MyChinaChannel Content Distribution Network Service Terms

1. Confirmation& Acceptance of Service Terms

1.1 The ownership and operation right of all the services on “MyChinaChannel Content Distribution Network” (abbreviated to MCDN) belongs to MyChinaChannel Pte Ltd
1.2 The User must accept the service terms of MCDN and complete the online registration process before becoming a formal user of MCDN. By clicking on the “Agree” button, the User has accepted all the service terms laid out as follows in this agreement. Failure to read this agreement carefully will not be valid should there be any dispute.
1.3 The User’s online registration terms have the same legal restrictive effect as the textual clauses generated from the signature and seal.


2. Provision of Online Service and Modification of Service Terms

2.1 MCDN has the right to modify service clauses when deemed necessary. Any modification made will be indicated by email.
2.2 Should the User disagree with the modification(s) of relevant service clauses, he may apply for the termination of his online service. Continued use of the online service indicates the acceptance of the modification(s) by the User.
2.3 The use of the various services provided by MCDN indicates an acceptance by the User for MCDN to utilize images in product advertisements, as well as film& TV business information.
2.4 The User should inform MCDN of his acceptance of his participation in promotions or other relevant business information services via email or other methods.


3. Password and Security

3.1 The User must bear all responsibility for the security of his username and password. He is responsible for all losses caused by the leakage or transfer of said username and password.
3.2 The User is wholly responsible for all actions performed under his username.
3.3 The User must notify MCDN of any illegal use of his password or of any security bugs. MCDN will do its best to help in safe transmission of the User’s registered information.
3.4 The User has the right to supplement, modify and delete his own content, subject to the approval of MCDN’s site administrator.


4. User Management and Publishing of Content

4.1 MCDN reserves the right to terminate its service rendered to the User should the information provided by the User be found untrue or illegal.
4.2 By using the services rendered by MCDN, the User hereby expressly undertakes and warrants to MCDN that his programmes and actions:
(a) do not and will not infringe or violate any right, title and/or interest of any person, firm or company in any jurisdictions, including but not limited to copyright, trademark, trade secret, privacy, publicity or other rights;
(b) do not and will not violate any laws, statutes or regulations (including without limitation, intellectual property rights, trade secrets, privacy, publicity or other rights) of any relevant jurisdiction; and
(c) do not and will not contain any material which is obscene, harmful, abusive, threatening or defamatory or will expose MCDN to any civil or criminal proceedings.
4.3 MCDN reserves the right to terminate its service immediately should the User violate any terms of this agreement.
4.4 MCDN reserves the right to decide if the User’s conduct complies with the service terms.
4.5 In order to ensure the integrity of the sheer number of content submitted to MCDN by users, MCDN audits the information before uploading the content on the MCDN website.
4.6 The User should pay attention to the relevant explanation of the services MCDN provides. The User is responsible for the loss caused by the neglect of the aforementioned explanations.
4.7 The User shall obtain in MCDN’s favour all music clearances, including all royalties and license fees, for the Programme for all uses worldwide by MCDN.
4.8 The User shall additionally ensure and procure that all rights, clearances, licenses, waivers and/orassignments (as required by MCDN) relating to, arising from and/or pursuant to the performances and contributions (including but not limited to the waiver of moral rights and the right to object to any derogatory treatment of their work) of the Production Staff and each contributor and participant in the Programme (including but not limited to the artistes, actors, actresses, directors, writers and hosts) are obtained so as to enable MCDN to fully exploit the Programme (and any part thereof) worldwide in all and any media in any and all manner required by MCDN and is consistent with the ownership of the Programme  without any further payments, whether in royalties, license fees or otherwise) by MCDN.
4.9 The User has obtained or shall obtain such clearances, releases and licenses as may be required in respect of the rights of the authors and copyright holders of the works contained in the Programme and the rights of all the persons appearing or performing or offering other
types of services in connection with the Programme, to the extent necessary for the broadcast of the Programme and all other exploitation of the Programme throughout the world;
4.10 All works and all materials, or any part thereof, of every kind authored, written, prepared, composed, and/or submitted for use in the production and/or contained in the Programme, shall be original materials which do not infringe the copyrights of, or defame, infringe or
violate the right of privacy of, or constitute a libel against, or violate any copyright, proprietary right, common law right or any other right of any person, firm or company nor shall such material contain any unlawful material (whether defamatory, obscene or otherwise);

5. Termination

5.1 Without prejudice to any other rights and remedies each party may have against the other prior to a termination, this Agreement may be terminated by either party with immediate effect by written notice to the other on the occurrence of any of the following events:
(a) if the other party breaches any of its covenants under this Agreement or any other agreement between the parties and such breach is not capable of remedy, or if such breach, where capable of remedy, is not cured within fourteen (14) days of receipt of a written notice from the first-mentioned party requiring such breach to be cured; or
(b) if the other party becomes or is or could be deemed by law or a court to be insolvent or bankrupt; or becomes or is unable to pay its debts, or stops, suspends or threatens to stop or suspend payment of all or a material part of its debts; or if any of its property is attached and such attachment is not released within seven days after the date of attachment; or proposes to execute or executes an assignment for the benefit of creditors; or a judicial manager, receiver, custodian, liquidator or trustee is appointed for it; or ceases to carry on business for any reason whatsoever; or enters into compulsory or voluntary liquidation
5.2 MCDN shall be entitled to terminate this Agreement at any time without having to assign any reason whatsoever by giving thirty (30) days written notice to the User

6. Privacy Protection

Without permission, the User’s personal information will not be released to any third party, except under the following conditions:
(a) When the User’s information is otherwise already accessible to others via publication in the MCDN website.
(b) When information about the User is necessary in carrying out MCDN’s service. (e.g. Delivering goods to users via transportation company, etc)  
(c) When deemed necessary by relevant laws and regulations
(d) When there is verifiable proof that indicates the User’s behavior has violated service terms, thus threatening MCDN’s legal interest.

7. Limited Liabilities

7.1 MCDN is not responsible for any direct, indirect, contingent, special or incurred damages which may be caused by the inappropriate employment of the network service, illegal employment of the network service or the change in transmitted information by the User as these may lead to the damage of MCDN’s image.
7.2 To ensure the optimal performance of our website, MCDN will carry out maintenance work which may lead to the temporary suspension of online services. MCDN will do its best to keep this interim period as short as possible.

8. Notifications

8.1 All notifications from us shall be relayed to the User via emails.
8.2 Any modification of service clause or service provided, as well as other important notifications will all be conducted in the aforementioned form.
8.3 Unless the contrary shall be proved, each such notice or communication shall be deemed to have been given or delivered when transmitted.

9. Online Information and Opinions

All content shown in the User’s web pages are regarded wholly their own and are not representative of MCDN.

10. Advertisement Planning

Promotions such as publicity in the User’s published information, the participation in advertising planning and a free launch of the User’s program in MCDN which includes commodity transportation, payment, service, commercial conditions, guarantee and description concerning the advertisement will only occur between the relevant User and the advertising agents. MCDN and MyChinaChannel Pte Ltd bear no responsibility.

11. Copyright

11.1 The copyright, trademark right, patent right and all other rights of MCDN belong to MyChinaChannel Pte Ltd. All rights are preserved.
11.2 MCDN is obliged to protect the materials provided by registered users of our network. Without written permission, the making of copies and the creation of links on other servers is prohibited. MCDN does not guarantee the accuracy and integrity of external links aimed at providing convenience to our users.
11.3 All the content published on MCDN, including textual reports, pictures, sounds, videos, graphics, notions, logos, advertisements, trademarks, domain names, software, programs, layouts, column index and name as well as content classification standards are all protected and governed by the laws of the Republic of Singapore and the parties hereto hereby submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
11.4 MCDN has the right to quote, publish and reprint the information published on its website. MCDN bears no responsibility for the disputes incurred by dissent on copyright and naming rights. The media should contact the original authors and MCDN.
11.5 When materials in our website that are involved in copyright or intellectual property disputes are discovered, please notify MCDN in time.

12. Exemption Announcement

12.1 The User of MCDN and his business information (including but not restricted to company name, contact person, contact information, descriptions and illustrations, relevant pictures, videos) are all provided by the User himself. The User must therefore bear all responsibility for their information. MCDN bears no responsibility for the accuracy, integrity, legality, or correctness of the information. MCDN also bears no responsibilities for the business activities and risks incurred.
12.2 In the event of a system collapse or an inappropriate shutdown caused by force majeure which results in online transaction failure or the loss of information and records, MCDN does not bear any responsibility. However, MCDN will do its best to assist thereafter.

13. Applicable Laws and Dispute Settlement Announcement

13.1 The legal entity of MCDN is MyChinaChannel Pte Ltd and both will strictly abide by the relevant laws of the Republic of Singapore
13.2 MCDN does not guarantee that all their content is applicable for the users outside Singapore. Browsers outside Singapore are obliged to abide by the laws of the Republic of Singapore.
13.3 Should any dispute concerning the content or service between MCDN and any person, organization, or institution occurs, the two parties should resort to negotiation first.
13.4 If the two parties cannot reach agreement after negotiation, both parties can apply for arbitration at an arbitration institution located at Singapore. During the arbitration, MCDN will not cease their legal operation activities

14. Indemnities

The User shall indemnify, hold harmless and keep MCDN, and all its officers, directors, owners, employees, agents, affiliates, partners, licensors and licensees against any and all, whether direct, indirect, incidental, consequential and/or special, losses, claims, costs (including legal costs on an indemnity basis), fees, fines, penalties, expenses, liabilities, legal proceedings and damages suffered or incurred by, whether based on an action or claim in contract, equity, negligence, tort or otherwise, MCDN arising out of:
(a) the production of the Programme, including but not limited to, any personal injury or workmen’s compensation;
(b) MCDN’s exhibition and use of the Programme or other material supplied by the User including claims for infringement of any third party’s proprietary rights or defamation;
(c) any breach of any term, condition, warranty and/or undertaking of this Agreement by and/or arising from any act, default and/or omission of the User; and/or
(d) any breach by the User of any confidence or infringement of any patent, copyright, protected circuit layout, trademark, service mark, trade name or similar rights belonging to any other third party in any part of the world.

15. Frequently Asked Questions

15.1 How can I get access to the MCDN Network?

The MCDN Network is strictly for professional users in order to protect your interests. Potential sellers and buyers can register with MCDN. Access is granted only to qualified, trustworthy sellers and solvent, reliable buyers. We neither approve unknown content owners nor buyers without a stable track record. Please allow up to two business days for our approval process. Thus do not panic, if we do not get back to you immediately. If you do not receive any notification from us within two business days please check your SPAM filter. After your registration is approved by MCDN, you will receive a notification. By following the embedded link you can finalize your registration and set a password. You can access MCDN with your email address and this password. In case we decide to reject your application, you will be informed by mail as well. If you want to discuss this decision, feel free to call us or send us a mail to info@mychinachannel.com. Register now and become an MCDN member!

15.2 Does the usage of MCDN cost me anything?

(a) Content owners and buyers do not pay for any registration, membership, publishing, hosting or administration fees.
(b) Relevant fees will only be charged to Buyers should they order optional services such as dubbing or transcoding
(c) Sellers will be charged a commission fee of 15 % for each successful transaction. This means that your success is essential for our success.

16. MCDN and MyChinaChannel Pte Ltd preserves the right of final interpretation of the Network Service User Agreement.