Astro 双星 - 追剧达人的社区网络

SHUANG XING WEBSITE TERMS AND CONDITIONS

These terms set out here shall be known as the Shuang Xing Website Terms and Conditions (“SHX Terms”) and shall govern the access, use and operation of the Shuang Xing Website (“SHX Website”).

The SHX Terms are in addition to the Astro Website Terms of Use & Notices (“TOU & Notices”) and the Astro Privacy Policy (“Privacy Policy”). To learn more about how Astro collects and protects your personal date, refer to our Privacy Policy. Any non personal information or material submitted by you will generally NOT be treated as confidential.

ACCEPTANCE OF SHX TERMS

If you are under the age of eighteen (18), you must seek parental and/or guardian approval before accessing and/or use of the SHX Website. Astro considers it the responsibility of parents and/or guardian to monitor their children(s) access and/or use of the SHX Website. By accessing, browsing or using the SHX Website, you agree to these terms and represent and warrant that you have the right, authority and capacity to enter into this agreement comprising the SHX Terms and the TOU & Notices, and to abide by all of the terms and conditions of the SHX Terms and the TOU & Notices.

You agree that Astro may modify and amend this SHX Terms at any time without notice. Unless explicitly stated otherwise, any new service introduced by Astro shall be subject to this SHX Terms. All such notices are hereby incorporated by reference into the SHX Terms. You are responsible for regularly reviewing the SHX Terms and the TOU & Notices posted on the SHX Website and the Astro Website. By continuing to use the SHX Website, you are deemed to have agreed to be bound by any modifications and amendments to this SHX Terms and the TOU & Notices.

You can access the SHX Website home page and browse the SHX Website without disclosing your personal data. The service and links of the SHX Website may include links to third party websites that are not owned or controlled by Astro and Astro assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Astro will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Astro from any and all liability arising from your use of any third-party website.

Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this terms and conditions. By submitting your information you consent to these transfers.

REGISTRATION, USE AND SECURITY

a.	In order to access some features of the SHX Website, you will have to first register as a member by creating a user ID (“Member”) and a unique password in the E-PASS Account registration form (“Member Account”).

You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID whether or not actually or expressly authorized and/or used by you. You may be required to provide further information and complete registration forms as required to access some or all of the features on the SHX Website.

c.	Astro reserves the right to terminate any dormant Member Account that has not been used for a period of six months or longer.

d.	Information on the SHX Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Astro may also make improvements and/or changes to the SHX Website at any time without notice.

You agree to:

i.	provide true, accurate, current and complete information about yourself (“Member Profile”) as prompted by the Member Account registration form;

ii.	maintain and promptly update such registration data to keep it accurate, current and complete; and

iii.

you may never use another’s account without permission. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Astro suspects that such information is untrue, inaccurate, not current or incomplete, Astro has the right to suspend or terminate your Member Account and refuse any and all current or future use of the SHX Website (or any part thereof).

f.	The SHX Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the SHX Website and assume all risk associated therewith.

The SHX Website may not be available to be accessed from all regions and countries of the world. Astro reserves the right, in its sole discretion, to limit or terminate your ability to access the SHX Website from certain regions or countries, and you assume all risk associated with the accessibility of the SHX Website from any given region or country of the world.

h.	Astro reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.

Organizations, companies and/or businesses may not become a registered member of the SHX Website and should not use the SHX Website for any purpose. In addition, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Member Profile created or other content that you have uploaded on the SHX Website for the purposes of extracting such information or other content.

YOUR CONDUCT

You agree to use the SHX Website only for lawful purposes and in accordance with the SHX Terms and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the SHX Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the SHX Website.

b.	You agree not to upload any content (including any text, links, photographs, graphics, video or audio or other data or information) (“User Generated Content”) that may be considered, obscene, vulgar, sexual, threatening, libellous or slanderous.

You agree to:

i.	notify Astro immediately of any unauthorised use or any other breach of security, and

ii.	ensure that you exit from your Member Account at the end of each session. Astro cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Your Member Account is not transferable and may not be assigned to any third party. The SHX Website is provided to you for personal use by you only. You may not allow any other person to:

i.	resell, timeshare, sublicense, or otherwise transfer all or any portion of the SHX Website to any other party; or

ii.	make commercial use of the SHX Website without the express written consent of Astro.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the SHX Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.

You may not use the SHX Website in any manner that could damage, disable, overburden, or impair the SHX Website (or the network(s)) connected to the websites of the Astro Group or interfere with any other party's use and enjoyment of the SHX Website. You may not attempt to gain unauthorized access to the SHX Website and other Member Accounts, computer systems or networks connected to the SHX Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SHX Website.

g.	You agree to be responsible for payment of all applicable charges such as Internet Service Provider (“ISP”) charges, incurred as a result of your use of the SHX Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.

h.	You agree not to distribute in any medium any part of the SHX Website without Astro’s prior written authorization.

i.	The User Generated Content that you upload on the SHX Website may only be shared with other Member Account holders in the manner provided by Astro.

j.	You agree not to alter or modify any part of the SHX Website, including but not limited to the embedded player or any of its related technologies.

k.	You agree not to access the User Generated Content through any technology or means other than the embeddable player or other explicitly authorized means Astro may designate.

l.	You agree not to use the SHX Website, including the embeddable player for any commercial use without prior written authorization of Astro.

m.	Astro reserves the right to discontinue any aspect of the SHX Website at any time.

YOUR USE OF CONTENT ON THE SITE

a.	In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the SHX Website.

All content on the SHX Website, except all User Generated Content, including without limitation, the text, software, scripts, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Astro, subject to copyright and other intellectual property rights under the law. The SHX Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners save and except as expressly authorized by Astro. Astro reserves all rights not expressly granted in and to the SHX Website.

c.	You may access certain content in the manner allowed and subject to conditions as stated in this SHX Terms. As a non-Member, you may not access any User Generated Content, except in so far as it is made available by Astro.

d.	You agree not to engage in the use, copying, or distribution of any or all of the content other than expressly permitted herein, including any use, copying, or distribution of any part of the content for any commercial purposes.

You agree that when using the SHX Website, you may be exposed to User Generated Content from a variety of sources, and that Astro is not responsible for the accuracy, usefulness, safety, protection or integrity of or intellectual property rights relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have to may have against Astro with respect thereto, and agree to indemnify and hold Astro, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the SHX Website.

YOUR USER GENERATED CONTENT AND CONDUCT

As a Member, you may have access to the User Generated Content but such access shall be solely:

i.	For your information and personal use;

ii.	As intended through the normal functionality of the SHX Website;

iii.	For Streaming. Accessing audiovisual works in the User Generated Content comprising of for any purposes or in any manner other than Streaming is expressly prohibited. The audiovisual works are made available “As Is”.

User Generated Content are made available to you for your information and personal use solely as intended through the normal functionality of the SHX Website. User Generated Content are made available “As Is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SHX Website or otherwise as prohibited under this SHX Terms.

As a Member, you may be invited to Post any User Generated Content on or to the SHX Website (including on or to your profile) and you agree, by submitting your contribution, to grant Astro a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Astro’s Privay Policy.

You also hereby grant each Member of the SHX Website a non-exclusive license to access your USER GENERATED CONTENT through the SHX Website, and to use such the USER GENERATED CONTENT ONLY as permitted through the functionality of the SHX Website as detailed in clause 5(a) above only under these TOU and Notices.

e.	You understand and agree that Astro may retain and store, but not display, distribute, or perform, server copies of USER GENERATED CONTENT that have been removed or deleted. The above licenses granted by you to Astro in USER GENERATED CONTENT is irrevocable.

Further to paragraph 5 (c) above, by submitting your User Generated Content to the SHX Website, you warrant that :

your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize Astro to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all USER GENERATED CONTENT to enable inclusion and use of the USER GENERATED CONTENT in the manner contemplated by the SHX Website and these TOU and Notices and that you have the right to make it available to Astro for all the purposes specified above;

ii.	your User Generated Content is not defamatory;

iii.	your User Generated Content does not infringe any law;

iv.	you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them

you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant Astro all of the license rights granted herein;

vi.	you shall indemnify Astro against all legal fees, damages and other expenses that may be incurred by Astro as a result of your breach of the above warranty; and

vii.	waive any moral rights in your User Generated Content for the purposes of its submission to and publication on the SHX Website and the purposes specified above.

g.	You understand that whether or not such User Generated Content is Posted, Astro does not guarantee any confidentiality with respect to any User Generated Content.

Astro does not endorse any USER GENERATED CONTENT or any opinion, recommendation, or advice expressed therein, and Astro expressly disclaims any and all liability in connection with USER GENERATED CONTENT. Astro does not permit activities which infringe intellectual property rights including copyright on its SHX Website, and Astro will remove all infringing contents and USER GENERATED CONTENT upon notification that such content or USER GENERATED CONTENT infringes on another’s intellectual property rights. Astro further reserves the right to remove any content and USER GENERATED CONTENT without prior notice as stated under paragraph 5 (l).

Member Profile: The SHX Website includes an online community feature which allows Members to connect with people through network of friends for communicating, sharing, and making new friends. Members can share with others or post to their own Member profile, videos, articles or content including any User Generated Content that posted on the SHX Website (BUT NOT User Generated Content belonging to third parties/other Members) from and to third party sites, and/or links to third party sites, through the SHX Website and which allows Members to determine who may view their profile. These levels are: "Private, and "Public." As a Member, you may choose to allow your profile to be viewed by any visitor of the SHX Website and such access is categorised as "public." You should be aware that anyone who accesses the SHX Website, whether or not they are a Member, will be allowed to view all of the information in your public profile. Your public profile will be available to anyone, regardless of the level of access you have chosen for your full Member profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR MEMBER PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.

Public Profile Information: Regardless of what personal information you choose to include in your profile, or what level of sharing of your profile you choose, certain information about every Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular profile, containing the information listed below, which will be available to any user of the SHX Website, as well as to the general public through, internet search engines like Yahoo! or Google. Each individual Member's public profile includes the following information about the Member:

i.	Name (first, or first and last, depending on which option the Member chooses)

ii.	Username (the name that the user chooses to be identified as in Member-related pages and articles)

iii.

Gender

iv.	Date Of Birth

v.	Member’s brief description of him/herself

vi.	Member’s interest

vii.	Member’s email address

viii.

Member’s website address

ix.	Member’s blog address

x.	Member’s school / company

xi.	Member’s occupation

xii.	People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)

xiii.

Location & Country

xiv.	"Member Since" date

xv.	The URL of the Member's profile

xvi.	Friends (list of Member friends with click-through links to their pages)

xvii.

Photos (thumbnail list of photos gathered from within the SHX Website that user has saved from)

xviii.

Any activity by the Member on the Member Profile page

Private Profile Information

On top of the public profile information, every Member will be given access to a Private Profile page. This is accessible only by the Member. He/she will need to log into the membership system (via E-PASS) to access this information. Each individual Member's private profile includes the following additional information about the Member:

1.	User’s Malaysian NRIC number

2.	Date of Birth

3.	Mobile Phone Number

Username

Password

6.	Email address

Removal of Content. You understand and agree that we may review and delete any User Generated Content that you include in your profile, or otherwise Post on any area of the SHX Website (which may include deleting your entire profile) at any time without notice and for any reason, and/or that we, in our sole judgment, believe violates this Agreement, or might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of any other Member.

m.	Member Identities. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or another individual who is not you.

Prohibited User Generated Content. Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the SHX Website. Posting of any of this User Generated Content by you may, in our sole discretion, result in termination of your membership. In addition, Astro reserves the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the SHX Website and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in Astro’s sole judgment:

i.	is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii.	harasses or advocates harassment of another person;

iii.	involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;

iv.	includes any information that you know is false or misleading, promotes illegal activities or conduct that is abusive, or is threatening, obscene, defamatory, or libelous;

constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, pirated computer programs or links to them, information which circumvents manufacturer-installed copy-protect devices, pirated music, images, or video, or links to pirated music, image, or video files, or content which otherwise violates the terms of paragraph 5 (i) above;

vi.	displays pornographic or sexually explicit material of any kind;

vii.	includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;

viii.

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix.	solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;

x.	constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;

xi.	solicits people you don't know to add you or accept you as a friend;or

xii.	solicits and engages in political discussions

Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the SHX Website. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see clause 6 below for further limitations on our liability.

Further Restrictions on Your Use of the SHX Website.

i.	You must use the SHX Website in a manner consistent with any and all applicable laws and regulations.

ii.

Although Astro cannot monitor the conduct of its Members of the SHX Website, it is a violation of this Agreement to use any information obtained from the Service or the SHX Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and Astro. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

Copyright Protection Policy. If you believe that your work has been copied and posted on the SHX Website without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted on the SHX Website, please contact us at shx@astro.com.my

Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.

DISCLAIMER & LIMITATION OF LIABILITY.

In addition to the disclaimer and liability provision in the TOU & Notices:

WE SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SHX WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SHX WEBSITE, ANY USER GENERATED CONTENT (POSTED ON THE SHX WEBSITE) OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE SHX WEBSITE, WHETHER ONLINE OR OFFLINE.

ii.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the SHX Website, any Member, or any other person related to or resulting from use of the SHX Website, viewing, playing or downloading any materials on or from the SHX Website. The SHX Website are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the SHX Website. No advice or information, whether oral or written, obtained by you from us, or from or through the SHX Website shall create any warranty not expressly stated herein.

iii.

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Astro be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Astro has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the SHX Website any changes to the SHX Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Website or arising in connection with the fraudulent or unlawful acts of any third party.

iv.	You specifically agree that Astro is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

GENERAL

This SHX Terms are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Astro regarding this SHX Terms will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the SHX Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Astro in and from Malaysia.

This SHX Terms contain the entire understanding between the parties hereto with respect to the SHX Website, and supersedes all previous oral or written agreements or understandings between you and Astro, and no advice or information, whether oral or written, obtained by you from this SHX Website (whether before or after the date you accept this SHX Terms) shall create any obligation or warranty on the part of Astro not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Astro Group, third-party content, third party website or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this SHX Terms.

c.	All other terms of the TOU & Notices shall be imported to this SHX Terms by reference and shall be read as if they form part of this SHX Terms and where there is any conflict of terms between the SHX Terms and the TOU & Notices, the SHX Terms shall prevail.

d.	Where these SHX Terms are translated into any other language, and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.