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TERMS OF SERVICE

This OpenSky platform (the "Platform") is owned and operated by One TV Channel Limited. You can discover, view and watch motion pictures, television and other audio-visual entertainment streamed over the Internet to certain Internet-connected TVs, computers and other devices (referred to as “The Services” or “Our Services” below) including all features and functionalities, websites, user interfaces, and any information, text, graphics, software or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) provided through this site. These Terms of Service (“Terms”) govern your use, and access to our Services and apply to all users or visitors (whether registered or unregistered) of our Services.

You must be 18 years of age, or the age of majority in your country or region, to subscribe to our Services. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

We may revise these Terms and our Privacy Policy and Personal Information Collection Statement from time to time. Changes to these Terms and our Privacy Policy and Personal Information Collection Statement will be effective when posted. Your use of this site after any changes to these Terms and/or our Privacy Policy and Personal Information Collection Statement are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you do not agree to be bound by these Terms, you should not use and/or access this site or our Services.

1 OpenSky Account

1.1

To access our Services, you may be required to register an account with us (the “OpenSky Account”) and subscribe to our service plans. You must provide us with your real, accurate, complete and most updated information to us for such registration. The Platform is entitled to suspend or limit the Services and/or Content provided to you if we have reasons to suspect that the information you provided is inaccurate, false, incomplete or outdated.

1.2

The person who created the OpenSky Account and to whom payment is charged is referred to here as the “account owner”. Any persons used or adopted the OpenSky Account to access our Services will be deemed to be accessed by the account owner.

1.3

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. The Platform cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2 The Services

2.1

Our Services may only be available or operational to a range of operating systems, browsers, computers and/or mobile devices of specific configuration or specification which requirement may be updated from time to time.

2.2

The availability of videos, movies and shows to watch through our Services will change from time to time, and from country to country.

2.3

The quality of the display of the streaming videos, movies and shows may vary from computer to computer, and 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. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all service plans allow you to receive HD or Ultra HD content.

2.4

You may view a video, movie or show through our Services primarily within the country in which you have established your account and only in geographic locations where we offer our Service and have the valid licence for such movie or TV show. The content that may be available to watch will vary by geographic location. The Platform will use technologies to verify your geographic location.

2.5

The number of devices on which you may simultaneously watch is limited. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

2.6

You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

2.7

The Platform makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video, movie or show will vary based on a number of factors, including your location, available bandwidth at the time, the video, movie or show you have selected and the configuration of your device for using our Services.

2.8

We continually update our Services, including the content library. In addition, we continually test various aspects of our Services, including our websites, user interfaces, service levels, service plans, promotional features, availability of videos, movies and shows, delivery and pricing. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services.

2.9

Our Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by The Platform on the Services are subject to change. In consideration for The Platform granting you access to and use of the Services, you agree that The Platform, its affiliates or third party service or content providers or working partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

3 Privacy and Data Collection

3.1

Any information that you provide to The Platform is subject to our Privacy Policy and Personal Information Collection Statement , which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy and Personal Information Collection Statement) of such information, including the transfer of this information within Hong Kong and/or to other countries for storage, processing and use by The Platform, its affiliates or third party service or content providers or working partners.

3.2

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your The Platform Account, which you may not be able to opt-out from receiving.

3.3

We may use third-party advertising companies (such as DoubleClick, Google Analytics) to serve this site and other sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. You may find out more information in our Privacy Policy and Personal Information Collection Statement.

4 Content on the Services

4.1

You acknowledge that the Content on this site is subject to copyright and possibly other intellectual property rights of others.

4.2

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person, other than The Platform, who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any such Content given or distributed in or through this site shall not be viewed as endorsed or agreed by The Platform or representing the opinion or intention of The Platform. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

4.3

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

4.4

You are responsible for your use of the Services and/or the Content and for any consequences thereof. Under no circumstances will The Platform be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

4.5

Content owners use Microsoft PlayReadyTM content access technology to protect their intellectual property, including copyrighted content. This service/device uses PlayReady technology to access PlayReady-protected content. If the service/device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the service/device’s ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

5 Your Rights

5.1

The Our Services, and any Content viewed through our Services, are for your personal and non-commercial use only. In particular, you agree not to use the Service for public performances.

5.2

During the validity of your OpenSky Account, we grant you a personal, limited, non-exclusive, non-transferable, licence to use and/or access the Our Services and view the videos, movies and shows through our Service on a streaming-only basis for that purpose subject to your compliance with these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The Platform, in the manner permitted by these Terms and by the applicable laws.

5.3

Except for the foregoing limited licence, no right, title or interest shall be transferred to you.

6 Your Feedbacks

6.1

By submitting, posting or displaying any comments, information, ideas, concepts, reviews or techniques or any other material contained in any communication you may send to us (“your Feedback”) on or through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, make available and distribute your Feedback in any and all media or distribution methods (now known or later developed) and such licence shall continue and last for as long as the right in your Feedback validly subsists in the territory in which your Feedback is used.

6.2

You agree not to enforce any “moral rights” or any such rights attributed to authors in and to your Feedback, to the extent permitted by applicable law.

6.3

You are responsible for your Feedbacks and for any consequences thereof. Your Feedback may be viewed by other users of the Services and through third party services and websites. You should only provide your Feedback that you are comfortable sharing with others under these Terms.

6.4

You agree that the licence you granted to The Platform under paragraph 6.1 includes the right for The Platform to make your Feedback available to its affiliates or third party service or content providers or working partners for the synthesis, broadcast, distribution or publication of your Feedback on other media and services without any obligation to you. Such additional uses by such affiliates or third party service or content providers or working partners will be made with no compensation paid to you with respect to your Feedback.

6.5

We may modify or adapt your Feedback in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Feedback as are necessary to conform and adapt that Feedback to any requirements or limitations of any networks, devices, services or media.

6.6

You are responsible for your use of the Services, for any Feedback you provide, and for any consequences thereof, including the use of your Feedback by The Platform, its affiliates or third party service or content providers or working partners. You understand that your Feedback may be rebroadcasted by our affiliates or third party service or content providers or working partners and if you do not have the right to submit your Feedback for such use, it may subject you to liability. Neither The Platform nor its affiliates or third party service or content providers or working partners will be responsible or liable for any its use of your Feedback in accordance with these Terms.

6.7

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to your Feedback.

6.8

You will fully indemnify The Platform, its affiliates or third party service or content providers or working partners against all actions, losses, claims, damages, costs and expenses of whatever nature arising directly or indirectly from any breach by you of any representation or warranty or any term contained herein.

7 The Platform’s Rights

7.1

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the sole and exclusive property of The Platform and its licensors and content providers. The Services are protected by copyright, trademark, and other applicable laws of the world. Nothing in the Terms gives you a right to use the The Platform name or any of the The Platform trademarks, logos, domain names, and other distinctive brand features.

7.2

The Services and Content that The Platform provides are always evolving and the form and nature of the Services that The Platform provides may change from time to time without prior notice to you.

7.3

The Platform reserves the right, at its sole discretion, to change, modify, add, remove or disable access to any portion of this site, the Content, your OpenSky Account, these Terms and/or our Privacy Policy and Personal Information Collection Statement , in whole or in part, at any time, without prior notice to you.

7.4

We may at any time disable or stop providing the Services for system maintenance, upgrade and/or testing without prior notice to you.

7.5

We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

7.6

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.

7.7

We reserve the right to access, read, preserve, delete, disclose and/or otherwise deal with any information as we reasonably believe is necessary to:
  • (i) satisfy any applicable law, regulation, legal process or governmental request,
  • (ii) enforce the Terms, including investigation of potential violations hereof,
  • (iii) detect, prevent, or otherwise address fraud, security or technical issues,
  • (iv) respond to user support requests, or
  • (v) protect the rights, property or safety of The Platform, its licensors, its service providers, its content providers, its users and the public.
8 Restrictions on Content and Use of the Services

8.1

You agree not to archive, download, copy, reproduce, republish, upload, post, transmit, modify, display, distribute, perform, publish, license, create derivative works from, offer for sale, or use in any way of any material from the Services owned, operated, licensed or controlled by The Platform, except that you may download one copy of the materials onto any single mobile phone or hand-held device for your personal and non-commercial use only.

8.2

You may not do any of the following while accessing or using the Services:
  • (i) access, tamper with, or use non-public areas of the Services, The Platform’s computer systems, or the technical delivery systems of The Platform’s providers;
  • (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • (iii) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service;
  • (iv) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Platform (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with The Platform (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of The Platform is expressly prohibited);
  • (v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
  • (vii) collect any personal data of other users of Our Services;
  • (viii) use the Services for any fraudulent, wrongful or unlawful purpose;
  • (ix) use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  • (x) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services;
  • (xi) express or imply that The Platform endorses any statement you make; reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services.
9 Termination or Suspension of the Services

9.1

The Platform can terminate or suspend the Services and/or any Content at any time without compensation or notice to you, with or without any cause.

9.2

We can also terminate, suspend or restrict your access to our Services or your OpenSky Account, without compensation or notice if:
  • (i) you are, or if we suspect that you are in violation of any of these Terms or engaged in illegal or improper use of the Service;
  • (ii) it is required by any orders from the local authorities or by law;
  • (iii) there is any emergency or events which is out of the control of The Platform;
  • (iv) The Platform no longer has the right or licence to provide the Services;

9.3

The termination of this Agreement however caused shall be without prejudice to any of The Platform’s rights which have accrued prior to such termination and shall not affect any provision of these Terms which is expressly or by implication provided to come into effect on or to continue in effect after such termination.

10 Intellectual Property Policy

10.1

The Platform respects the intellectual property rights of others and expects you to do the same. We will respond to notices of alleged intellectual property infringement that comply with applicable law and are properly provided to us. For any complaint about intellectual property infringement, please provide us with the following information:
  • (i) a physical or electronic signature of the intellectual property owner or a person authorized to act on their behalf;
  • (ii) identification of the intellectual property work claimed to have been infringed;
  • (iii) 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 us to locate the material;
  • (iv) your contact information, including your name, address, telephone number, and an email address;
  • (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
  • (vi) a statement that the information in the notification is true and accurate, and that you are authorized to act on behalf of the intellectual property owner.

10.2

We reserve the right to remove any Content alleged to be infringing without compensation or prior notice and at our sole discretion. In appropriate circumstances, The Platform will also terminate a user’s account if the user is determined to be a repeat infringer.

11 The Services are Available “AS-IS”

11.1

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, each of The Platform, its affiliates, third party service or content providers or working partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

11.2

Each of The Platform, its affiliates, third party service or content providers or working partners make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon.

11.3

The Platform will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content.

11.4

You also agree that The Platform has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services.

11.5

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Platform or through the Services, will create any warranty not expressly made herein.

11.6

Although we will use reasonable endeavours to maintain the Content, we do not guarantee that the Content will be error free or any server storing or operating the Content is free of viruses. We also do not undertake to provide support or maintenance services for the Content.

12 Third-Party Applications and Links

12.1

The Services may contain links to third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“third-party applications”). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such third-party applications; or (ii) the content, products, or services on or available from such third-party applications.

12.2

These third-party applications may import data related to your OpenSky Account and activity and otherwise gather data from you. These applications are provided solely as a convenience to you, and The Platform is not responsible for such applications. Such applications are owned or operated by third parties that are not related to, with or sponsored by The Platform and may not be authorized for use with our Services in all countries.

12.3

Links to such third-party applications do not imply any endorsement by The Platform of such third-party applications or the content, products, or services available from such third-party applications.

12.4

You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party applications.

13 Exclusion and Limitation of Liability

13.1

To the maximum extent permitted by applicable law, The Platform and its subsidiaries, affiliates, officers, employees, agents, third party service or content providers, working partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
  • (i) your access to or use of or inability to access or use our Services;
  • (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users of third parties;
  • (iii) any content obtained from or made available through the Services; and
  • (iv) unauthorized access, use or alteration of your transmission or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not The Platform has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13.2

The Platform specifically disclaims liability for any use of this site, applications and software, and your computers and devices (including their continuing compatibility with our Services).

13.3

In jurisdictions where exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages is restricted but a limitation of a certain maximum extent is permitted, then our liability is limited to that extent.

14 Customer Support

14.1

If you need assistance with your OpenSky Account, or need more information or updates about Our Services, you may contact cs@opensky.tv. In the event of any conflict between these Terms and information provided by our customer services or other portion of this site, these Terms will prevail.

15 Payments and Cancellations

Paid subscriptions for Our Services can be purchased by either (1) paying a one-month subscription fee for a one-month subscription; or (2) paying a multi-month subscription fee which are offered in 6 and 12 month plans with discounted pricing for a multi-month subscription.

Your payment to Our Services will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through the Apple iTunes Store / Google Play Store before the end of the current subscription period.

You can cancel your one-month paid subscription for Our Services at any time, and you will continue to have access to Our Services through the end of your one-month subscription. We do not provide refunds for any partial-month periods or unwatched content.

You can also cancel your paid multi-month subscription for Our Services at any time but you will continue to have access to Our Services up to the end of the current monthly billing period only, and you will have to pay for each past and current month for Our Services at the monthly rate of one-month subscription fee without discount in the case of a refund request. We do not provide refunds for any partial-month periods or unwatched content.

The Platform may change the price for the paid subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Our Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Our Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

16 Miscellaneous

16.1

The failure of The Platform to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.2

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16.3

These Terms and our Privacy Policy and Personal Information Collection Statement are the entire and exclusive agreement between The Platform and you regarding the Services (excluding any services for which you have a separate agreement with The Platform that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between The Platform and you regarding the Services.

16.4

The headings and subtitles in these Terms are for convenience only and have no legal or contractual effect.

16.5

These Terms, and any disputes arising out of or in connection with these Terms, shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.

16.6

These Terms are available in English and in Chinese (both Chinese Traditional and Chinese Simplified). In the event of any inconsistency, the English version shall prevail.