Updated as at 2 November 2016
This website (www.luve.tv) (“this Site”), is a website in relation to LUVE, a video hosting and streaming mobile application developed, owned and operated by WebTVAsia to provide its users with access to premium videos exclusively chosen by the WebTVAsia team (“LUVE”).
By accessing, signing up or otherwise using the Services, or accessing any content, information or material that is made available by WebTVAsia through this Site, you agree to be bound by the Terms, which may be posted by WebTVAsia on this Site from time to time. If you do not agree with the Terms, you may not access, sign up or use the Site.
WebTVAsia may amend the Terms at any time without notice. Amendments will be effective upon WebTVAsia posting such updated Terms on this Site. By continuing to access and use the Services, you are deemed to have agreed to be bound by any amendment to the Terms. WebTVAsia will provide you advanced notice of any material changes to the Terms and if you do not agree to the changes, you must cease using the Site. You are responsible for reviewing the Terms posted on this Site from time to time.
DEFINITION AND INTERPRETATION
“You” shall mean any user of this Site and “your” shall be interpreted accordingly.
“WebTVAsia” shall mean WebTVAsia Sdn. Bhd., including any person or entity controlling, controlled by, or under common control with WebTVAsia Sdn. Bhd.
In order to be eligible to use and sign-up for LUVE, you must have attained the age of majority in your province, territory or country. Otherwise, please obtain permission from your parent or guardian before using and signing up for LUVE.
In order to access the Service,
- you will need a device capable of supporting LUVE with Internet connection (“LUVE enabled device”); and
- you must have completed the registration process with accurate registration.
You may create an account with LUVE if you have a pre-existing account with Google or Facebook. We will create your account by extracting certain personal information (such as your profile picture and your email address) from Google or Facebook. You may also opt to sign up manually if you do not own any account with Google or Facebook.
You are responsible for maintaining the confidentiality of your account username and password. To change your password, go to the “My Account” page on LUVE and click on the lock symbol to update your password.
You agree to accept responsibility for all activities that occur under your account and for keeping your account information current, complete, accurate and truthful.
You must immediately notify us of any unauthorised use of your account and any other breach of security.
LUVE is available in two (2) languages, namely, English and Thai. The default language of LUVE is set to English. To switch to your preferred language, go to the “My Account” page and click on the globe symbol to change your language.
LUVE provides you access to the videos and movies WebTVAsia thinks would be of interest to you (“Content”) and enables you to stream the videos and movies (“Services”).
WebTVAsia grants you a limited, non-exclusive, non-transferrable licence to access LUVE and the Services and watch the Content on a streaming-only basis offered by WebTVAsia content right holder’s partners.
You may view the Content through LUVE within the country in which you have established your account and only in geographic locations where WebTVAsia offers its service and has licenced such Content. The Content that may be available to watch will vary by geographic location and will change from time to time.
The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection.
WebTVAsia owns, has licenced or otherwise has rights to use, and retains all proprietary rights to this Site, and all images, text, graphics, logos, sound, videos, music, audio-visual combinations, interactive features, programs and any other material (“Materials”) on this Site. The Materials are protected by copyright, trademark and other intellectual property laws. WebTVAsia grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access the Materials for your own personal, non-commercial, entertainment use as permitted.
This Site and all images, text, graphics, logos, sound, videos, music, audio-visual combinations, interactive features, programs and any other material made available on this Site (“Materials”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under applicable laws. This Site and the Materials are for your information and personal use only and not for commercial exploitation. Any reproduction or redistribution of the Materials, not in accordance with the Terms is expressly prohibited by law, and may result in severe civil and criminal penalties.
If you download or print a copy of the Materials for your personal use, you shall retain all trademark, copyright and other proprietary mark contained in and on the Materials.
GRANT OF LICENSE AND RESTRICTIONS
You acknowledge and agree that this Sitecontains proprietary and confidential information that is protected by applicable intellectual property and other laws. WebTVAsia reserves all rights in the ownership and proprietary rights.
WebTVAsia reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively “Marks”) and nothing in the Terms grants you the license to use such Marks.
You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on this Site without the prior written consent of WebTVAsia. You may not decompile, reverse engineer or disassemble any software component or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms of this Site by any means whatsoever.
You have no ownership rights in this Site or any related documentation. WebTVAsia retains all right, title and interest in and to this Site (including any changes, updates, modifications or correction on this Site) and any related documentation.
You acknowledge and agree that damages are not a sufficient remedy for any infringement of WebTVAsia’s intellectual property rights under this term and WebTVAsia is entitled to specific performance or injunctive relief (as appropriate) as a remedy for any infringement or threatened infringement by you, in addition to any other remedies available to WebTVAsia at law or in equity.
We respect the intellectual property rights of our users and others. If you are a copyright holder who believes that any of the Materials violates your intellectual property rights, please follow the guidelines and procedures below to provide us with appropriate notice containing the following information:
1 your legal name, mailing address, telephone number and e-mail address;
2 a description of the copyrighted work that you claim has been infringed, and the name of the owner of the copyrighted work;
3 a description of where on this Site the material that you claim is infringing the copyright may be found, sufficient for us to locate the material;
4 a statement that you have a good faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agent or the law;
5 a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf;
6 your electronic or physical signature.
WebTVAsia will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing Content from this Site upon receipt of an appropriate notice. All notices must be provided to WebTVAsia via its e-mail at email@example.com. WebTVAsia does not accept notices submitted by telephone.
You agree, warrant, confirm and represent:
- that the information you provide are true, accurate, current and complete. If any information you provide is untrue, inaccurate, not current or incomplete, or if WebTVAsia in its sole opinion thinks that such information is untrue, inaccurate, not current or incomplete, WebTVAsia has the right to refuse any and all current or future use of this Site;
- that you are of sufficient legal age and have legal capacity to use this Site;
- to use this Site for lawful purposes and in accordance with the Terms;
- to notify WebTVAsia immediately of any unauthorised use or any other breach of security; and
- to use this Site in accordance with applicable laws and regulations, including but not limited to laws and regulations in relation to on-line communication.
You shall not:
1 use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site;
2 attempt to gain unauthorized access to this Site, or networks connected to this Site, through hacking, password mining or any other means;
3 obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
4 post or transmit through this Site any contents which:
(i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, harmful, obscene, threatening, excessively violent, pornographic or otherwise illegal;
(ii) incite, encourage or threaten immediate physical harm against another, including but not limited to contents which promote racism, bigotry, sexism, religious intolerance against any individual or group;
(iii) violate or infringe in any way upon our rights or those of others ;
(iv) contain advertisements or solicit any person to buy or sell products or services (“Commercial Activities”);
(v) constitute, contain, install or attempt to install or promote spyware, malware, or other computer code.
5 broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on this Site except as is strictly necessary for your own personal, non-commercial use;
6 circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in this Site;
7 decompile, reverse engineer or disassemble any software component or other products or processes accessible through this Site;
8 use any robot, spider, scraper or other automated means to access this Site;
9 create derivative works or materials that otherwise are derived from or based on in any way the Materials and the Mark (as defined below), including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting merchandise;
10 incorporate the Materials into any other hardware or software application;
11 remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the videos or any digital rights management mechanism, device or other content protection or access control measure (including but without limiting to geofiltering and/or encryption) associated with the Materials;
12 do anything that affects the operability or security of this Site or causes unreasonable inconvenience or offence or disruption to WebTVAsia.
WebTVAsia reserves the right to terminate this Site at any time without notice and for any reason.
WebTVAsia may suspend or terminate your access to this Site without notice and in its sole discretion if:
1 you violate the Terms posted from time to time on this Site, any applicable law, rule or regulation;
2 you violate any law, regulation, or governmental action renders all or any portion of this Site unlawful or impracticable;
3 your use of this Site impairs or threatens to impair the integrity or functionality of this Site or WebTVAsia in any manner;
You agree that WebTVAsia shall not be liable to you or any third-party for any termination of this Site and/or your access to this Site.
DISCLAIMER & LIMITATION OF LIABILITY.
WebTVAsia provides this Site on an “as is,” where is” and “as available” basis.
WebTVAsia makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of this Site, and that this Site will be uninterrupted or error-free.
All use of this Site is at your own risk and you are solely responsible for all damages resulting therefrom.
To the maximum extent permitted by applicable law, WebTVAsia disclaims all representations and warranties of any kind, express or implied.
To the maximum extent permitted by applicable law, WebTVAsia shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including damages for loss of profits, loss of data, personal injuries, or property damages related to, in connection with, that result from the use of or the inability to use this Site any changes to this Site and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through this Site or arising in connection with the fraudulent or unlawful acts of any third party.
If you are dissatisfied with this Site, the Materials or with the provisions of the Terms, you agree that your sole and exclusive remedy is to discontinue using this Site.
You agree to indemnify, defend and hold WebTVAsia, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to this Site harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of the Terms or asserted by any third party due to or arising out of your use of or conduct on this Site.
The provisions of this paragraph are for the benefit of WebTVAsia and its officers, directors, employees, agents, shareholders, licensors and suppliers to this Site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THIRD PARTY WEBSITE / MOBILE APPLICATION
Any dealings with third parties (including advertisers) over the Linked Websites are solely between you and such third party. You agree that WebTVAsia 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 use of or reliance on any such content, goods or services available on or through any such website or resource. WebTVAsia has no responsibility or liability for any merchant or your relationship with such merchant.
DISCLOSURE AND CONFIDENTIALITY
The Terms are governed by the laws of Malaysia, without reference to conflict of laws principles. In relation to any legal action or proceedings between you and WebTVAsia arising out of or in connection with the Terms, you irrevocably submit to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that this Site shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by WebTVAsia in and from Malaysia.
The Terms are in substitution for and supersede all previous agreements (whether in writing or verbal) between you and WebTVAsia and contain the entire understanding between the parties with respect to this Site. No advice or information, whether oral or written, obtained by you from this Site (whether before or after the date you accept the Terms) shall create any obligation or warranty on the part of WebTVAsia. You may also be subject to additional terms and conditions that may apply when you use any services offered by the WebTVAsia, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms.
1 WebTVAsia’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of WebTVAsia’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of THIS SITE or information provided to or gathered by WebTVAsia with respect to such use.
2 Any term, condition or provision in the Terms which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions of the Terms, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition or provision contained in the Terms.
3 If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
4 No provision of the Terms shall be construed adversely to a party solely on the ground that the Party was responsible for the drafting and preparation of the Terms or that provision.
5 No delay or failure by WebTVAsia to exercise or enforce at any time any right or provision of the Terms shall be considered a waiver, unless acknowledged and agreed to by WebTVAsia in writing. The single or partial exercise by WebTVAsia of any right, power or remedy provided by law or under this Agreement shall not preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
6 You may not assert any claim against WebTVAsia in connection with this Site unless you have given WebTVAsia written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
7 WebTVAsia may assign its rights and duties under the Terms to any party at any time without notice to you and the Terms shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.
Should you have any questions concerning the Terms, or if you desire to contact WebTVAsia for any reason, please contact us at 03-7972 9977, from 10.00 am to 6.00 pm, Monday to Friday, or you can e-mail WebTVAsia at firstname.lastname@example.org.