MOOV Terms and Conditions

Important Notice:

These Terms and Conditions are important. Please read them carefully as they deal with issues such as your commitments to us and our commitments to you relating to MOOV (“Service” or “Services” as the context requires). “We” and “us” mean MOOV (HONG KONG) LIMITED.
If you are a minor (a person aged between 13 and 17), you must first invite your parents (or guardians) to read and understand these Terms and Conditions, and they must agree to comply with and be bound by, together with you, all the contents of these Terms and Conditions. Thereafter, you shall be permitted to download and / or use the software from Service Website (as defined below) and use the Services (as defined below). If you continue to visit or use the Services and / or use or access software from Service Website when these Terms and Conditions have been amended and/or modified , your parents (or guardians) and yourself are deemed to have read, understood, and agreed to comply with and be bound by the amended and/or modified Terms and Conditions.
“Service Site” refers to each and all service platforms, including websites and applications, for the Service including but not limited to applications run in compatible devices. “Content” means any content made available or appearing in the Service and/or on the Service Site including but not limited to any still picture, voice, series of moving images, whether animated or otherwise, music video, music, lyrics, song clips, audio and video recordings, text, articles, editorial works, data, information and/or other material or goods that may be accessed through or on the Service.
Some Service(s) may be accessible only upon payment of a fee (whether to us or other third parties). Part A (Pay Service Terms and Conditions) of these Terms and Services apply to your subscription of such paid Services. Part B (Service Terms and Conditions) of these Terms and Services apply to anyone (including users to which Part A applies) accessing the Service Site and/or uisng the Service. The reference to “these Terms and Conditions” shall include both Part A (Pay Service Terms and Conditions) and the Part B (Service Terms and Conditions).

A. PAY SERVICE TERMS AND CONDITIONS

1. Age and Application
   1. You have to be aged 18 or above. If you are a minor (a person aged between 13 and 17), you can only use our Services if your parents (or guardians) apply to set up an Account on your behalf.
   2. If you submit your application other than by means of paper application, you agree to, at our request, sign a hard copy of these Terms and Conditions.
2. Commitment Plan
   1. Subscription to any commitment plan for the Service will be for such period as specified in your application (“Commitment Period”). If you terminate your subscription prior to the expiry of the Commitment Period, you shall forthwith pay us or the authorized third parties (i) all accrued fees, and (ii) an early termination charge equivalent to the total charges payable by you for the subscription from the date of termination to the expiry of the Initial Period.
   2. Unless you terminate the Service through online management at the Service Site or through the service hotline on 1833866 or through the authorized third parties (if applicable) or unless otherwise stated in the relevant specific terms and conditions of your particular subscription, upon expiry of the Initial Period, your subscription to the Service will be automatically renewed on a period-to-period basis at the prevailing rate.
3. Monthly Plan
   1. Subscription to any monthly plan will be automatically extended on a month-to-month basis unless you terminate the Service through online account management at the Service Website or through the service hotline at 1833866 at least one day prior to the last day of the monthly cycle or through the authorized third parties (if applicable) prior to the designated time.
   2. No refund will be made for any service fees paid in advance for the Service prior to its termination.
4. Periodical Service Pass
   1. For Service where a fee is payable on a per transaction basis and entitle to you to the relevant period of service as described at your time of subscription, we will invoice you for all fees which relate to your use of the Service at such intervals as described in the relevant service terms. Fees may include but are not limited to usage fees, handling fees and any other relevant fees and charges from time to time which relate to your use of the Service.
5. Fees
   1. Fees will be calculated by reference to data recorded or logged by us or our affiliates and not by reference to any data recorded or logged by you. Records held and logging procedures adopted by us will be conclusive evidence of the usage of the Service, the fees payable by you (whether to us or any third parties).
   2. Unless otherwise specified, all subscription fees are payable monthly in advance and usage fees will be payable in arrears.
   3. We may from time to time offer discount to subscription fees payable by you. In relation to such discount, we may impose certain terms and conditions. If at any time you fail to satisfy any of such terms and conditions, the discount will be automatically forfeited; and in such a case, you will be automatically charged at the then prevailing price in the next billing period.
   4. Unless otherwise specified, all currency references are in Hong Kong dollars.
6. Payment
   1. You may settle any fees payable by you through any payment method as may be made available by us (or the authorized third parties) from time to time. Any fees which are recurrent in nature (i.e. subscription fees) will be automatically charged through such payment method as selected by you.
   2. We have the right to, at any time and at our sole discretion, accept or reject the payment method selected by you. If no effective payment method is in place or any payment duly payable to us is not timely received for any other reason, your access to the Service may be suspended and no refund will be available in relation to Service so suspended; such access will only be restored upon full settlement of all accrued charges and putting in place a payment method accepted by us (or the authorized third parties).
   3. Where you have specified any part or all of the fees to be billed through our affiliates or agents, our affiliates or agents may invoice you as per the methods determined by such affiliate or agent (“Agent Invoice”). You agree to settle the Agent Invoice in full as per the payment terms specified in the Agent Invoice.
   4. Where you have specified any part or all of the fees to be charged to your credit card or electronic payment method account (“Payment Account”), you hereby authorize us to charge your Payment Account the full amount of such Fees at any time or interval as determined by us as appropriate. For the avoidance of doubt, such authorisation will continue after the expiry date of Payment Account in respect of any Fees which are recurrent in nature (i.e. subscription fees) and Fees are settled by credit card. Where you are not the holder of Payment Account, you warrant that you have obtained authorisation from the holder. The verification and authentication of the Payment Account information provided are handled by the issuing party. We will not be responsible for any matters arising therefrom.
   5. Any disputes regarding fees on a statement for the Payment Account must be raised within 30 days of the statement date notwithstanding, where relevant, any terms to the contrary in any agreement with the contracting party of the Payment Account.
   6. Any dispute regarding fees on an Agent Invoice must be raised within 30 days of the Agent Invoice date notwithstanding, where relevant, any terms to the contrary in any agreement with the affiliate or agent.
   7. If you have not settled any Agent Invoice by the due date, we or our affiliates or agents reserve the right to charge interest on any outstanding amount at such rate applicable to the payment means specified by you until the invoice has been paid in full; and to charge a handling fee, collection agency fee, reconnection fee and/or require a security deposit. At the sole discretion of affiliates and agents, the Service and any service that may be provided by our affiliates or agents may be suspended or terminated until such time when all Agent Invoices have been fully settled and paid.
   8. You agree that we may transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts, whether they have been terminated or suspended.
   9. Please note that no credit or refund is available in respect of any time when the Service or any part thereof is disrupted or suspended (i) for maintenance or (ii) as a result of technical difficulties or (iii) a circumstance beyond our reasonable control or where you are not able to access or stream the Content for whatever reason.
7. Service Account
   1. You may only access the Service in Hong Kong Special Administrative Region (“Hong Kong“) and by using a login ID as accepted by us (“Service Account”) and related password. You:
      1. will safeguard your Service Account and related password and ensure that they are not disclosed or provided to any other person;
      2. will not disclose your Service Account and related password or permit other persons to use your Service Account and related password(s) to access the Service;
      3. accept that there may be some Content on the Service which is not suitable for viewing by minors and an associated marking will be displayed next to such Content. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content with you and for generally ensuring that minors do not access such Content using your Service Account and related password(s); If you are a minor (a person aged between 13 and 17), you must be accompanied by your parents (or guardians) in order to access the Content;
      4. agree that we will treat any access to the Service by means of the Service Account as access and use by you; and
      5. without prejudice to Clause 7.1.4, immediately report to us any unauthorized use of the Service Account.
8. Effect of your termination of your subscription
   1. Under no circumstances will you be entitled to a refund of any fees interest on any security deposit or any pro rata prepayment of any monthly subscription fee upon your termination of your subscription.
   2. Upon the termination of your subscription, all licences, rights and privileges granted to you shall cease. Termination of your subscription shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these Pay Service Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination. As described more specifically to you when you subscribed to certain type of subscription plans, such type of subscription plan (“Upgrade Plan”) may be contingent upon you concurrently having subscribed to another companion underlying subscription plan that is not terminated or suspended (“Base Plan”); in such cases, if a Base Plan is terminated or suspended, subscriber will not be able to access or use the Service or part of the Service corresponding to such subscribers’ Upgrade Plan and will not be entitled to any refund or extension in relation to the Upgrade Plan.
9. Termination of the Service
   1. We may terminate the Service (i) at any time on the giving of at least one calendar month notice to you or (ii) immediately by notice to you if we cease to have the right to provide the Service. In the case of (ii), we will refund to you on a pro-rata basis any fees that you have paid in advance for the Service.
   2. If your access to a particular Service is associated with your subscription to any other PCCW services, such as Netvigator Broadband, now TV, csl, fixed-line services, we shall be entitled to terminate your access to the Service if you cease to be a subscriber to these other PCCW services.
   3. Upon the date of termination of the Service, all licences, rights and privileges shall cease. Any termination of the Service shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these Pay Service Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
10. Limitation of liability
    1. You agree that our liability in connection with the Service under this Section A shall in any event not exceed the total fees paid by you to us for the immediately preceding twelve months prior to any incident giving rise to a claim or one thousand Hong Kong dollars (HK$1,000) whichever lower.

B. SERVICE TERMS AND CONDITIONS

By accessing the Service Site and/or using the Service, you will be treated as having accepted and agreed to be bound by these Service Terms and Conditions. These Service Terms and Conditions shall apply to you based on your access and/or use of the Service, as applicable.

1. Our rights and responsibilities
   1. Some parts of the Service may only be accessible (i) by you using a login ID as accepted by us (“Service Account”) and related password and/or (ii) in Hong Kong Special Administrative Region (“Hong Kong”) only; in these cases you may be required to pay a fee for such access. Any application for the Service (if required) is subject to acceptance by us.
   2. We may:
      1. deactivate the Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs. If we do so, we have no responsibility to pay you any compensation for any loss resulting from such interruption or suspension;
      2. expand, reduce and/or modify any part of the Service or any Content; and
      3. introduce fees and/or amend these Service Terms and Conditions, and/or amend any operating and/or usage rules which govern your use of the Service or the Content by posting the details of such amendments on http://moov-musc.com such amendments to take effect immediately upon such posting being made.
2. Your responsibilities
   1. You:
      1. have to be aged 18 or above (unless otherwise expressly waived by us under any offer/service plan); If you are a minor (a person aged between 13 and 17), your parents (or guardians);
      2. are only authorized to use the Service, the Content for your own personal and non-commercial use in accordance with these Service Terms and Conditions;
      3. will be strictly and solely responsible for your own use of the Service and the Content and any use of the Service by any party who uses the Service by using your Service Account will be treated by us as use by you;
      4. must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify, prepare derivative works based on or display the Content or cause the Content to otherwise be displayed in public without our prior written consent;
      5. will abide by all relevant laws of the Hong Kong and any operating and/or usage rules, as amended from time to time;
      6. will provide true, accurate, current and complete information about yourself as required to use of the Service (“User Data”);
      7. will agree to maintain and promptly update the User Data you have submitted to us and keep it true, accurate, current and complete;
      8. will not provide any information that is untrue, inaccurate, not current or incomplete;
      9. will upon our request, sign a hard copy of these (or parts of these) Terms and Conditions, as applicable;
      10. will report any violation of these Service Terms and Conditions to our customer service team;
      11. safeguard your Service Account and related password and ensure that they are not disclosed or provided to any other person; and
      12. access the Service from only one computer, mobile device, tablet or other personal electronic device (“Device”) at any time.
   2. You agree not to:
      1. restrict or inhibit any other persons from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service or the Service Site;
      2. use the Service, the Service Site, the Content or the Software (as defined in Clause 5.1) for any unlawful purpose or any purpose not expressly authorized by these Service Terms and Conditions;
      3. assign, transfer or sub-license all or any part of the Service Site, the Content or the Software;
      4. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service Site, any of the Software, any Content consisting of downloadable software;
      5. remove any copyright, trademark, or other proprietary rights notices contained in the Service or the Content;
      6. copy and/or frame any part of the Service or the Content without our prior written authorization;
      7. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Service or the Content;
      8. collect information of users of the Service;
      9. hack, break into, or attempt to hack or break into, in any manner the Service, the Content, and/or any data areas on our server(s) or that of any third parties;
      10. access or use the Service or the Content for any purpose not expressly authorized under these Service Terms and Conditions;
      11. download, copy, store, song rip, distribute, share or re-direct any Content from the Service in any way or through any media;
      12. disclose your Service Account and related password or permit other persons to use your Service Account and related password(s) to access the Service;
      13. incorporate or attempt to incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
      14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any contents transmitted through the Service; and
      15. interfere with or disrupt the Service or servers or networks connected to the Service.
3. Privacy Policy, Personal Data and Information
   1. We collect, process, disclose, retain or use your Personal Data in accordance with the Privacy Policy Statement which can be found at www.pccw.com/legal/privacy.html. If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may not be able to provide the Service to you if your provision of the requested Personal Data is necessary in order for us to provide the Service to you.
   2. If and when we request information about yourself as required to process your application or access of the Service (“User Data”), you agree to:
      1. provide true, accurate, current and complete User Data;
      2. maintain and promptly update the User Data you have submitted to us and keep it true, accurate, current and complete; and
      3. not to provide us with any information that is untrue, inaccurate, not current or incomplete, and if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Service Account without refund and refuse any and all current or future use of the Service.
   3. If you connect your Service Account with any of your accounts at any third-party service platforms such as your Facebook account, Google account or Apple ID (“Third-Party Platform Account(s)”), you authorize us to collect certain of your personal information of such Third-Party Platform Accounts, including but not limited to your last name, first name, e-mail address, gender and list of the pages you have liked and others, to the extent permitted by the relevant third-party service platform. We collect your full name for the purposes of providing services that you have applied for or are currently using and any related services. We may collect your other personal information such as gender and the pages you have ‘liked’ for the purposes of providing, personalizing, and improving your experience with our services and products. For instance, we provide customized selection of songs to you by reference to your gender and age
   4. If you connect your Service Account with your Third-Party Platform Account(s), the default setting may be that the Service Account automatically shares your activity and activity-related stories including but not limited to the music you listen to, with such Third-Party Platform Account(s). You understand and agree that such information may be attributed to your Third-Party Platform Accounts and may be published on such relevant third-party service platforms.
   5. If you lose your access to Third Party Service Account(s) or the Third Party Service Account(s) no longer valid, we have the right to suspend or terminate your Service Account without refund and refuse any and all current or future use of the Service. We are not responsible for and we cannot help you recovery access to any Third Party Service Accounts. To use the Service(s) you may need to create a new Service Account and your records of old Service Account, including but not limited to your playlist and / or your song collection, cannot be recovered.
4. Acknowledgements
   1. You acknowledge that:
      1. at any one time only one video or sound track may be played through the Service;
      2. We may from time to time limit the number of devices that may be registered with a Service Account;
      3. we do not exercise any editorial control over and do not make any claims as to the truth of the statements and articles written by our guests in the Service;
      4. we do not vouch for or warrant the accuracy, completeness or usefulness of any Content and are not responsible for the Content;
      5. any Content solely expresses the view of the author of the Content, not our views or any entity associated with us;
      6. we disclaim all liability for any of the Content posted on the Service;
      7. your use of different web pages of Service Site or web sites linked to the Service may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web page or website in addition to these Service Terms and Conditions and will prevail over these Service Terms and Conditions to the extent of any inconsistency;
      8. nothing you do on or in relation to the Service or the Content will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly stated;
      9. accept that there may be some Content on the Service which is not suitable for viewing by minors and an associated marking will be displayed next to such Content. You are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content with you and for generally ensuring that minors do not access such Content using your Service Account and related password(s); If you are a minor (a person aged between 13 and 17), you must be accompanied by your parents (or guardians) in order to access the Content;
      10. parts of the Service and the Content may be provided or maintained by third party providers and not by us; in such cases, your correspondence or dealings with any third party provider are solely between you and that third party provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings;
      11. unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to these Service Terms and Conditions;
      12. we may at any time employ and/or install Software in any Device used by you, for purposes including but not limited to your access / use of Service(s), detecting any downloading, copying, storing, song ripping, distribution, sharing or re-direction of any Content from the Service in any way or through any media; and
      13. the provision of the Service is contingent upon the service (including but not limited to streaming capacity) capacity allocated by us for the Service and the reliability and stability of your internet connection which is out of our control. We will not be liable to you or any other third parties including users of the Service (whether authorized or not) for any failure or delay in accessing the Service or any part thereof (whether due to the lack of streaming capacity or otherwise) and/or the consequences or effects on your internet connection, its speed and/or bandwidth that may be caused by the Service.
      14. The materials contained and provided in this Therapeutic Music Library (the “Library”) are for your general information and interest only and are not intended to provide you with any medical information, advice or treatment. We do not recommend or endorse any person, procedure, opinion, instruction, product or any other information contained in the Library. No representation or guarantee as to the fitness for purpose is made in relation to any materials contained in this Library. For any medical advice on your individual needs, please consult your doctor or any other relevant professionals or medical practitioners.
      15. “MOOV Beat Runner” is for your interest only and is not intended to provide you with any health or physical fitness advice or training. The data, indicators, calculations, or any other information provided in “MOOV Beat Runner” are based on certain assumptions and are for your reference only. No representation or guarantee as to the fitness for purpose, accuracy of information or your achievement of certain outcome or result is made in relation to “MOOV Beat Runner”. You understand that you use “MOOV Beat Runner” at your discretion and your own risk and you should not use, or should stop using, “MOOV Beat Runner” if you do not feel well. For any health or physical fitness advice or training on your individual needs, please consult your physical fitness trainer or any other relevant professionals.
5. Software Licence
   1. You will from time to time be requested to download software, applications and/or programs from the Service (“Software”) and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your Device in accordance with these Service Terms and Conditions and any software licence which accompanies the Software but not further or otherwise.
   2. You agree to download and install the Software in the Devices to be used by you for using the Service, such programs and applications as specified by us for security purposes and/or for accessing the Service.
   3. You acknowledge that we may refuse to provide the Service to you in the event of your failure to successfully download and install the Software.
6. Links and Advertisements
   1. We have no control over any third party web sites linked to the Service and are not responsible for the content or accuracy of any off-site pages or any other third party web sites linked to the Service (including without limitation sites linked through advertisements). Some links which appear on the Service are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Service Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links and advertisements on the Service.
   2. We use third-party advertising companies (such as Doubleclick) to track and/or measure advertising effectiveness on the Service Site and other web sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Service Site and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interests to you.
7. Coupons redemption
   1. If you receive any coupon issued or accepted by us (“Complimentary Coupon”) which entitles you to redeem any Service for free or at a discount (“Complimentary Service”), you must redeem the Complimentary Coupon on or before the expiry date printed on the Complimentary Coupon or within such period as notified by us, whichever is earlier. Any Complimentary Coupon not redeemed within the said period will be invalidated automatically without notice.
   2. In addition to any conditions that may be printed on the Complimentary Coupon, all Complimentary Coupons are subject to the following conditions:
      1. Complimentary Coupons are not redeemable for cash or any other goods or services;
      2. Complimentary Coupons are not transferable and may not be exchanged with any third party for money or otherwise;
      3. We may at any time and without notice to you invalidate a Complimentary Coupon for any of the following reasons:
         1. fraud (actual or suspected);
         2. misuse;
         3. breach of any terms and conditions related to the Complimentary Coupon;
         4. these Service Terms and Conditions is terminated pursuant to Clause 13;
         and
         5. any other cause reasonably required to protect our interests.
      4. For all matters relating to the redemption of the Complimentary Coupon, we shall have sole determination, and our decision shall be final and conclusive.
   3. Should any of the conditions listed in Clause 7.2 conflict with the conditions printed on the Complimentary Coupon, the former shall prevail.
   4. For the avoidance of doubt, your use of any Complimentary Service is subject to these Service Terms and Conditions. Your redemption of the Complimentary Coupon constitutes your agreement to be bound by these Service Terms and Conditions.
8. Other platforms
   1. If we make available to you the Service in any other platform you agree to be bound by such terms and conditions as we may impose from time to time. We have the absolute discretion to cease to make the Service available on such other platforms as we may determine.
   2. Currently, the Service is also made available to you as a mobile application. In addition to these Service Terms and Conditions, the following will apply to your use of the mobile application:
      1. You may download the application and access the Service through a compatible device.
      2. References to “Device” will mean the compatible device.
9. Additional Terms for Tethered Downloads
   1. We may make available certain Content for you to download and store the same to your Device(s) registered with your Service Account (“Tethered Downloads”) for your own personal, non-commercial use in accordance with these Service Terms and Conditions.
   2. Tethered Downloads will only be accessible (i) for the month which you have paid for the Service and (ii) you must regularly login to the Service.
   3. You have to bear all risk of loss related to any Tethered Downloads including any loss due to a device or hard drive crash.
   4. You have no right to provide any Tethered Downloads to any other party or through any other means.
   5. For the avoidance of doubt, save and except as varied by this section, all other provisions in these Service Terms and Conditions apply to all Tethered Downloads.
10. Additional Terms for Downloadable Content (other than Tethered Downloads)
    1. We may make available certain Content (namely, sound recordings, videos and related digital content (“Downloadable Content”)) for purchase or redemption by you such that you may download, copy and store the same to your personal Device for your own personal, non-commercial use in accordance with these Service Terms and Conditions. Unless otherwise specified in the Service Site or the Redemption Coupon, you must download the Downloadable Content within 14 days from the date of your purchase or redemption (“Download Period”). Upon the expiry of the Download Period, the Downloadable Content purchased or redeemed by you will automatically expire and you will not be entitled to any refund or exchange.
    2. All transactions for Downloadable Content via the Service are final and we do not accept any returns. In all cases, you bear all risk of loss for any Downloadable Content that you have downloaded, including any loss due to a Device or hard drive crash. If for any reason the delivery of the Downloadable Content purchased or redeemed by you is delayed or prevented within Download Period, your sole remedy with respect to the Downloadable Content that is not successfully delivered will be a reload or a refund of the price paid for such Downloadable Content, at our discretion.
    3. You have no right to provide any Downloadable Content obtained through the Service to any other party or through any other means.
    4. For the avoidance of doubt, save and except as varied by this section, all other provisions in these Service Terms and Conditions apply to all Downloadable Content.
11. Additional Terms for MOOV Membership
    1. We will grant to you a specific membership class (“MOOV Membership”) upon your successful subscription to one of our paid Service plans or offers and/or fulfil other conditions as defined by us from time to time (collectively the “Membership Conditions”).
    2. Your MOOV Membership will be displayed in the Service (which may be under My Setting or other part of the Service as we decide from time to time).
    3. Your MOOV Membership will expire (or be adjusted) when your Membership Conditions expire, are no longer valid or are being terminated or as may be otherwise designated by us in our sole and absolute discretion.
    4. You may enjoy certain promotional offers, discounts, benefits and/or privileges provided by third parties collaborating with us (“Offers”) with reference to your MOOV Membership and by showing your e-membership card (which could be accessed via the mobile application of MOOV or other means as provided by us) to the relevant third parties. The Offers may be subject to additional terms and conditions of MOOV or the third parties providing the Offers. The details of the Offers can be found on the Service Site.
    5. Any dealings in relation to the Offers are solely between you and the third parties providing the Offers, and you deal with such third parties at your own risk. We will not be liable or responsible for any loss and/or damage of any sort incurred as the result of any such dealings or as the result of the presence of any information or materials concerning the Offers on the Service Site.
    6. Notwithstanding anything to the contrary in this Clause 11, MOOV reserves the sole and absolute discretion in determining (i) whether to grant you a MOOV Membership, (ii) which specific class of MOOV Membership to grant to you, and (iii) whether and when to discontinue your MOOV Membership.
12. Additional Terms for User Generated Content
    1. The Service Site and/or the Service may contain Content created, uploaded, posted, shared, emailed or otherwise electronically transmitted (“Posted” or “Post” as the case may be) by users of the Service Site and/or the Service, including you (“User Content”).
    2. You must not Post, or allow to be Posted via your Service Account, any Content onto the Website or the Service that:
       1. you do not have the right to Post;
       2. is defamatory or libelous or in contempt of any legal or other proceedings;
       3. is misleading or deceptive;
       4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
       5. denounces religious or political beliefs;
       6. includes religious or political material which is or is likely to be offensive;
       7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
       8. is of a menacing character;
       9. is likely to cause annoyance, inconvenience or anxiety;
       10. is likely to encourage crime, public disorder, violence or hatred;
       11. is likely to damage public health, safety or morals;
       12. infringes any copyright, trade mark, patent or other intellectual property right of another person, regardless of whether such rights are known to you;
       13. contains any unsolicited or unauthorized advertising or promotional material;
       14. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any Device software or hardware;
       15. impersonates any person or misrepresents your relationship with any person; or
       16. contravenes any applicable law, regulation, code of conduct, guideline, or is otherwise in non-compliance with the requirements or orders of any governmental or regulatory authorities or courts.
    3. We do not actively monitor or exercise active editorial control over User Content (including any content created by you or via your Service Account). However we reserve the right:
       1. to access or examine any User Content;
       2. at our discretion and without prior notification, to move, block, suspend, remove or disable access to User Content which we consider, in our sole opinion, to breach any law, regulation, code of conduct, guidelines or these Service Terms and Conditions, or to be otherwise unacceptable, undesirable or unsuitable; and
       3. to make claims or demands, or take actions or legal proceedings in relation any disputes relating to any User Content.
    4. You acknowledge that we may remove Content Posted by you or via your Service Account, or any other User Content, in accordance with any applicable guidelines, such as guidelines relating to period of storage or the maximum storage space which is allotted to you or any relevant user.
    5. In relation to any Content Posted by you or via your Service Account, you hereby waive any intellectual property rights that you may have in such Content or materials and acknowledge that we have the right throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, incorporate in other works (whether electronic or not), distribute, perform and display such Content or materials, whether in whole or in part. To the extent that any of such intellectual property rights cannot be waived or is, for whatever reason, still owned by you, you hereby grant us a perpetual, irrevocable, royalty-free license throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, incorporate in other works (whether electronic or not), distribute, perform and display such Content or materials, whether in whole or in part.
    6. Although we will use reasonable endeavors to maintain the User Content, we do not undertake to provide support or maintenance services for any User Content. We urge you to keep backup copies of Content or User Content you Post to, maintain or use with the Website and/or the Service.
    7. When your registration or Service Account is cancelled, suspended, or downgraded, you may no longer have access to Content or User Content you have Posted to, or which you keep or collect on or via, the Website and/or the Service, and we may delete such material.
13. Indemnities
    1. You agree to indemnify us against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by us arising from or which is related to:
       1. your use or access of the Service, the Content (including any User Content), or the Software;
       2. any Content Posted by you or via your Service Account; and
       3. any breach or non-observance of any term of these Terms and Conditions.
14. General Warranties & Liability
    1. To the fullest extent permitted by law, we disclaim any representation or warranty whether express or implied as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Service, the Software and/or any Content, that the Service will be uninterrupted or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of any part of the Service and/or any of the Content unless otherwise specifically mentioned in these Service Terms and Conditions. We disclaim any representation or warranty that the service will meet your requirements and/or your access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code or other harmful components or otherwise secure.
    2. Where the Service is provided free-of-charge, you agree that our liability in connection with the Service shall in any event not exceed one hundred Hong Kong dollars (HK$100).
    3. We expressly disclaim any liability for:
       1. any damage to or loss of data suffered by you arising from your use of the Service, the Software and/or any Content;
       2. any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;
       3. any claim relating to any part of the Service or any of the Content supplied, provided, sold or made available by or through the Service (or any failure or delay to so supply, provide, sell or make available);
       4. any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using the Service or the Content;
       5. any disruption or suspension of the Service or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and
       6. any infringement of intellectual property rights arising from your use of the Service, the Software, any Content.
15. Our other rights to suspend/end your subscription/access to the Service
    1. We may limit, end, suspend or restrict your access and/or subscription to any or all the Services by giving you notice (to the extent that it is reasonably practicable to do so) if:
       1. the law requires us to do so;
       2. there is a situation that affects our ability to provide the Services;
       3. you become bankrupt or insolvent or appear likely to be;
       4. we are of the opinion that such action is appropriate as a result of your use of the Service or where you breach any term of these Terms and Conditions;
       5. the Services and/or any relevant Content is withdrawn from distribution, discontinued or otherwise becomes unavailable through the Service Site for whatever reason; or
       6. we no longer hold the right to provide the Services and/or distribute any Content.
16. Termination
    1. We may terminate any part or all of the Services (i) at any time on the giving of at least one calendar month notice to you or (ii) immediately by notice to you if there is any suspected or actual breach by you of any term of these Service Terms and Conditions or we cease to have the right to provide the Service.
    2. If your access to a particular Service is associated with your subscription to any other PCCW services, such as Netvigator Broadband, now TV, csl, fixed-line services, we shall be entitled to terminate your access to the Service if you cease to be a subscriber to these other PCCW services.
17. Effect of Termination
    1. Upon the date of termination of the Service, all licences, rights and privileges granted to you under these Service Terms and Conditions shall cease. Any termination of the Service shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision contained in these Service Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
18. Unauthorized access
    1. Unauthorized access to the Service is a breach of these Service Terms and Conditions and a violation of the law. You agree not to access such parts of the Service where login is required by any means other than through the Service Account and related password. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Service, the Content or the Service Websites except those automated means that we have given prior written approval for.
19. General
    1. We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in these Service Terms and Conditions to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under these Service Terms and Conditions to any person or entity without our prior written consent. The English version of these Service Terms and Conditions shall prevail over any Chinese version (if any) which is provided for information purposes only. If any term or condition of these Service Terms and Conditions becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from these Service Terms and Conditions and shall be deemed to be deleted from these Service Terms and Conditions. These Service Terms and Conditions shall be governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
    2. All notices and other communications hereunder to us shall be in writing and shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by facsimile transmission (receipt confirmed) during our normal business hours to such facsimile number, or on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
    3. All notices and other communications hereunder which we give to you will be in such form and manner as we deem appropriate and shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS) or facsimile transmission; on the day of posting, if posted on http://moov-music.com or the customer service section of the Service Site; on the third business day following mailing, if mailed to your address last notified to us.