1. Important! Read Carefully!

   1.1 The Terms of Use constitute a legally binding agreement between you and MediaCorp Pte Ltd (“ MediaCorp ”). They govern your access and use of the MOBTV Site and the MOBTV Content.

   1.2 In this document, the following expressions have the following meanings:

   “ Intellectual Property Rights ” means copyright, industrial design, patents, trademarks and other intellectual property rights.

   “ MediaCorp Group Member ” means MediaCorp, its related corporations and their respective officers, employees and shareholders.

   “ MOBTV Content ” means the services, videos, images, graphics, audio content, software, information, and other content and materials offered, or delivered from time to time on, through or in connection with the MOBTV Site; and includes, for the avoidance of doubt, any such content and materials offered or delivered to you by electronic mails, SMS, or any other method or technology.

   “ MOBTV Site ” means the website at http://www.mobtv.sg .

   “ Terms of Use ” means the terms and conditions in this document and all other policies, rules and regulations as may be amended and posted on the MOBTV Site from time to time by MediaCorp.

   “ User Account ” means a user account registered and maintained with MediaCorp for accessing and using the MOBTV Content.

   “ User Content ” means videos, music, information, compilations, images, software, and other content and materials submitted or transmitted by person using the MOBTV Site or MOBTV Content.

   1.3 By accessing or using the MOBTV Site or the MOBTV Content, you agree to be legally bound by the Terms of Use.

   1.4 MediaCorp reserves the right to add to, remove from, or make other changes to the Terms of Use at any time and from time to time. The most current Terms of Use will be posted on the MOBTV Site and will become effective immediately upon posting. You are responsible for checking the MOBTV Site for the most current Terms of Use. Each time you access or use the MOBTV Site or the MOBTV Services, you will be deemed to have agreed to be legally bound by the most current Terms of Use.

2. Use of MOBTV Site and MOBTV Content

   2.1 For as long as you comply with the Terms of Use, you are permitted to use and access the MOBTV Site and the MOBTV Content strictly for your own personal and non-commercial enjoyment as follows:

   1. For any software , your download, installation and use of the software will be governed by the accompanying licence agreements. If there are no accompanying licence agreements, then the following terms and conditions will apply:

   1. The software is only licensed, and not sold, to you for your personal and non-commercial use.
   2. All Intellectual Property Rights and other rights not expressly granted to you under the Terms of Use are expressly reserved by MediaCorp and its licensors.
   3. You are only permitted to download, install and use the software for as long as you comply with the Terms of Use, and you must delete any copy of the installation package for the software immediately after its installation.
   4. You must use the software strictly for the purpose for which it was made available to you.
   5. You do not have any right to, and you must not:
      1. make any back-up copy of the software;
      2. save, cache, copy, reproduce, change, alter, modify, or create any derivative work of the software;
      3. reverse engineer, decompile, or disassemble the software;
      4. provide commercial hosting services with the software;
      5. lend, rent, lease, sub-license any part of the software;
      6. make any part of the software available for download (from any computer or server or network) or distribute the software in any way;
      7. exploit any part of the software in any way for any personal or other gain; or
      8. hyperlink or deeplink to the installation package of the software or the web directory or location of where such package can be found.
   6. You must not remove or obscure any copyright or trademark notice or other proprietary notices on or in the software. All notices must be duplicated on all authorized copies as they appear on or in the source copy of the software.

   2. For any written articles, unless otherwise stated on the MOBTV Site or the MOBTV Content, you are permitted to view, download and save only one machine-readable copy and print out only one copy of the written article.
      
   3. For MOBTV Content other than software or written articles, you are permitted to only view and/or listen to such MOBTV Content.
      
   4. For the MOBTV Site and all the MOBTV Content other than software, the following restrictions will apply:

      1. Except as permitted under sub-Sections (b) or (c) above, you must not display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any part of the MOBTV Site or the MOBTV Content.
      2. You must not lend, rent, lease, or sub-license any part of the MOBTV Site or the MOBTV Content.
      3. You must not make any part of the MOBTV Site or the MOBTV Content available for download (from any computer or server or network), or distribute any part of the MOBTV Site or the MOBTV Content.
      4. You must not exploit any part of the MOBTV Site or the MOBTV Content for any personal or other gain.
      5. You must not frame or deeplink on or from any other website to any part of the MOBTV Site or the MOBTV Content.

2.2 You must not:

1. assume a false identity or the identity of some other registered user to use or access the MOBTV Site or the MOBTV Content;
2. use any robot, spider, other automatic device, or manual process to monitor or copy any part of the MOBTV Site or the MOBTV Content;
3. use any device, software or routine to interfere or attempt to interfere with the proper working of any part of the MOBTV Site or the MOBTV Content;
4. take any action that imposes an unreasonable or disproportionately large load on MediaCorp's infrastructure, or that damages, disables overburdens, or impairs any part of the MOBTV Site or the MOBTV Content;
5. take any action that interferes with any other person's use of any part of the MOBTV Site or the MOBTV Content;
6. use any part of the MOBTV Site or the MOBTV Content for sending out unsolicited e-mails; or
7. use any part of the MOBTV Site or the MOBTV Content in any way that will or could:

   1. violate, or that will or could result in any MediaCorp Group Member violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
   2. cause any form of loss or damage to any MediaCorp Group Member or any third party (including, without limitation, loss of reputation and goodwill); or
   3. create any liability for any MediaCorp Group Member or cause any MediaCorp Group Member to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of goods and/or services.

2.3 You will be responsible for obtaining your own Internet connection and providing your own communications equipment to access the MOBTV Site and MOBTV Content. You will also be responsible for bearing all charges imposed by your Internet and/or telecommunication service providers for you to access the MOBTV Site and MOBTV Content.

3. User Content and Technical Information

3.1 In connection with your use of the MOBTV Site, you may be required or permitted to post, submit and/or transmit User Content. You agree that you are solely responsible for all User Content you post, submit and/or transmit, and that MediaCorp and the MOBTV Site only act as passive conduits for your posting, submission and/or transmission of the User Content.

3.2 Without affecting anything in Section 2.2 above, you must not post, submit or transmit any User Content that:

1. is false, fraudulent, inaccurate, incorrect, untrue, or misleading;
2. infringes any third party's Intellectual Property Rights or rights of publicity or privacy;
3. is defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;
4. is obscene or contains pornography or anything adult in nature or harmful to minors;
5. contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
6. will or could violate, or that will or could result in any MediaCorp Group Member violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority; or
7. will or could cause any form of loss or damage to any MediaCorp Group Member or any third party (including, without limitation, loss of reputation and goodwill); or
8. will or could create any liability for any MediaCorp Group Member or cause any MediaCorp Group Member to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of goods and/or services.

3.3 You agree that the MediaCorp Group Members can (but are not obliged to you to) collect, use, publicise and disclose to third parties in any media (whether currently known or not) any technical and related information (including without limitation technical information about your computer, system and application software, and peripherals)(collectively, “ Technical Information ”) as well as User Content in order to:

1. verify your compliance with the Terms of Use;
2. improve, publicise or provide to you the MOBTV Site and the MOBTV Content and other websites, products, services and/or technologies of MediaCorp and/or its related corporations; and/or
3. comply with any direction, order or request by any court or any governmental or regulatory agency.

3.4 You hereby grant the MediaCorp Group Members the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise, in any media (whether currently known or not), all Intellectual Property Rights you have in your User Content and Technical Information.

4. USER ACCOUNTS

4.1 Some of the MOBTV Content is only available to users with valid User Accounts. If you do not already have a User Account, you can sign up for one using the application forms available on the MOBTV Site.

4.2 The applicable subscription fees and other charges relating to your User Account (and its use to access the MOBTV Content) can be found on the MOBTV Site. You must pay in full all subscription fees and charges you incur relating to your User Account. Payment must be made on the dates or within the period of time as informed to you by MediaCorp from time to time.

4.3 You warrant that all information provided by you to MediaCorp (whether through the MOBTV Site or otherwise) in relation to your User Account (including information in any application form) is true, correct and complete at the time of submission. If, after your provision of the information, there any changes to the information, you agree to provide MediaCorp with the true, correct and complete updated information as soon as possible.

4.4 Your User Account is personal to you. You must not:

1. disclose your User Account identification or password to any other person;
2. allow any other person to use or share your User Account; or
3. access the MOBTV Site or the MOBTV Content through your User Account from more than one computer at the same time.

4.5 The use of your User Account is subject to the same restrictions and permissions on the use of the MOBTV Site and the MOBTV Content as set out in the other Sections of the Terms of Use.

4.6 You will be fully responsible for all use of your User Account. This includes all activities and all User Content posted, submitted and/or transmitted using your User Account. You will be fully responsible even if you are not the one actually using your User Account or carrying out the activities or the posting, submission and/or transmission of the User Content.

5. MediaCorp's Rights

5.1 MediaCorp has the right (but is not obliged to you in any way) to, from time to time at any time and with or without notice to you or any person:

1. add to, modify, delete, withdraw, stop, suspend, terminate, or prevent access to any part or all of the MOBTV Site and/or the MOBTV Content without any reason whatsoever;
2. monitor User Content on any part of the MOBTV Site; and
3. remove or delete any User Content (including yours) that MediaCorp, in its sole discretion, finds to be in violation of the Terms of Use or otherwise objectionable or inappropriate.

5.2 You further acknowledge and agree that none of the MediaCorp Group Members needs to give you any reason, nor will any MediaCorp Group Member be liable to you in any way, for the exercise of any of their rights under the Terms of Use.

6. Intellectual Property Rights

6.1 The Intellectual Property Rights in the MOBTV Site and the MOBTV Content are owned by and remain the property of MediaCorp, its related corporations, or its licensors. These Intellectual Property Rights are protected by the laws of Singapore and international treaty provisions. The MediaCorp Group Members will aggressively enforce, to the fullest extent of the law, all Intellectual Property Rights they own in the MOBTV Site and the MOBTV Content.

6.2 The company names, trade marks, service marks and logos (collectively, " Trade Marks ") used and displayed on the MOBTV Site are registered and unregistered Trade Marks of MediaCorp, its related corporations, or its licensors. Nothing in the Terms of Use, the MOBTV Site, or the MOBTV Content grants you (whether by implication, estoppel, or otherwise) any license or right to use any of the Trade Marks displayed on the MOBTV Site or belonging to MediaCorp or its related corporations. Without affecting the foregoing, you must not:

1. use the Trade Marks to hyperlink, "hot" link or inlink to any website (including those owned or operated by MediaCorp or its subsidiaries) unless the establishment of such a link has been approved in advance by MediaCorp in writing;
2. use the Trade Marks in any way (including in advertising or publicity pertaining to the posting, submission and/or transmission of your User Content) without the prior written permission of MediaCorp.

7. No OBLIGATION OR Responsibility to Provide MOBTV Site or MOBTV COntent

7.1 The MOBTV Site and the MOBTV Content are made available for your convenience and on an “as is, as available” basis. None of the MediaCorp Group Members has any obligation to make available the MOBTV Site or the MOBTV Content, or any user support. You use and rely on the MOBTV Site and the MOBTV Content, and any goods or services that may be available, advertised and/or sold through the MOBTV Site, solely at your own risk.

7.2 None of the MediaCorp Group Members makes any representation or warranty, whether express or implied, in relation to the MOBTV Site, the MOBTV Content, or any goods or services that may be available, advertised and/or sold through the MOBTV Site. All such representations and warranties are excluded to the extent permissible by applicable law. This exclusion covers, without limitation, representations and warranties of merchantability, fitness for any purpose, accuracy, availability, and non-infringement, and warranties from course of dealing or usage of trade.

7.3 Without affecting the generality of Section 7.1 or 7.2 above:

1. none of the MediaCorp Group Members warrants that:

1. your use of or access to the MOBTV Site or the MOBTV Content will be uninterrupted, continued or secure;
2. the MOBTV Site or the MOBTV Content will be error free and free from viruses, Trojan horses, worms, time bombs, cancelbots and other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
3. the MOBTV Site, the MOBTV Content, or any advice, opinion, statement or other material or database displayed, uploaded or distributed in the MOBTV Site or available though any link on the MOBTV Site, is accurate, complete, or reliable.

2. none of the MediaCorp Group Members is responsible for, and all the MediaCorp Group Members exclude to the fullest extent permitted by law, any liability for:

1. any delay, failure, or inability to gain access to or use the MOBTV Site or the MOBTV Content for any reason whatsoever;
2. the connection or access to the MOBTV Site by you or the quality of the transmission of any information passing between you and the MOBTV Site;
3. any User Content that is posted by you or other users of the MOBTV Site;
4. any goods or services that may be available, advertised and/or sold through the MOBTV Site, or any advertisements or offers for such goods or services;
5. any and all third party services or websites not controlled by MediaCorp, even if they are linked to or accessed through the MOBTV Site;
6. any inaccuracy or error, or computer virus or other invasive or damaging code in the MOBTV Site or the MOBTV Content (including, without limitation, any information or functionality generated or obtained through the MOBTV Site or MOBTV Content); or
7. any damages, expense, claim, cost or loss of any kind (including without limitation loss of revenues, profits, business, opportunity or data, and incidental, indirect, consequential, special, punitive or exemplary loss or damages), howsoever arising, whether in contract, tort or otherwise.

7.4 To the extent the exclusions of liability in Sections 7.2 and/or 7.3 above are not permitted by law, then the aggregate cumulative liability of all the MediaCorp Group Members will be limited to the amount you paid MediaCorp, if any, for use of the MOBTV Site and the MOBTV Content.

8. Indemnity

8.1 You agree to fully indemnify the MediaCorp Group Members for any and all costs expenses, liability, losses, and damages that any of them may suffer or incur due to any breach of the Terms of Use by you. Without affecting the generality of the foregoing, the items to be indemnified include:

1. loss of revenue, business opportunity and/or anticipated savings;
2. losses and damages due to any claims, demands, actions, or lawsuits by third parties (including any Intellectual Property Right owner or licensor);
3. costs of investigations, litigation, settlement, judgment and interest; and
4. legal fees (on a full indemnity basis).

8.2 If there is any third party claim, demand or suit against any MediaCorp Group Member, for which the MediaCorp Group Member is entitled to indemnification under this Section 8, you agree to provide such assistance as is reasonably requested by MediaCorp to defend against the third party claim, demand or suit.

9. Termination

9.1 Your rights under the Terms of Use will remain effective until terminated.

9.2 Your rights under the Terms of Use may be terminated immediately by notice to you (in any mode of communication) from MediaCorp. Your rights under the Terms of Use will terminate automatically without notice from MediaCorp if you fail to comply with any provision of the Terms of Use or any licence agreement for any MOBTV Content.

9.3 Upon termination, you must cease accessing and using the MOBTV Site and the MOBTV Content and must promptly de-install, delete and destroy all copies of any MOBTV Content that you have downloaded, installed, saved, printed or reproduced in any medium.

10. Entire Agreement

The Terms of Use constitute the entire agreement between MediaCorp and you on their subject matter. They supercede all previous and contemporaneous oral or written representations, warranties, agreements, arrangements, communications and undertakings made or given to you by MediaCorp on the same subject matter.

11. Severability

If a Court of any competent authority decides that any provision of the Terms of Use is void or ineffective in whole or in part, the other parts and the other terms and conditions of the Terms of Use will not be affected and will continue in full force and effect.

12. No Waiver

A failure by MediaCorp to act on any breach by you or others of any of the provisions of the Terms of Use does not waive any of MediaCorp's rights for that breach or any subsequent or similar breaches.

13. Governing Law and Dispute Resolution

13.1 The Terms of Use are governed by and are to be interpreted according to the laws of the Singapore .

14. Electronic COMMUNICATIONS AND Transactions

You agree:

1. that all electronic communications made in connection with your use and access of the MOBTV Site and the MOBTV Content will be given legal effect, validity and enforceability and will have comparable evidential value as a physical written document;
2. not to contest the legally binding nature, validity or enforceability of any transaction made through MOBTV Site on the ground that it was entered into electronically; and
3. to expressly waive any and all rights you may have to assert any such claims and to comply with all relevant laws concerning electronic communications.