TomoNews is a multimedia platform presented, supplied, made available and/or distributed by Next Animation Studio Ltd (hereinafter referred to as NAS).
By signing up as a member of TomoNews or downloading, accessing or using any game, video, application, tools or other content on TomoNews (collectively, the “Content”), you represent that you have read, understood and agree to be bound by our terms and conditions set forth below (the “Terms”). Please read all these Terms. If you agree and accept all of these Terms, please click the “Agree and Accept” button of this page to continue using TomoNews. If you do not agree and accept all of these Terms, please do not sign up as a member of TomoNews and do not use our services.
Certain Content may be subject to additional guidelines, terms, or rules, which will be posted in connection with such Content. All such additional terms are hereby made a part of these Terms. Please note that Certain Content may be subject to additional restrictions including but not limited to restrictions as regards age or other restrictions as may be applicable to such Content set out in the relevant terms and conditions for those Contents.
These Terms may be amended by Company from time to time. If we make material changes to these Terms, we will endeavor to notify you by posting the revised Terms on TomoNews. Your continued use of any Content after the changes are first notified by us as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using TomoNews.
1. TomoNews Account
1.1 By creating an account on TomoNews and/or using TomoNews, you represent and warrant that (a) all required registration or other information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of TomoNews and the Content does not violate any applicable law or regulation or these Terms.
1.2 You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to (i) use the account, username or password of any other user at any time; (ii) allow or enable any third party to use your account, username or password; or (iii) sell, rent, borrow, or otherwise transfer your account, temporarily or permanently, to any third party. You are solely and fully responsible for any and all use of your account. The Company will not be liable for any loss, damages or claims arising out of any unauthorized use of your account, username or password, unless such unauthorized use was directly due to our negligence. The Company is not in a position to determine whether your account is used by yourself or any other persons, and the Company will assume that the use of your account is by yourself or otherwise authorized by you so long as the correct password, email address or other relevant data is correctly entered into our system, and therefore you will be solely responsible for all activities and transactions on your account.
2. Rights in TomoNews Content
You acknowledge that all intellectual property rights in TomoNews, the Content and the underlying technology, and all information and content available on and through TomoNews, excluding Your Content (as defined in Clause 2.2 below) but including without limitation accounts, characters, and virtual items/currency (collectively the “Service Content”), are owned by us and/or our suppliers.”
(collectively the “Service Content”), are owned by us and/or our suppliers. The Service Content is protected by copyright laws or other intellectual property or other laws throughout the world. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to view and use the Service Content for your personal non-commercial entertainment purposes. No other use of the Service Content is authorized. You may not otherwise use, download, upload, print, display, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, adapt, distribute, transfer, or otherwise exploit any Service Content in whole or in part without our prior written authorization, unless expressly permitted under these Terms or any additional guidelines, terms, or rules in connection with the relevant Content. We and our suppliers reserve all rights not granted in this Agreement. There are no implied licenses.
2.2 We do not claim ownership in any text, graphics, images, sounds, video, or other material, information or content, uploaded to, or transmitted on or through TomoNews by you (collectively “Your Content”). You hereby grant to Company, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and otherwise use Your Content in connection with providing our services hereunder. You represent and warrant that you have the right to grant the licenses described above and Your Content does not violate the rights of any person, including without limitation privacy rights, moral rights, copyright or other personal or proprietary rights or intellectual property rights. To the furthest extent permitted by the applicable laws, you hereby waive any moral rights or privacy you may have in Your Content.
2.3 The Company has sole and absolute discretion in determining the variety, type, content, amount, availability, quality, or other characteristics of the Content.
2.4 The Company reserves the right, at any time, to modify, suspend, remove or discontinue TomoNews, the Content or any of our services, or any parts of the foregoing with or without notice at our sole discretion. You agree that Company will not be liable to you or to any third party for any modification, suspension, removal or discontinuance of the same, including without limitation any loss of data, content or property, including virtual, in-game digital items such as virtual weapons and/or currency (hereinafter referred to as “Virtual Items”).
3. Prohibited Use
3.1 You are solely responsible for any and all of Your Content and you agree that you will use TomoNews, the Content and our services hereunder in compliance with all applicable laws and regulations.
3.2 You agree that you will not post, exchange, make available, provide, or process any Prohibited Content on TomoNews, its Content or its ancillary services including without limitation chat rooms, forums, message boards, bulletin boards or news groups. “Prohibited Content” includes content that is (a) abusive, defamatory, racist, sexist, discriminatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of any intellectual property right or other rights of another, including without limitation copyright; (d) corrupted or otherwise contain viruses or any other similar software or programs that may damage the operation of another’s computer; (e) in violation of any law or regulation; or (f) otherwise inappropriate or offensive.
3.3 We have the right (but not the obligation) to review any or all portions of Your Content and delete, remove or modify any of Your Content in whole or in part for any reason, including if we believe, in our sole judgment, Your Content violates this Agreement or is Prohibited Content, or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation), in our sole discretion, to investigate and take appropriate action, including removing or modifying Your Content, suspending or terminating your account and/or suspending or terminating the provision of our services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with legitimate governmental requests, subpoenas or court orders or to protect the rights or legal position of the Company, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose to the Court and the relevant government or law enforcement authorities any information or content we consider necessary or appropriate, including without limitation your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, Your Content, and your conduct.
4. Third Party Content
TomoNews may contain advertisements and other promotional content of third parties including links to third party websites or vendors (collectively “Third Party Content”). We make no representation or warranty regarding any content, goods or services contained in such Third Party Content, and will not be liable for any claim relating thereto. These Third Party Content is not under the control of Company, and Company has no responsibility for, their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Content to you only as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. Your use of or access to any of the Third Party Content are entirely at your sole risk. We accept no responsibility for any loss or damage that may arise from your use of or access to them.
4.2 Certain sections of or apps belonging to the TomoNews platform may allow you to conduct online purchase different types of products and services that are provided by third parties (the “Merchant”). We do not warrant and are not responsible for the quality, accuracy, timeliness, safety, usability, reliability or any other aspect of these products and services.
4.3 You understand that TomoNews do not act as agent for the Merchant. It is the Merchant, and not TomoNews, responsible for complying with all applicable laws and performing any after sale services or maintenance in relation to these products/services.
5.1 "Personal Data" means any information that allows others to identify or contact you, as well as any other non-public information about you that is associated with any of the foregoing, and may include, but is not limited to, the following:
a. Name (including username)
c. Age / Date of Birth
e. Telephone number
f. Email address
g. Proof of identity
h. Transaction record
i. Bank account number and name of account holder
j. Credit card number, name of bank and expiry date or other account number
5.3 By submitting Personal Data to us and agreeing to these Terms, you have agreed to the various provisions of this Policy. Regardless of when and how you submit Personal Data, by accepting these Terms, you have consented to the collection, use and disclosure of your Personal Data in accordance with this Policy.
5.4 We will use the Personal Data we collect to create your account, identify you as the owner of your account, fulfil your requests, provide and improve our services, contact you, create reports for internal use and for direct marketing, as more specifically set out below.
5.5 DIRECT MARKETING: We will use the email addresses and, if applicable, usernames, telephone numbers and addresses we collect to contact you for the purpose of offering, advertising or promoting to you our goods and services, goods and services of our parent company, subsidiaries and affiliates (who are in the business of media, digital technology, entertainment and/or animation), including Apple Daily, Next Magazine, Next Plus, Sudden Weekly, Sudden Plus, Face, Ketchup, Eat and Travel Weekly, ME, Trading Express and Auto Express, Stock King, TIME-EAT, TOMONEWS and their relevant mobile apps, web sites that run or developed by Next Mobile Interactive or TOMONEWS GAMES as well as the goods and services of our advertisers. Such marketing subjects include but are not limited to the availability of Content, special offers in relation to TomoNews and Content, joint promotional deals with our content providers or advertisers.
5.6 We will collect and log all activities and transactions of your TomoNews account for the purpose of internal records, providing and improving our services, and identifying you as the owner of your account.
5.7 If you provide us with any feedback or contact us via e-mail, we will collect your name and e-mail address, and any other contents included in the e-mail, in order to follow-up, contact and respond to you.
5.9 The Company may transfer or share your Personal Data under the following circumstances:
(a) AFFILIATES’ DIRECT MARKETING - We may share your email address, username, telephone number and address (if applicable) with our parent company, subsidiaries, joint venture entities and affiliated companies which are in the business of media, digital technology, entertainment and animation, including Apple Daily, Next Magazine, Next Plus, Sudden Weekly, Sudden Plus, Face, Ketchup, Eat and Travel Weekly, ME, Trading Ex[press and Auto Express, Stock King, TIME-EAT, TOMONEWS and their relevant mobile apps, web sites that run or developed by Next Mobile Interactive or TOMONEWS GAMES for the purpose of offering, advertising or promoting to you their goods and services and their joint promotional deals with us.
(b) Service Providers - In order to provide better service to you, we may provide your Personal Data to third party service providers, including third party publishers and other service providers who work for the Company and require the relevant information in order to perform services for us.
(c) Payment Processors - We may provide your credit card information and information related to billing and payment to third party service providers engaged on our behalf, including payment processors and/or credit agencies, for the purposes of checking credit, effecting payment, and servicing of your account.
(d) Other Disclosures - We may disclose your Personal Data to (a) respond to subpoenas, warrants, court orders, lawful requests or legal process, (b) establish or exercise our legal rights or defend legal claims or protect other users, (c) investigate, prevent or take action regarding suspected or actual illegal activities, fraud, or otherwise as required by law, or (d) investigate, prevent, or take action regarding any suspected or actual violation of these Terms.
5.10 If you make a purchase from a merchant or an Affiliate on TomoNews, or on a third-party website that you have accessed via a link on TomoNews, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have their own privacy and data collection practices that are different from ours. You expressly understand and agree that we have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through TomoNews, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. You expressly agree to abide by those terms and conditions. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You agree to release us and our affiliates from any loss or damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through TomoNews.
5.11 You agree to be financially responsible for all purchases made by you or someone acting on your behalf through TomoNews. You agree to use TomoNews, and to purchase services or products through TomoNews, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
6.1 No company, including the Company, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your account or Your Content, including your personal information, while it is transmitted over the Internet or stored on our system.
7. Disclaimer and Limitation of Liability
TomoNews, the content, service content and our services are provided on an “as is” and “as available” basis and we do not represent, warrant, or guarantee that TomoNews, the content, service content and our services will be uninterrupted, error-free, virus-free, or that defects will be corrected. To the maximum extent permitted by applicable law, we disclaim all warranties regarding these terms and TomoNews, the content, service content and our services, whether express or implied, including the warranties of merchantability, fitness for any particular purpose or use, non-infringement, accuracy, completeness, or currentness. No warranties are made by any of our suppliers. Your access and use of TomoNews, the content, service content and our services is at your own risk.
7.2 You understand and agree that the submission of any of your content to us through TomoNews or the content is done at your own discretion and risk and that you will be solely responsible for any loss, misuse or damage to your content. You are solely responsible for creating back ups of your content.
7.3 The company operates and provides the site and service from Hong Kong. The company makes no representation that TomoNews, the content, service content and our services are appropriate or available in other locations. The information provided on TomoNews is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation of that jurisdiction or country or which would subject company to any registration or legal requirement within such jurisdiction or country.
7.4 To the maximum extent permitted by applicable law, the company will not be liable in any way for any claim, damage, cost, liability, or loss of any kind, including loss or damage to your account, your content, virtual currency, virtual items, characters, or other data or information, or personal injury, death (provided that death or personal injury resulting from company’s negligence is not hereby excluded), or property damage, arising from or relating to the use of or inability to use TomoNews, the content, service content and our services, for any reason, including without limitation interruptions of TomoNews, content or our service caused by (a) software or hardware failures or ISP disruptions, (b) delays, non-deliveries, errors, system down time, mis-deliveries or service interruptions caused by us, (c) your content, (d) location information provided by you, any other user, or otherwise disclosed on TomoNews, or (e) your or any other user's errors or omissions.
7.5 To the maximum extent permitted by applicable law, in no event will the company be liable in any way for any indirect, incidental, special, exemplary or consequential damages arising from or relating to these terms, TomoNews, the content, service content and our services, even if the company has been informed of the possibility of such damage.
7.6 To the maximum extent permitted by applicable law, company's aggregate cumulative liability to you arising from or relating to these terms, TomoNews, the content, service content and our services, for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amounts you have paid company in the twelve (12) months preceding the date of the first claim giving rise to the liability. You agree that this limitation is a reasonable estimation of loss and that the company’s provision of the content and our service is only on the basis of such limitation.
7.7 You agree that our suppliers will have no liability of any kind arising from or relating to these terms or your use of or inability to use TomoNews, the content, service content or our services.
7.8 You agree that the company is not liable for any loss of your virtual currency or virtual items as a result of any acts outside of the company’s reasonable control, including without limitation acts of hackers or theft. If you are aware of any such unlawful acts, you should give written notice to the Company immediately. If the Company is satisfied that your loss of Virtual currency or Virtual Items was due to such unlawful acts without any negligence or fault on your part, the Company may restore your Virtual currency or Virtual Items to the level immediately before the unlawful acts at the Company’s sole discretion, but in no event will the Company provide any refund of money or other remedies.
7.9 To the furthest extent permissible by applicable law, you agree that we do not assume any responsibility or liability for the content provided by, or the conduct of, any user and you bear the entire risk of continuing to use TomoNews, the Content, Service Content and our services, including your interactions with other users of TomoNews. You agree that Company will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense, incurred as the result of any such interactions with other users or third parties, except where the personal injury or death resulted solely from our negligence.
7.10 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Section may not apply to you or may only apply partially to the furthest extent permitted by applicable laws if you are subject to such jurisdiction.
8.1 You may terminate your account with us at any time and for any reason by providing notice of termination to us through of the following methods: [email protected]
8.2 We reserve the right to terminate or suspend your account or your access to any or all portions of TomoNews or Content at any time, for any reason, including without limitation your violation or breach of any provision in these Terms.
8.3 All licenses granted to you in these Terms will immediately cease upon any termination of these Terms. If your account or access to TomoNews or Content is terminated or suspended whether by you or by Company, subject to the Company’s absolute discretion you will not be entitled to any refund nor will any Virtual currency or Virtual Goods be credited or reimbursed to you in any form, whether in virtual form or “real world” form, and you will have no further right to access any of the foregoing or your account.
9.1 To the furthest extent permitted by the applicable law, you agree to defend, indemnify, and hold Company and its directors, officers, employees, agents, partners, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by Company or any Indemnified Party arising out of or relating to (a) your access and use of, or inability to access and use, TomoNews, Content, Service Content or our services, (b) Your Content, or (c) your violation or breach of any provision in these Terms or your violation of any rights of a third party or any applicable laws, except where and to the extent the claim, liability, loss, injury, damage, cost, or expense was incurred by the Company solely due to its own negligence or breach of contract.
10. General Provisions
These Terms constitutes the entire agreement between you and Company regarding your use of TomoNews, Content, Service Content and our services, and supersede and replace any prior written or oral agreements, drafts, arrangements and understandings between you and Company regarding the foregoing. You acknowledge and confirm that in using TomoNews, Content, Service Content and our services and agreeing and accepting these Terms you do not rely on, and shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
10.2 Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision.
10.3 If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed severed so that the remaining provisions are valid and enforceable to the maximum extent permitted by law.
10.4 Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
10.5 You acknowledge that Company shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you of these Terms or infringement of the Company’s intellectual property.
10.6 All trademarks, logos and service marks displayed on TomoNews or the Content (“Marks”) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.7 These Terms and any action related to these Terms will be governed and interpreted by and under the laws of the Hong Kong. You agree that you will submit to the non-exclusive jurisdiction of the courts of Hong Kong.
10.8 If there is any discrepancy between the English and Chinese version of these Terms, the English version shall prevail.
11. Contact Information
11.1 If you have any questions about these Terms, please contact us by e-mail at [email protected]