endeavors, (ii) User shall not post offensive, illegal, harmful, threatening or personally identifying content on or through the Site, including the following types of content, as determined by the Site in its discretion that is (a) patently offensive content and/or content that may promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (b) harasses or advocates harassment, (c) solicits personal information from another User, (d) promotes information that User know is false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous, offensive, fraudulent, unlawful, threatening, disingenuous, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (e) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, and/or (f) contradicts the purpose of permitting prospective investors to an offering to share concerns, ideas or personal opinions regarding a prospective offering.

No Representations or Warranties

The Site makes no representation or warranties as to the completeness or accuracy of the information posted on the Site or any third-party. To the maximum extent permissible by applicable law, Site assumes no liability or responsibility whatsoever for any errors or omissions in the content on the Site. The Site does not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site, and has not performed any investigation into such information. The Site shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. The Site is entitled to rely upon the information provided by its users.

Digital Millennium Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright(s) owner ("Complaining Party") should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
  • A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

  • Identification of the copyrights claimed to have been infringed;

  • Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

  • Identification of the material that is claimed to be infringing the Complaining Party's copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;

  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

  • A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) ("DMCA"), Site's Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.

Designated Agent for Claimed Infringement:

You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party. Please note that this procedure is exclusively for notifying Site and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to cs@achow.tv. Site may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.

Intellectual Property

All content and images on the Site are either the property of, or used with permission by Site. The use of the content or images by you or anyone authorized by you, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content on the Site, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses the Site. No compensation will be paid with respect to our use such content. Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Site.

The trademarks, logo and slogans displayed on the Site, (collectively the "Trademarks") are owned by the Site and others. Nothing on this Site should be construed as granting any license or right to use the Trademarks without written permission of Site or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law.

Disclaimer of Liability

Your use of the Site is solely at your own risk. Without limiting the generality of the foregoing, everything on the Site is provided to you "as is," "as available," and "when available" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Site assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Third-Party Sites

The Site may contain links to third party websites ("Third-Party Sites"). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Site of any information, materials, products, or services contained in or accessible through any Third-Party Site. In no event shall Site be responsible for the information contained on any Third-Party Sites or your use of or inability to use any Third-Party Sites. You acknowledge and agree that Site shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party websites or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY SiteS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SiteS OR AVAILABLE THROUGH THIRD-PARTY SiteS, IS SOLELY AT YOUR OWN RISK AND DISCRETION. Your access and use of the Third-Party Sites are governed by the Terms of Use and Privacy Policies of these Third-Party Sites. We strongly encourage you to carefully review the Terms of Use and the Privacy Policies of any Third Party Services from which you access through our Site.

Indemnification

To the fullest extent permissible by law, you agree to indemnify, defend and hold the Site and any of its affiliates, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use or any other policy or procedure posted on the Site by you or arising from your use of the Site. The Site reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Site in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Site.

Notification Procedures

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.

Communications

You agree that Site may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your Account. You agree to notify us of any changes in your address or contact details. Site may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. You agree that any information that you transmit to the Site in any manner including, but not limited to, pictures, videos, questions, comments, suggestions, website addresses and links to other website/articles, etc. is non-confidential and non-proprietary and can be used by the Site or its affiliates for any purpose.
Integration and Severability

The failure of the Site to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Site. These Terms of Use and other referenced materials are the entire agreement between you and the Site with respect to the Service, and supersede all prior or contemporaneous communication and proposals (whether oral, written or electronic) between you and the Site with respect to the Service and govern the future relationship. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect and enforceable.

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. The Site shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation or reorganization of the Site for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. Our affiliates, officers, directors and members shall be deemed third party beneficiaries to these Terms of Use. These Terms of Use supersede any other Terms of Use prior to the date hereof.




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