Trans World Radio will provide the use of its website www.ktwr.net (“the Website”) to you subject to the following terms.
1. Accepting the terms
A. In order to access and/or use certain features of the Website, you will have to open a TWR account. You may not use another person’s account without permission. When opening an account, you must provide accurate and complete personal information as requested. You are solely responsible for all activities that occur under your account and you must keep your account password secure. If you become aware of any breach of security or unauthorized use of your account, you must notify Trans World Radio or the webmaster of the Website immediately.
B. Trans World Radio is not legally liable for any loss or damage which may be incurred by you as a result of any unauthorized use of your account. Nevertheless, you are legally liable for any loss or damage which may be incurred by Trans World Radio or by any third party as a result of any such unauthorized use.
3. Permitted general use of the Website and restrictions
Trans World Radio hereby allows you access and/or use of the Website in accordance with the provisions of the Agreement, subject to the following conditions:
A. You agree that, without the prior written consent and authorization of Trans World Radio, you shall not in any way modify, reproduce, plagiarize, reprint, publish, upload, disseminate, distribute, excerpt, broadcast, post on another website, make available to the public or play for profit, or in any form change or adapt, the content of the Website.
B. You undertake to use the Website lawfully and, in your use of the Website, not to interfere with, restrict or prohibit other users of the Website from using and enjoying the Website. Such interference, restriction or prohibition of other users include any illegal, disturbing or defamatory acts on the Website, or acts which cause inconvenience to others, or sending any content that is obscene, indecent, offensive, vilifying or embarrassing, or which interrupts the normal operation of the Website or obstructs the normal flow of dialogue, exchanges, and/or interactive activity that takes places through the Website.
C. You can download only [S]specified [C]contents or [P]programs from the Website for private, non-commercial use. At the same time, you must ensure that all contents or programs are complete, and that you observe all copyright laws, related copyright notices and other notices, and implement any notices that are issued by Trans World Radio from time to time, in order to protect all copyrights and patents.
D. Trans World Radio reserves the right to discontinue any aspect of the services of the Website at any time.
E. [Apart from specified contents or programs] the contents of the Website, including but not limited to text, software, original manuscript / mastercopy, graphics, photographs, sounds, music, videos and interactive features (“the Contents”), and the trademarks, service marks and logos (“the Trademarks”) contained therein, subject to copyright and any other intellectual property rights under the law, are owned by Trans World Radio or by a third party permitting their use on the Website. The Contents of the Website are provided to you in their original form, only for your reference and personal use and are not to be downloaded, copied, reproduced, distributed, transmitted, played, displayed, sold, licensed or used in any other way, for any purpose without the prior written consent of each owner of the related intellectual property rights. Trans World Radio reserves all rights to recover from any of the above acts done to the Website and the Contents without the express authority of Trans World Radio.
4. User-submitted documents and users’ behavior
A. As an account holder, you may submit [personal letters and text] (“User-Submitted Document”). You understand that Trans World Radio does not warrant the confidentiality of any User-Submitted Document, regardless of whether the User-Submitted Document is published.
B. You shall be solely responsible for your User-Submitted Document and its release or publication, and any consequences thereof. With reference to User-Submitted Documents, you confirm, represent and warrant that: you own, or have the necessary license, right, consent and permission to use and to authorize Trans World Radio to use, all the patents, trademarks, trade secrets, copyrights and other proprietary rights of any and all User-Submitted Documents, in order that the User-Submitted Document may be included in and used in the manner expected by Trans World Radio and according to the terms of the Website and of this service.
C. For the sake of clarity: in submitting any User-Submitted Document to the Website, you thereby grant Trans World Radio license to be exempt from any royalty fee and to distribute and transfer and, for the purposes of the Website (Trans World Radio and its successors and affiliates) and its business, to use, reproduce, distribute, edit, modify or display, any User-Submitted Document. However, you understand and agree that Trans World Radio can retain, without displaying or distributing, any copy on the file server of any User-Submitted Document that has been removed or deleted. The above license granted by you to Trans World Radio regarding User-Submitted Documents is permanent and irrevocable.
D. Trans World Radio has not approved any User-Submitted Document or any of its expressed comments, suggestions or advice. Furthermore, Trans World Radio expressly denies any and all liability related to any User-Submitted Document. Trans World Radio does not permit any practice on the Website that infringes on intellectual property rights and if Trans World Radio receives proper notice of any such practice, stating the content or the User-Submitted Document that infringes on others’ intellectual property rights, Trans World Radio will remove all related content and User-Submitted Documents. Trans World Radio reserves the right to remove such related contents and User-Submitted Documents without prior notice.
E. You agree that your conduct on the Website will be consistent with the Community Code, which may be modified and updated from time to time.
5. Account termination policy
A. If a user is identified as having repeatedly infringed on others’ intellectual property rights, Trans World Radio will, under appropriate circumstances, terminate the access of that user to the Website and any other relevant websites provided by Trans World Radio.
B. Regarding breaches other than the infringement of copyright or of intellectual property rights, such as (but not limited to) pornography, or indecent, obscene, defamatory, offensive or political material or content, Trans World Radio reserves the right to decide whether the content or User-Submitted Document is appropriate and consistent with the terms of this service. Trans World Radio may, at its sole discretion, decide to remove such User-Submitted Documents and/or terminate the access of the user, who breached the terms of this service by uploading such material, at any time without prior notice.
6. Copyright policy
A. Trans World Radio implements a clear copyright policy regarding alleged infringement of copyright of any User-Submitted Documents. You can refer to the details of this policy here.
B. As part of the copyright policy of the Website, if a user is identified as having repeatedly infringed on others’ intellectual property rights, Trans World Radio shall terminate the right of that user to access the Website. A person who has repeatedly infringed on others’ intellectual property rights is a user who has been notified more than twice for infringing on others’ intellectual property rights.
A. All material published on the Website is in its original form and is in the condition as originally supplied. Trans World Radio will not, and has not, made any representation or warranty (whether express or implied) as to whether any material is of marketable quality, its suitability for any particular purpose, whether it infringes on any rights, or its compatibility, security or accuracy.
B. Trans World Radio will not, under any circumstances, accept any liability or make any compensation for any loss or damage, including but not limited to indirect or consequential loss, any loss of use or of power, any loss of data or of profit, or tort or relating to any contract or to negligence, or tort of other forms, or litigation of any other nature, caused or incurred by any person as a result of using the Website.
C. Trans World Radio does not warrant (i) that the material on and the function of the Website is not interfered with or is free from error; (ii) that any such error or problem will be corrected; (iii) that any software, tool or server of the Website is free of virus or fault; and (iv) the practicality, accuracy or reliability of the above material.
D. Trans World Radio will not warrant, and has not warranted, that the material on the Website is suitable for use, or can be used, outside The Hong Kong SAR. Any persons who choose to enter and use the Website from other jurisdictions are not offered to do so by Trans World Radio and they shall comply with applicable local laws when they enter and use the Website.
8. Limitation of liability
A. Trans World Radio, its directors, management, employees or agents shall not, under any circumstances, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages caused by the following circumstances: (i) the material on or the function of the Website is interfered with or is in error; (ii) such error or problem is not fixed; (iii) the software, tools or servers contain viruses or faults; and (iv) error arises in the practicality, accuracy or reliability of the above material. The above limitation of liability shall apply to the maximum extent permitted by the applicable laws of the jurisdiction.
B. You specifically acknowledge that Trans World Radio is not liable for any defamatory, offensive or illegal practice in User-Submitted Documents or of any third party, and that you use the Website at your own risk of the above injury or detriment.
You agree to indemnify, defend and hold harmless Trans World Radio, its directors, management, employees or agents, from and against all claims, damages, obligations, losses, liability, costs or debts, and expenses (including but not limited to solicitors’ fees) arising from any of the following: (i) your use of or your logging into the Website; (ii) your breach of any part of the Terms of Service; (iii) your infringement of any third-party rights, including but not limited to any copyright, property rights or privacy rights; or (iv) any claims arising from any damage caused to a third party by any of the User-Submitted Document submitted by you. Your obligation to defend and indemnify Trans World Radio will survive the cessation of these Terms of Service or the termination of your use of the Website.
10. The ability to accept the Terms of Service
You confirm that you are aged 18 or above or that you have the consent of your legal parent or guardian, and that you are fully capable of and have the ability to set the terms, conditions, obligations, confirmations, representations and warranties contained in the Terms of Service and to comply with and adhere to these Terms of Service. In any case, you confirm that you are above 14 years of age, as the Website is not intended for the use of children under 14 years of age. If you are aged under 14, please do not use the Website; there are many websites that are suitable for you to enter. Please discuss with your parent or guardian which websites are suitable for you.
11. General terms
A. These Terms of Service constitute a legally binding agreement between you and Trans World Radio, effective until either party terminates the Agreement . You may terminate the Agreement at any time, but you stop using the Website and destroy all material obtained through it immediately upon the termination of the Agreement. If you have not fully accepted or fulfilled the Terms of Service, Trans World Radio has the right immediately to withdraw your right to use the Website.
B. The Terms of Service are governed by and construed in accordance with the laws of The Hong Kong SAR. The courts of The Hong Kong SAR shall have exclusive jurisdiction over any dispute over the Terms of Service.
If there is any inconsistency between the English and Chinese language versions of the Terms of Service, then the English language version shall prevail.
Respecting the Website Community
A. The functioning of the Community of the Website is built more or less on the basis of mutual trust. We believe that you are a responsible person and that you, along with other users, respect this trust that exists mutually between all parties. Please do not abuse the functions of the Website.
B. Please do not breach the rules
(i) Please do not use the Website to release or transmit obscene, indecent, pornographic or sexually explicit, offensive, vilifying or embarrassing content.
(ii) Please respect copyright and upload only material produced by you or which you have been authorized to use. In other words, please do not upload any material that is not produced by you, and do not include without authorization, in your own material, any content that is copyrighted by others, such as music tracks.
(iii) Freedom of speech is encouraged on the Website, and each person’s right to express different opinions is upheld. However, hate speech (comments that attack or belittle the race or ethnicity, religion, political position, sex, age, veteran status or sexual orientation / gender identity of any particular group) is not permitted.
(iv) Predatory behavior, annoyance, threats, harassment, invasion of privacy, or leakage of the personal information of other users, are not allowed on the Website. If any user is found to engage in any of the above behaviors, this person will be punished by having his/her access to the Website permanently terminated.
B. This policy statement is based on the Chapter 486 of the Personal Data (Privacy) Ordinance of the The Hong Kong SAR Special Administrative Region (“the Ordinance”) and details the obligations and policies of Trans World Radio in its operation of the Website.
C. Trans World Radio observes the obligations and requirements of the Ordinance. Its directors, management and employees must keep confidential, and maintain properly, all the personal data that is collected and/or stored and/or transmitted and/or used by (or on behalf of) Trans World Radio. Trans World Radio will ensure that all personal data that is collected and/or stored and/or transmitted and/or used will be handled in accordance with the obligations and requirements of the Ordinance. If anyone legitimately requests access to and/or correction of his/her personal data held by Trans World Radio, Trans World Radio will comply with the request within the timeframe and in the way stipulated by the Ordinance.
D. Whenever you register for a listener’s number, enter any activities of the Website, participate in any questionnaire survey, vote, use any services of the Website, or write to Trans World Radio to request anything, Trans World Radio will collect your personal data. You provide such data of your own free will. If you do not provide all the data requested, or if the data you provide are inaccurate or incomplete, Trans World Radio may not be able to deal with your case.
E. When you register for a listener’s number, you will receive a password. Trans World Radio requests that you do not disclose the password to anyone. It will never ask for your password over the telephone or by e-mail. Trans World Radio also recommends that, after you have completed your work, to log off from the Website and to close the browser window, in order to ensure that no-one else will read your personal data, especially if you share a computer with others or use a computer in public places like internet cafes.
F. When you browse the Website, its server will collect data related to its use, the mode of navigation, etc. This kind of data will be used only for assessing the use of the Website.
G. Only authorized employers will be able to access your personal data. Trans World Radio will not release your personal data to any external parties without your consent.
H. If you wish to access or correct any personal data, you must make the request to Trans World Radio in writing.