ActMedia

Actmedia Terms of Use

BY USING OMG-ASIA.COM/ACTMEDIA (“THIS WEBSITE”), YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (“TERMS OF USE”). OMG LIVE LTD AND ITS SUBSIDIARIES (COLLECTIVELY, “OMG”) RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. THE CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

1. Use of this Website

You may use this Website only in accordance with and subject to these Terms of Use.

The contents of this Website are for general informational purposes only and are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied. They do not constitute advice and should not be relied upon in making (or refrain from making) any decision.

OMG grants you a limited license to access this Website. You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OMG or others. Any unauthorized use terminates the permission or license granted by OMG.

You may not use this Website to: (a) transmit via or through this Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; (b) introduce to this Website or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Website or an employee of OMG; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Website or any component of this Website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

2. Link to Third Party Websites

This Website may contain links to other websites on the Internet. You acknowledge that OMG has no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site and OMG accepts no responsibility in connection therewith. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

Your correspondence or any other transaction with advertisers that may be found on this Website is solely between you and such advertisers.

You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Website.

When you leave this Website, you should be aware that these Terms of Use may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data gathering practices, of each linked site.

3. Proprietary Rights

You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on this Website are the property of OMG or its suppliers, sponsors, licensors or affiliates (collectively, “OMG Partners”) and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on this Website. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.

We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this Website or items advertised on this Website by the OMG Partners.

4. Submissions

Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Website, submitted to OMG, or otherwise communicated in connection with your use of the Website (collectively, “Submissions”) shall be and remain the exclusive property of OMG with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Under no circumstances shall any disclosure of any submission to OMG be subject to any obligation of confidentiality or expectation of compensation or attribution. By submitting any submission to OMG, you are waiving any and all rights that you may have in the submission and you agree that any submissions by you will not violate any right of any third party, including copyright trademark, privacy or other personal or proprietary rights. You also agree that no submission by you will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make. You represent and warrant to OMG that OMG is free to implement the submission if it so desires, as provided or as modified by OMG, without obtaining permission or license from any third party. OMG takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

5. Indemnification

By using this Website, you agree to indemnify, hold harmless and defend OMG or its affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of this Website; (ii) your breach of these Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. OMG reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

6. Limitation of Liability

Under no circumstances will OMG or its affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Website (collectively, “OMG Website Parties”) be liable in any way for any content made available on this Website (“Content”), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content, whether based upon warranty, contract, tort, or otherwise, even if OMG  has been advised of or should have known of the possibility of such damages or losses. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Without limiting the foregoing, in no event shall the OMG Website Parties have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of OMG.

You hereby acknowledge that the preceding paragraph shall apply to all content available through this Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

7. Unavailability of Website; Termination; Fraud

OMG may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of this Website for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Website is terminated, you must cease and desist from all such access and/or use immediately. In the event your rights to access or use this Website is terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

8. Miscellaneous

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and OMG with respect to this Website and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and OMG with respect to this Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of OMG to act with respect to a breach by you or others does not waive OMG’s right to act with respect to subsequent or similar breaches. OMG’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

These Terms of Use shall be construed in accordance with the applicable laws of Hong Kong. The Courts at Hong Kong shall have exclusive jurisdiction in any proceedings arising out of these Terms of Use.