Legal Notices
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
1. TERMS OF USE
Welcome to the Fortune Star International website. The Fortune Star International website (“the Site”) is made available to you by Star Group Limited of 8/F, One Harbourfront, 18 Tak Fung Street, Hung Hom, Kowloon, Hong Kong and its Affiliates (“STAR”).
The Terms of Use set out below ("TOU") govern your use of the Site’s online service and your participation in any discussion groups or forums on the Site. The Site includes software, services, applications, features, information, discussions, materials and other content available on the Site (collectively, “Content”). You must comply and adhere to this TOU in order to access and use the Site. This agreement is between you and STAR and by visiting the Site (whether or not you are a registered member) or using any of the Content on the Site, you are accepting this TOU.
Please read through the TOU carefully and contact us at fortunestar@startv.com if you have any questions or comments about this TOU
2. CHANGES TO THE TERMS OF USE BY STAR
STAR may change this TOU at any time and such change shall be effective upon posting the new TOU on the Site at fortunestar.startv.com. Any visit to the Site or use of the Content on the Site by you after the new Terms are posted will indicate your agreement to such change. Please check this page regularly to ensure you are familiar with the most updated terms.
3. ACCESS AND USE OF THE SITE AND THE SERVICES
You must be at least 13 years of age to visit the Site or use the Content available on the Site. All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using any interactive communication content or features available on this Site.
STAR is pleased to grant you a limited license to access and make personal, non-commercial use of the Content. STAR owns and retains all rights to the Content. The Content provided to you is owned by STAR and its licensors. The Content are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. All marks (whether registered trademarks or otherwise) used on the Site are either owned by STAR or licensed to STAR. You may only use the these marks and trademarks with STAR’s express permission.
4. USE OF THE CONTENT AND ENABLING APPLICATIONS
The Content is intended only for your own use and you must not alter or erase any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained STAR’s prior written consent or unless it is expressly permitted by STAR on the Site. STAR is limited by the rights that its content licensors grant to STAR. Using technologies to access the Content from territories where STAR does not have rights is prohibited.
The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained STAR’s prior written consent or unless it is expressly permitted by STAR on the Site. This prohibition applies even if you do not extract any commercial benefit from the derivative material or you intend to give away the derivative materials.
You must not modify, enhance, or otherwise alter in any way any portion of any applications (or its underlying technology) provided by STAR on the Site to enable you to use the Content or to upload material to the Site (“Enabling Applications”). This restriction includes disabling or otherwise modifying the Enabling Applications in a manner that enables users to view or use the Content or upload material to the Site.
You may not use the Content, including any Enabling Applications, or Post any User Material in any manner that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").
5. YOUR RESPONSIBILITIES.
In order that we continue to operate the Site and provide Content over the Site safely and in an appropriate manner, we need you to use the Site and Content for lawful and appropriate purposes only. More specifically, in using the Site or the Content, you agree not to do anything that:
- violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- uses technology or other means to access the Content other than the Enabling Applications (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the Content);
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, impair, or gain unauthorized access to the STAR servers, computer network, or user accounts;
- attempts to collect personally identifiable information in violation of STAR’s Privacy Policy;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these TOU, guidelines or any policy posted on the Site; or
- interferes with any other party's use and enjoyment of the Site or Content.
6. SPAM AND OTHER UNSOLICITED COMMUNICATIONS.
You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. We may take technical measures to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to STAR and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay STAR HK$50 for each such unsolicited communication you send through the Site.
7. DOWNLOADS
In order to participate in certain services offered over the Site, or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these TOU.
7. UPLOADS, POSTINGS, USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Certain features of the Site enable you to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material") on forums, blogs, noticeboards etc available on the Site. Posting of User Material is subject to the following rules.
You must not Post User Material that: (a) contains Unsuitable Material (as defined in this TOU); or (b) improperly claims the identity of another person.
You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant STAR the license below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. STAR will remove all User Material if it believes or is notified that such User Material infringes on another person's rights. STAR does not guarantee any confidentiality with respect to any User Material.
STAR does not claim any ownership rights in User Material Posted. However, by Posting your User Material, you grant STAR a royalty-free licence to use, display, reproduce, distribute, sub-license, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Site or any other website or publication managed and operated by STAR or its affiliates worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created.
By Posting your User Material, you also hereby grant each user of the Site a non-exclusive limited license to access your User Material through the Site, and to use, display, reproduce, distribute, and perform such User Material as permitted through the Enabling Applications and under these TOU.
Despite these restrictions, users may still Post Unsuitable Materials. STAR does not endorse any User Material, and User Material that are Posted do not reflect STAR’s opinions or policies. STAR reserves the right, but have no obligation, to monitor User Material and to restrict or remove what we determine to be Unsuitable Material. STAR will not assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such User Material.
You should notify us of any Unsuitable Material you find through support@fortunestarentertainment.com.
8. SUSPENSION/DISCONTINUATION.
In order that we continue to maintain the quality of the Site’s services and to refresh the Content, STAR may find it necessary to change, limit, suspend or discontinue (temporarily or permanently) any aspect of the Site, including some or all of the Content on the Site, at any time without notice. STAR will not be liable to you for any such modification, limitation, suspension or discontinuance of the Site or the Content.
9. PAYMENTS
Access to the Site and use of the Content and services offered over the Site is free. We may charge for certain premium Content (including services), and you will be notified of this in advance. You will then have an opportunity not to use such premium Content or services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
10. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any STAR representative. You are responsible for all use on your account, including unauthorized use by any third party. It is critical that you do not share your password with anyone.
Please notify us at support@fortunestarentertainment.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing support@fortunestarentertainment.com. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the Site or the Content (including any services) at any time without notice or liability if we determine in our sole discretion that you have breached this TOU, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the Site or Content (including any services) if such use places an undue burden on our networks or servers. We may use technology to limit activities over the Site or in connection with the Content (including any services) or the volume of User Material (as defined below) being Posted.
11. COLLECTION AND USE OF PERSONAL INFORMATION
Please refer to STAR’s Privacy Policy [http://www.startv.com/privacy] for STAR’s approach and commitment to user privacy. The STAR Privacy Policy is incorporated by reference and made part of this TOU. By agreeing to this TOU you agree that your presence on the Site and use of any of the Content on the Sites are governed by the STAR Privacy Policy in effect at the time of your use.
12. 3RD PARTY LINKED WEBSITES AND ADVERTISING
You understand that third party content, linked sites and advertisements found on the Site are not under STAR’s control, and STAR is not responsible for the content of any linked site or the content of any other link contained in a linked site. STAR reserves the right, at its sole discretion to terminate any link or linking programme, at any time and for any reason it considered appropriate. In providing a link, STAR is not endorsing the companies, products or advertisements to which it links, and shall not be responsible for the actions or omissions of any such company, product or advertisement or the quality or design of any product or content. You access the third party sites linked to this Site, or download any content from the third party linked sites entirely at your own risk. Any dealings you have with advertisers on the Site are between you and the advertiser, and STAR will not liable for any loss or claim that you may have against an advertiser.
13. UNSOLICITED SUBMISSIONS
STAR does not knowingly accept unsolicited submissions and materials including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. STAR’s policy is to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any STAR creative work, including a film, series, story, title, or concept, would be purely coincidental.
14. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. THE SITE AND CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STAR DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE SITE OR SERVICES THEREON WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL STAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF STAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY STAR AND HOLD STAR HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE SITE OR THE CONTENT.
15. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided over the Site, including through a link, infringes your copyright, you should notify STAR of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which STAR receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to support@fortunestarentertainment.com. You may also contact us by mail or facsimile at: Syndication & Distribution, Online Support, Digital Technology, Star Group Limited, 10/F, One Harbourfront, 18 Tak Fung Street, Hung Hom, Kowloon, Hong Kong. Facsimile: +852 2621 7009
Your notice must be in writing and contain the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, as is reasonably sufficient to enable STAR to identify and locate the material;
- how STAR can contact you, such as your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to STAR for purposes other than communication about copyright infringement will not be answered. STAR will not hesitate to terminate the accounts of repeat infringers in appropriate circumstances.
16. MISCELLANEOUS
This Site is controlled by STAR from its officers within the Special Administrative Region of Hong Kong. Those who choose to access this Site from other locations do so on this own initiative and are responsible for compliance with applicable local laws, if and to the extent that local laws are applicable. In particular you must not access the Site or any Content hosted on the Site if doing so would result in a breach of the laws of any country or jurisdiction that apply to you. Any claim relating to the Site or the Content will be governed by the laws of the Special Administrative Region of Hong Kong and you agree to submit to the exclusive jurisdiction of the courts located in the Special Administrative Region of Hong Kong.
STAR may assign any or all of its rights and/or obligations in relation to the Site, the Content, User Material or this TOU to any other party, at any time, without notice to you.
The Site may use certain cookies to retain information about you. By using the Site or the Content (whether as a registered user or otherwise), you content to cookies being stored on your computer.
Failure by STAR to strictly enforce any of its rights under or in relation to these terms and conditions shall not be taken as a waiver of those rights, which may be enforced by STAR at any time permitted by applicable law.
This TOU constitutes the entire legal agreement between you and STAR and governs your use of the Site and the Content (but excluding any services, if any, that STAR may provide to you under a separate written agreement), and completely replaces any prior agreements between you and STAR in relation to the Site or the Content. If any provision of this TOU is unlawful, void or unenforceable, that provision is deemed severable from this TOU and does not affect the validity and enforceability of any remaining provisions.
We welcome feedback and comments from you on how we can improve the Site. You can provide feedback and comments to us via the FEEDBACK Button which you will see on the Site or email us at fortunestar@startv.com.
© 2009 STAR Group Limited. ALL RIGHT RESERVED.
TM and Copyright 2005 Fortune Star and its related entities, All right reserved. Use of this website constitutes your acceptance of these terms and conditions and privacy policy. The materials on this website are not to be sold, traded or give away. Any copying, manipulating, publishing or other transfer of these materials, except as specifically provided in the terms and conditions of use is strictly prohibited.