Klik TV

KLIK.TV - TERMS & CONDITIONS OF USE ("TOU")

Important: Please read these terms and conditions of use carefully before accessing or using the Klik.TV website; watching our content; subscribing to Klik.TV services or content; purchasing Klik.TV products; downloading Klik.TV software; technology; content or data; and /or otherwise using Klik.TV services and products, and the related software, data, and/or technology used, stored, licensed or accessed in connection therewith and the related Intellectual property rights embodied therein (Collectively known as the "Service")

Please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this agreement.

1. License

- The Klik.TV site and its affliates (collectively known as the "Website" or "Klik.TV Web sites Network") operated by Klik.TV Pte Ltd ("Klik.TV"), is comprised of various Web sites and Web pages.

The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions, and notices.

- Subject to the terms and conditions set forth herein and any third party restrictions, Klik.TV grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Klik.TV Website to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Klik.TV for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the Klik.TV Service; provided you retain all Klik.TV copyright and proprietary notices contained in the original materials or any copies thereof.

- Your use of a particular Klik.TV website included within the Klik.TV Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Moreover, the Klik.TV Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes, emails or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Klik.TV website, then these terms shall control.

2. Age

- By accessing, subscribing, downloading and/or otherwise using the Klik.TV website, you certify that you (a) are at least fifteen (15) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Klik.TV that may be published within the Klik.TV Technology or the Website.

- If the person accessing, subscribing and/or otherwise using the Klik.TV Service is under the age of majority in his/her country of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the Klik.TV Service, such person's parent or legal guardian is deemed to have consented to such person's entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof.

- Parents or legal guardians may authorize a minor who is under fifteen (15) to use the Website provided they assume all responsibility and legal liability for the conduct of the minor including, without limitation, monitoring their access and use of the Service. Klik.TV may terminate a User account of any minor or deny access if there is a failure to comply with this Section.

3. Privacy Policy

Please refer to Klik.TV's privacy policy in a separate document on this site: www.klik.tv.com/privacy

4. Original Content

- Klik.TV is a online Website and platform for both original, licensed, and user-generated content. All original content is copyrighted by Klik.TV and/or third party creators and is available for viewing on the Klik.TV Website. Copyrighted content may not be transmitted, reproduced, re-used, rented, sold or otherwise exploited commercially on any platform now and in perpetuity without the legal consent of Klik.TV Pte Ltd. Content may be shared subject to certain rights restrictions.

- Some Klik.TV content may not be available in certain worldwide territories and may be blocked to your country.

5. Third Party Websites

- The Klik.TV Website may contain links to third party websites that are not owned or controlled by Klik.TV. Klik.TV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Klik.TV will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Klik.TV from any and all liability arising from your use of any third-party website.

- The Klik.TV site may involve third party links to specific sites which require the user to be 18 years or older. Should the user choose to acces these links, they must certify that they are at least eighteen (18) years of age or older before using them.

6. Third Party Software

To enable the Klik.TV Website and to enhance our Services, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Klik.TV be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

7. User Registration

To register as a member of the Service or purchase products, you must be 15 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account, updates and your orders.

8. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Klik.TV of any unauthorized use of your password at info (at) klik.tv

9. Uploaded User Content

- Your User Content may be displayed in two areas of the Service; private and public. "Private Areas" are those areas of the Service that are only accessible by members of Service who have created a User Account (e.g. messaging). "Public Areas" are those areas of the Service (e.g. that are intended by Klik.TV to be available to the general public (e.g. videos; news, etc).

- By using the Service you grant Klik.TV a royalty-free, sub-licensable, worldwide license to use, distribute, modify, adapt, store, publicly perform, publicly display, reproduce, host, cache, reformat, translate, create derivative works of, incorporate into other works, and encode User Content uploaded or otherwise made available by you to the Service in perpetuity.

10. Your User Profile

You also represent and warrant that the information posted in your profile, including your photograph, is posted by you and that you own or have all rights necessary to post such information and grant Klik.tv the license set forth below. You grant to Klik.tv a non-exclusive, perpetual, irrevocable license to use, reproduce, publicly display, publicly perform, distribute, sublicense, create derivative works of, incorporate into other works, and otherwise make available the information and content you submit for your profile, including any photographs. You waive any and all moral rights and any similar rights with respect to such information and content in any jurisdiction in the world. Other members may post copyrighted information and you agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such information posted by other members in violation of such members' proprietary rights.

11. Restrictions

You agree not to use the Service:

1. for any unlawful purposes;
2. to upload, post, or otherwise transmit any material that is obscene, offensive, defamatory, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Klik.TV.
4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
6. to upload, post, or otherwise transmit any material which is likely to cause harm to Klik.TV or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
7. for any commercial purpose, except as expressly permitted under these Terms;
8. to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Klik.TV by hyperlink and not to compete with Klik.TV.

12. Moderation of Posts & Content

- Klik.TV reserves the right to edit and moderate all Content uploaded (e.g. comments, posts, videos, etc). Where possible, Klik.TV will moderate all postings and uploads to Klik.TV. However, Klik.TV does not guarantee that all content can and will be moderated, and Users are advised to use the site with caution.

- Postings and uploads provide you and other users the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, videos, creative works or other information, messages, transmissions or material to us. Postings do not necessarily reflect the views of Klik.TV or its affliates and should Klik.TV not monitor, endorse, edit or screen such postings, Klik.TV will not be held liable for any Posting that is in violation of this TOS agreement.

- Postings should be for noncommercial purposes only, and you may not post in a way to promote or generate revenue for any business or commercial activity, unless done with prior agreement with Klik.TV.

- Klik.TV reserves the right not to post any of your content or posts without any explanation. No compensation will be made when you upload the content.

- You warrant that all postings and uploads are being placed in the Public domain without reservation of any rights or further control of the Post.

- From time to time, Klik.TV or its sponsors and advertisers may conduct contests, promotions or events on or through the Website including without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules that will be posted or made available to you, and for purposes of the Promotion, will be deemed incorporated into and form a part of the agreement (the "Rules"). If any conflict arises between this agreement and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

- In certain cases, participants may be required to sign up with Klik.TV through its site, before taking part in the said contest, promotion or event. Should the participant not be able to sign up through Klik.TV, Klik.TV reserves the right to (a) deny the participant entry or (b) assist the participant in registering for the site. This is to facilitate proper control of the promotion, event or contest.

- By entering any event or competition or promotion, you grant Klik.TV the right to sign you up into our database, and to email you information as may be required for your further participation; or updates on our site.

14. Account Termination Policy

- Klik.TV will terminate a User's access to its Website at its discretion if, under appropriate circumstances, the User is deemed to have violated Klik.TV's terms of service.

- Klik.TV reserves the right to decide whether Content or a User Submission is appropriate and complies with Klik.TV's Terms and Conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Klik.TV may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

15. User Termination

You may terminate your user account at any time by sending Klik.tv written or email notice of termination in accordance with the termination procedures set forth in the "Help" section of the Service. Either you or Klik.TV may terminate your account by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party.

16. Copyright Violations

- Klik.TV respects the intellectual property rights of others and expects users of the Service to do the same. At Klik.TV's discretion and in appropriate circumstances, Klik.TV may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact info (at) klik.tv for notices of copyright infringement. Kindly provide us with more details including the following information:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

17. Brand Marks

All brand, product and service names used in this Service which identify Klik.TV or third parties and their products and services are proprietary marks of Klik.TV and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Klik.TV or any third party with respect to any such image, logo or name.

18. Revisions

Klik TV Pte Ltd reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Klik TV Pte Ltd also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Klik.TV software (including, but not limited to, on the Website).

By continuing to enter the Website and/or using Klik.TV's Service you acknowledge and agree that you shall be bound by any such revisions.

19. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. KLIK.TV AND ITS AFFLIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THAT THE SERVICE SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE KLIK.TV WEBSITE & SERVICES MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND KLIK.TV IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND KLIK.TV'S REASONABLE CONTROL.

FURTHER, KLIK.TV AND ITS AFFLIATES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

20. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD KLIK.TV PTE LTD, ITS SUBSIDIARIES AND AFFLIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND SUPPLIERS, 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 THIS AGREEMENT BY YOU. KLIK.TV PTE LTD 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 KLIK.TV PTE LTD IN THE DEFENSE OF ANY SUCH CLAIM, ACTION, SETTLEMENT OR COMPROMISE NEGOTIATIONS, AS REQUESTED BY KLIK.TV PTE LTD.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLIK.TV PTE LTD OR ITS AFFLIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, UNAUTHORIZED USE OF YOUR PASSWORD OR USER ACCOUNT, BREACH OF USER ACCOUNT SECURITY, TERMINATION OF USER ACCOUNT OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TOU OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KLIK.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND KLIK.TV'S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TOU FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE HUNDRED SINGAPORE DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.

22. Medical Warning

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

23. Governing Law

The terms of this agreement shall be governed by the Laws of the Republic of Singapore.

24. Comments

If you have any comments or questions about the Service please contact us by email at info@klik.tv.

Updated: 5 Aug 2009