By using the websites (each a "Site"), mobile applications (each an “App”) and/or online video content subscription services associated with such Sites and Apps (each a “Content Service”) owned and operated by Turner Broadcasting System Asia Pacific, Inc. ("Turner", "we" or "us") (such Sites, Apps and Content Services collectively the “Digital Services”), you signify your agreement with these Terms. We retain the right at any time to deny or suspend access to all or part of any Digital Service to anyone who we believe has violated any of these Terms.
1. Eligibility, Registration Account and Subscription.
1.1 To be eligible to subscribe to a Digital Service, you must meet the following criteria ("Eligibility Criteria"):
- In the case of subscription to a Digital Service (or any element of it) for which a fee applies, you must have reached the age of 18 or the age of legal majority in your country of residence;
- In the case of subscription to a Digital Service for which no fee applies (“Free Digital Service”) and where you are under the age of 14 at the time of registration, consent of a parent or guardian to the subscription is required;
- You have must have a registered account for the Digital Service (“Registered Account”); and
- You must have activated your subscription to the Digital Service through a Subscription Provider.
1.2 To access a Digital Service, you may register for a Subscription in one of two ways: (i) directly from Turner through the applicable Digital Service; or (ii) through an authorized Subscription Provider of that Digital Service. Your Subscription together with your Registered Account enables access to the Digital Service. Subscription Providers may require you to set up a separate account with them to purchase a Subscription to the Digital Service.
1.3 When you create a Registered Account for a Digital Service through Turner directly, you will be required to provide information including a valid email address and a password ("Required Information"). In order to obtain a Subscription for a Digital Service for which a fee applies through Turner, you must provide a current and valid method of payment, such as a credit card or debit card, Paypal account or other methods authorized by Turner and related information such as name, address, credit card number, expiration date and security code (each, together, a "Payment Method"). You are responsible for all charges incurred in connection with your Subscription. It is a condition of use of the Digital Service that all the details you provide, including the Required Information and Payment Method, will be correct, current, and complete and will not violate any law. If Turner or a Subscription Provider believes the details are not correct, current or complete, do not meet the Eligibility Criteria or that you have otherwise violated this Agreement or any law, we each have the right at our sole discretion to suspend, terminate or refuse you access to the Digital Service, your Registered Account and/or any of its resources.
1.4 When you create a Registered Account for a Digital Service through a Subscription Provider you will be asked by the Subscription Provider to provide a current and valid Payment Method. Your Payment Method provided to the Subscription Provider will be processed by such Subscription Provider and not through the Digital Service or by Turner. Any enquiries related to payments through your Subscription Provider should be directed to your Subscription Provider directly. You are responsible for all charges incurred in connection with your Subscription.
1.5 You are responsible for all activity occurring under your Registered Account, including maintaining the confidentiality of your email address and password, and you agree that any authorized user will not permit the disclosure of both your email address and password to any person. You agree that you will immediately notify Turner of any unauthorized use of your email and password by sending us an email at email@example.com . Turner and its Subscription Providers shall not be liable for any loss or damage arising from your use or misuse of your Registered Account or failure to comply with the registration requirements.
If you are under the age of 14 at the time of your registration for access to a Free Digital Service:
- (a) You will be required to provide the email address of your parent(s)/legal guardian(s) as certain functions of the Digital Service require permission from your parent(s)/guardian(s). We will send them an email to notify them of your registration on the Digital Service, and your parent(s)/guardian(s) will be required to confirm: (i) their acknowledgment and approval (or disapproval) of your participation in all elements and functions within the Digital Service; and (ii) subject to such functionality becoming available on the Digital Service, any products or elements within the Digital Service which you shall not be permitted to access without their further express approval by visiting the Parent/Guardian control panel (if available). On receipt of your parent(s)' or legal guardian(s)' approval of your registration on the Digital Service and the activation of your account on the Digital Service, we will activate your account and allow you access to the products, elements and functions within the Digital Service.
- (b) If functionality permitting your parent(s) or legal guardian(s) to approve or disapprove of your participation in, or access to, certain (but not all) elements on the Digital Service is implemented by us in connection with the Digital Service, on receipt of the appropriate communication from your parent(s) or legal guardian(s), we will activate those products within the Digital Service which your parent(s) or legal guardian(s) have approved for your access from time to time. We will also de-activate your access to any products within the Digital Service on receipt of any request or instruction from your parent(s) or legal guardian(s) to do so from time to time.
1.8 You acknowledge and agree that we will provide you with the products and services accessible via the Digital Service (subject to all Eligibility Requirements and the conditions in paragraph 1.3 above being met) and that you will be responsible for all equipment necessary for you to access the Internet and all telephone or other connection and service fees associated with such access.
2. Personal Non-Commercial Use by Users.
The Digital Service, and all material on the Digital Service, is for the personal use of individual Internet users and may not be transferred, assigned or used in connection with any commercial or illegal endeavours. Organisations, companies and/or businesses may not become registered members and may not use the Digital Service for any purpose. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. You also acknowledge that such consideration includes your enjoyment and use of the Digital Service and all features and activities available on the Digital Service; your receipt of data, materials and information available at or through the Digital Service; and the possibility of our review, use or display of User Content (as defined below in section 6). Turner grants Visitors a limited, revocable, non-exclusive, non-transferable licence to access and use the Digital Service solely as permitted by the features and functionality of the Digital Service on your personal Internet-connected devices solely as provided in this Agreement and for the Visitor’s personal use. Turner grants Subscribers a limited, revocable, non-exclusive, non-transferable, royalty-free licence to access, use, and privately display the Digital Service on the Subscriber’s personal Internet-connected devices, solely as permitted by the features and functionality of the Digital Service and solely as provided in this Agreement for the Subscriber’s personal use and only as long as the Subscriber continues to meet all of the Eligibility Criteria and is not otherwise in breach of this Agreement. The licence granted to Subscribers will enable Subscribers to view, preview, select, stream and access video, audio, graphics, photos, text, special features and/or messages ("Content") via the Digital Service in accordance with the terms of this Agreement during the timeframe in which the Subscribers account is active and for the duration of the access window for each individual Content item. Any unauthorized copy of the Digital Service, Content, underlying software or any portion of them will constitute a violation of copyright and any other applicable rights. Violation of this Agreement in any manner automatically terminates the licence granted to a Subscriber and obligates that Subscriber to cease all use of the applicable Digital Service.
3. Payment for Subscription and Billing.
3.1 In the event you purchase a Subscription, as a Subscriber you agree to pay Turner or the Subscription Provider (as applicable) a subscription fee and any applicable taxes and service fees on a designated cycle for the Digital Service (collectively, the "Subscription Fee"). With the exclusion of a free trial subscription to a Digital Service (as described below) the first Subscription Fee will be charged to your Payment Method on the date Turner or the Subscription Provider confirms your Subscription. Thereafter, the Subscription Fee will be charged to your Payment Method by Turner or your Subscription Provider on a recurring basis in accordance with your designated cycle. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). Turner and Subscription Provider reserve the right to change the price for a Subscription to the Digital Service in their sole discretion and will be responsible for communicating any price changes to you in accordance with the law.
3.2 As a Subscriber, you may update your Payment Method at any time by accessing your account with Turner or your Subscription Provider. If at any time Turner or the Subscription Provider is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, each of Subscription Provider and Turner reserve the right to suspend your respective accounts and access to the Digital Service, until such time as the Payment Method has been updated to permit the Subscription Provider to charge the Subscription Fee.
3.3 As a Subscriber, your Subscription is subject to the terms and conditions of your Subscription. If Turner is your Subscription Provider, you will need to cancel your Subscription through Turner in accordance with Turner’s applicable cancellation policy. If you obtained your Subscription through a Subscription Provider, you will need to cancel your Subscription directly with such Subscription Provider in accordance with that Subscription Provider’s applicable cancellation policy.
3.4YOU HAVE NO RIGHT TO A REFUND, AND IT IS TURNER’S POLICY NOT TO PROVIDE REFUNDS FOR ANY SUBSCRIPTION, OR TO PROVIDE CREDIT, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. FOR SUBSCRIPTIONS THROUGH A SUBSCRIPTION PROVIDER, OTHER TERMS MAY APPLY; PLEASE REVIEW THEIR POLICY ON REFUNDS. Turner and Subscription Provider reserve the right to offer refunds, discounts or other consideration in select circumstances at their sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
3.5 The Digital Service may be made available to Subscribers on a free trial basis for a limited time ("Trial Subscription"). The specific duration of the Trial Subscription will be specified in the applicable offer at sign-up. These Terms apply to any Trial Subscription, unless otherwise specified. At the time of signing up for a Trial Subscription, as a Subscriber you must provide Turner or the Subscription Provider with a valid Payment Method in order to use the Digital Service during the Trial Subscription period. Your Payment Method will not be charged by Turner or the Subscription Provider during the Trial Subscription period. UNLESS YOU HAVE CANCELLED DURING THE TRIAL SUBSCRIPTION, UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE SERVICE MAY BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD. PLEASE NOTE THAT YOU MAY NOT BE NOTIFIED THAT YOUR TRIAL SUBSCRIPTION WILL END OR HAS ENDED. Requirements for a special promotion will be stated at the time each offer is presented. As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your Registered Account.
3.6For enquires related to the Digital Service, or your Subscription through Turner (including Subscription Fee and Payment Method), please visit our Help Center for our FAQs. If you are unable to resolve your question using the Help Centre, please contact Turner Customer Support via email at firstname.lastname@example.org.
3.7 For Digital Service matters related to your Subscription through a Subscription Provider (including Subscription Fee and Payment Method) or other matters relating to billing through your Subscription Provider, please contact your Subscription Provider directly.
We take security seriously. We have imposed reasonable security measures to ensure the protection of our Subscribers. Please see the Help Centre for details. If you have reason to believe that your Registered Account credentials have been compromised or misappropriated in some way, you should contact us immediately at email@example.com.
4. Digital Services Updates and Software
At various times, Turner may choose to make available updates, bug fixes, or other changes or enhancements to the Digital Service ("Digital Service Updates"). Digital Service Updates may be: (i) automatic, such as in connection with general website changes and additional features or updates to data required by the Digital Service; (ii) at your election, in which instance as a Subscriber you will receive information and instructions for how to authorize optional Digital Service Updates; and (iii) mandatory, in which case as a Subscriber you will be required to consent to the Digital Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Digital Service. Please note that the Digital Service may be unavailable during a Digital Service Update.
5. Ownership of Material on the Digital Service.
As between you and Turner, Turner owns and retains all proprietary rights in the Digital Service. The Digital Service contains material, including images, illustrations, audio clips, and video clips, which is derived from material supplied by The Cartoon Network, Inc. or Turner’s other affiliated entities (collectively, "CN") or by other parties that have licensed their material to CN and is protected by international copyright and trademark laws. You must not, and must not assist any other person to, copy, reproduce, republish, upload, post, transmit or distribute in any way, including by e-mail or other electronic means and whether directly or indirectly, decompile, reverse engineer or disassemble any of the material on the Digital Service including the characters, logos, graphics, illustrations, text, images, audio, video and software, including images or files incorporated in or generated by the software or data accompanying such software ("Material"), unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by Turner or CN. Unless you obtain the prior written consent of the owner, modification or use of all or part of the Material, including use of the Material on any other website or networked computer environment, or for any purpose other than personal, non-commercial use, is a violation of the copyrights, trademarks and other proprietary rights of the Material's owner(s), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this section. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Digital Service (including data packets transmitted to and from the Digital Service over the Internet), or analyse, decipher, "sniff", derive code from, or attempt to analyse, decipher, "sniff" or derive code from, any packet stream transmitted to or from the Digital Service, whether encrypted or not, or permit any third party to do so. You expressly waive any legal rights you may have to do so, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under any applicable law.
6. User Content on the Digital Service.
6.2 We may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in the Forums are not necessarily those of us, CN or any affiliated or related entities or content providers. Turner makes no representations or warranties regarding information or opinions that appear in the Forums and does not endorse or guarantee the accuracy of any posting. While we do our best to moderate and monitor content posted in the Forums, we assume no obligation to do so or to delete or edit any postings. However, we reserve the right to delete, move or edit any postings for any reason in our absolute discretion.
6.3 By using the Digital Service, you agree that you will not submit or otherwise publish through the Forums any Content which: (a) libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify Turner, CN and its and their officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of the above agreements, representations, and warranties.
7. Rules of Conduct on the Digital Service.
7.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
7.2 We may review, edit, reject, refuse to post and/or delete any User Content that in our sole judgment violates these Terms or which might be offensive, illegal or that might violate the rights of, harm or threaten the safety of any person.
7.3 You may not post or transmit Content (even in a joking, sarcastic or unintended manner) that:
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, religious intolerance, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person, including continuing to message a Digital Service user ("griefing") after being asked to stop, or continued negative "tagging" of another Digital Service user;
- involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- intends or has the effect of disrupting the normal use or operation of the Digital Service or otherwise uses a disproportionate amount of bandwidth or places disproportionate demands on the CPUs of our servers;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including intellectual property rights, rights of privacy (including unauthorised disclosure of a person's name, email address, physical address or phone number) and/or rights of publicity);
- promotes or enables an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices or providing pirated music, movies, videos or video games or links or other access to such pirated material;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy or providing or creating computer viruses;
- contains video, photographs or images of another person aged 18 or older without his or her express written permission, or of any minor (regardless of whether you have consent from the minor or their legal guardian);
- tries to gain unauthorised access or exceeds the scope of your authorised access (as defined in these Terms and in other applicable Codes of Conduct) to the Digital Service or to profiles, blogs, chat rooms, communities, account information, bulletins, friend requests or other areas of the Digital Service or solicits passwords or personally identifying information for commercial or unlawful purposes from other Digital Service users;
- engages in or solicits commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barters, advertising, investments and/or pyramid schemes or the buying or selling of "virtual" items related to the Digital Service;
- solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, disruptive or deleterious creations, components or devices;
- interferes with another user's use and enjoyment of the Digital Service or any other individual's use and enjoyment of similar services; or
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Digital Service, contains content that would be prohibited on the Digital Service or violates the letter or spirit of these Terms.
We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates these Terms, including removing the offending User Content in whole or in part from the Digital Service, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Digital Service. TURNER AND CN DO NOT WARRANT OR GUARANTEE THAT YOU WILL NOT BE OFFENDED BY ANY MATERIAL OR USER CONTENT ON THE SITE.
7.4 You must use the Digital Service in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorised uses of the Digital Service, including collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Digital Service, are not permitted. This includes the unauthorised interception of the data stream coming from or going into a Digital Service, as well as attempting to gain unauthorised access to a Digital Service or exceeding your authorised access.
7.5 You may not include in your member profile your last name; passport, social security or similar numbers; telephone number(s); or street address(es). You (or your parent(s)/legal guardian(s) if you are under the age of 14) must be the email account holder for any email address(es) that you list in your account information or subsequently provide in connection with the Terms.
7.6 You may not engage in advertising to, or solicitation of, other users through the Digital Service to buy or sell any products or services, including products or services related to the Terms. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Terms. It is also a violation of these Terms to use any information obtained from the Terms in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to another person outside of the Terms without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
7.7 You understand that Turner has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Terms) as necessary to satisfy any law, regulation or valid governmental request. This may include disclosure of information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Turner can (and you expressly authorise Turner to) disclose any information about you to law enforcement or other government officials as Turner, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.8 We have the right, and will do our best, to monitor and moderate the materials posted in the public areas of the Forums, however we have no obligation to do so. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the Forums and in your messages.
7.9 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Terms, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Turner shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Forums.
7.10 It is possible that other users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials on the Forums and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Forums, and that the recipient may use such information to harass or injure you. Turner does not approve of such unauthorised uses but by using the Forums you acknowledge and agree that Turner is not responsible for the use of any personal information that you publicly disclose or share with others on the Forums. Please carefully select the type of information that you publicly disclose or share with others on the Forums.
8. Unsolicited Creative Submissions/Communications.
We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. If you do send, post or transmit to us by any means any creative materials, including suggestions, ideas, e-mails, message/billboard/forum postings, notes, drawings, concepts or other information ("Information"), that Information shall be deemed "User Content", will be subject to section 6 of these Terms and will become and shall remain the property of Turner. By submitting any Information through the Digital Service or in any other way to Turner, you: (a) grant to Turner all copyright and other property and intellectual property rights in that Information; (b) warrant that you have the right to make that grant and that nothing in the Information is confidential to any person, and (c) allow Turner to make any use of the Information in any way it chooses (including for advertising or promotional purposes), without payment or any other consideration to be made to you, subject to Turner's privacy policies as they exist from time to time.
Turner respects the rights of all copyright holders and has a policy that, in appropriate circumstances, users and account holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders") may have their rights to access the Digital Service terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know in sufficient detail for us to investigate your complaint. If we determine that copyright infringement has occurred, we may remove or "take down" the infringing material from the Digital Service, or take such other steps as we deem appropriate. If we determine that you have uploaded or otherwise posted material that infringes the copyrights of others, we may, in our discretion, terminate or suspend your access to the Digital Service.
10.1 This Site may contain links to other websites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites and we are not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or postings from you, we shall not bear any responsibility or liability for the manner in which such information or postings are used or exploited.
10.2 When you engage with a provider of a Linked Site, you are interacting with the third party, not with Turner. If you choose to use a third party service and share information with it, the provider of the third party service may use and share your data in accordance with its and your privacy settings on such third party service. Turner encourages you not to provide any personally identifiable information to or through any third party service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the third party service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Turner is not responsible for and makes no warranties, express or implied, as to the third party services or the providers of such third party services (including the accuracy or completeness of the information provided by such third party service or their privacy practices). Inclusion of any third party service or a link to it on the Digital Services does not imply approval or endorsement of the third party or the Linked Site. When you access third party services, you do so at your own risk.
11. Third Party Subscription Provider Terms.
12. User Disputes.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation to monitor communications and/or disputes between you and other users.
14. Contests and Other Promotional Activities.
We may provide terms and conditions relating to the conduct of certain promotional activities on the Digital Service including contests and competitions conducted by us, on our own or in conjunction with third parties. These Terms are incorporated by reference in the specific promotion rules or terms and conditions, which may appear in connection with information on the Digital Service about the relevant promotional activity. To the extent that any conflict exists between these Terms and the specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify these Terms.
15. Disclaimer of Warranties and Liability.
15.1 The Materials and Content on the Digital Service are provided "as is" and without express warranties of any kind. Turner disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under applicable laws, are implied by law and are incapable of exclusion, restriction or modification. To the extent permitted by law, Turner's total aggregate liability for a breach of any such implied condition or warranty is, at Turner's option, limited to the re-supply or payment of the cost of the re-supply of the good or service the subject of the warranty, or the repair or the payment of the cost of repair of a good the subject of the warranty. Neither Turner, nor its affiliated or related entities (including CN), nor any person involved in the creation, production, and distribution of the Digital Service warrant that the functions contained in the Digital Service materials will be uninterrupted or error-free, that defects will be corrected or that Turner or the server that makes them available are free of viruses or other harmful components. The material that you read on the Digital Service is provided solely for entertainment and promotional purposes. Turner does not warrant or make any representations regarding the use or the results of the use of the Digital Service or any Materials or Content in terms of their correctness, completeness, accuracy, reliability or otherwise.
15.2 You expressly agree that use and browsing of the Digital Service is at your sole risk. If you are dissatisfied with any of the Materials or Content contained on the Digital Service, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Digital Service.
15.3 You expressly agree that neither Turner, nor its affiliated or related entities (including CN), nor any of their respective employees or agents, nor any person or entity involved in the creation, production, and distribution of the Digital Service are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of the Digital Services or any other Turner affiliated websites or services. You expressly acknowledge and agree that Turner is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Turner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or member communications. Turner is 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 email or players on account of technical problems or traffic congestion on the Internet or at the Digital Service, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Digital Service. You (and not Turner) assume the entire cost of all necessary servicing, repair or correction.
You agree to indemnify, defend and hold harmless, Turner, its affiliates (including CN), its Materials and Content licensors, your Subscription Provider(s) and their respective directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors and third party providers to the Digital Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you and/or from your placement or transmission of any content onto the Digital Service's servers, and/or from any and all use of your Registered Account in violation of this Agreement or the failure to fulfill any obligations relating to your Registered Account incurred by you or any other person using your Registered Account. Turner reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Turner in asserting any available defences.
17. Jurisdictional Issues and General Terms.
Unless otherwise specified, the Digital Service is presented solely for the purpose of entertainment and promoting programmes and other products available in Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, China, Fiji, Hong Kong, India, Indonesia, Japan, Laos, Macau, Malaysia, Maldives, Myanmar, Nepal, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Solomon Islands, South Korea, Sri Lanka, Taiwan, Thailand, Timor-Leste and Vietnam ("Asia Pacific"). Turner makes no representation that the Digital Service is appropriate or available for use in other locations. The Digital Service is intended for use by residents in Asia Pacific and those who choose to access the Digital Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Materials, Content, and all other material and features on the Digital Service are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games and other products and/or services that are or may become available in Asia Pacific. Turner shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labour dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control. These Terms, and any disputes arising from or in relation to them, are governed by laws applicable in Hong Kong and you submit to the exclusive jurisdiction of the Hong Kong courts. You consent to personal jurisdiction and venue in Hong Kong and service of process by certified mail. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms, and the remaining portions shall remain in full force and effect. In these Terms, the words "include" or "including" shall not limit what else may be included.
These Terms were last updated and posted on the Digital Service on 3 November 2018