Use and Privacy Policy

Additional disclaimers and disclosures regarding the use of premium text messaging services

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AS THEY MAY CHANGE AT ANY TIME AT OUR SOLE DISCRETION WITHOUT FURTHER NOTICE.

"Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web sites.

1. For Your Convenience And Information Only

Our Web site is provided to you without charge for your convenience and information only and does not create any business or professional services relationship between you and N-Visio Limited. By merely providing access to our Web site content, we do not warrant or represent that:

The content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by a third party; or your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.

We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

2. Disclaimers

OUR WEB SITE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Third Party Content

We may provide hyperlinks or pointers to other Web sites maintained by third parties. We may provide third party content on our Web site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web site is not under our control, so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.

The fact that we provide a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site's owners or sponsors.

4. Hyperlink to Our Web Site

If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by, or with, us. In most cases, we are not aware that a third party has linked to our Web site. A Web site that links to our Web site: may link to, but not replicate, our content; should not create a browser, border environment or frame our content; should not imply that we are endorsing it or its products; should not misrepresent its relationship with us; should not present false information about our products or services; and should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

5. Transmitted Data

We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to, or post on, our Web site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.

You are not authorized to post on, or transmit to or from our Web site, any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

6. Copyright

Unless otherwise stated or indicated, our Web sites content is proprietary and are protected by US copyright and worldwide copyright laws and treaty provisions. You may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media. Any other use of the content in our Web site, including commercial use, reproduction, modification, distribution, republication, display or performance without our prior written permission is strictly prohibited.

7. Trademarks

The trademarks, service marks, and logos used and displayed and on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our written permission. We aggressively enforce our intellectual property rights. The name of N-Visio Limited or our respective logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logos as a hyperlink to our Web site unless you obtain our written permission in advance.

8. Investment Advice; Solicitation of Offers

Nothing in this site constitutes investment advice filings. We provide investor relations materials for your convenience and information only. In addition, investor relations' materials and our other Web site content are not offers to sell or solicitations of an offer to buy any security.

9. SEC Disclosure

Our Web site contains information that includes, or is based upon, forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They typically use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other similar words. Any or all of our forward-looking statements here or in other publications may turn out to be wrong.

Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are no guarantees about the performance of N-Visio Limited 's stock. These risks, uncertainties and factors include: the effects of government budgets and requirements; domestic and international economic, business and regulatory conditions; the ability to obtain, and timing of, future government awards and contracts; risks inherent in designing and implementing innovative advanced technology; and performance under existing government awards and contracts. These are only some of the factors that may affect the forward-looking statements contained in our Web site. We undertake no duty to update forward-looking statements to reflect subsequent developments. Given these uncertainties, you should not place undue reliance on these forward-looking statements.

10. Compliance with Law; Applicable Law

This site is controlled by us from our offices in the Hong Kong Special Administrative Region. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of Hong Kong export laws and regulations.

Any claims relating to our Web site and its content and materials shall be governed by the laws of the Hong Kong SAR without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties' obligations shall be brought exclusively in a court in Hong Kong .

11. Indemnification

You agree to indemnify, defend and hold N-Visio Limited and any N-Visio Group Company their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

12. Termination

Notwithstanding any of these terms and conditions, N-Visio Limited reserves the right, without notice and its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to, and use of, this Web site.

13. Miscellaneous

If any provision of these terms and conditions shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

PRIVACY POLICY

Thank you for visiting our Web site. This policy is designed to tell you about how we will collect and use information from our site so that you can make an informed choice about using this site.

1. What information do we gather?

Information on this site will be gathered in two ways: (1) passively (for example, saving language selection in a cookie); and (2) actively (for example, if you send us an e-mail request or fill out a form).

When you visit our site, our software automatically collects some information from your computer. The information includes the unique Internet address assigned to your computer or your Internet service provider, your browser type and version, and your operating system.

We also collect information when you voluntarily submit it to us. For example, if you ask for more information on our services, we may store and use the information you provide in our files for marketing purposes.

We may also collect other information you voluntarily submit to us and use it for the purposes for which it was submitted. If you wish to have any personal data you have sent to us removed from our database, please e-mail us at info@n-visio.com .

2. What information do we disclose?

We will not sell, lease or rent personal data we passively or actively collect. We may disclose collected personal data if required to do so by law, or in the good-faith belief that such action is reasonably necessary to (1) comply with legal process; (2) respond to any claims; or (3) protect the rights, property or personal safety of N-Visio Limited or its subsidiaries and affiliates, our customers or the public.

3. Questions?

If you have any questions now or during your visit, please contact us at info@n-visio.com .

ADDITIONAL DISCLAIMERS AND DISCLOSURES REGARDING THE USE OF THE PREMIUM TEXT MESSAGING SERVICE

NOTICE: Your attention is drawn to the following Terms and Conditions for use of premium text messaging services. Please read these carefully before using the services. You will be legally bound by these Terms and Conditions whether or not you choose to read them. By using the service you will be ta ken to have read, understood and accepted these Terms and Conditions in the same way as if you had signed a printed version. These Terms and Conditions will continue to apply every time you use the service but N-Visio Limited reserves the right to amend these Terms and Conditions at any time. Your continued use of the service after notification of any amended Terms and Conditions will constitute acceptance of such revised terms.

Thank you for using the premium text messaging service. N-Visio Limited provides a focused range of services together with leading media companies and mobile carriers.

For any detailed information on how your premium text message may interact with a certain event or programming, please refer to the website of the particular media company where the promotion for the service was broadcasted.

If you have specific question regarding the use of text messaging, the various price points and billing issues, please refer to the website of your wireless carrier.

1. Message transfer

N-Visio Limited makes no guarantee regarding the time it takes to transfer a message to or from your phone through the network of a participating wireless carrier.

2. Receipt of confirmation messages

No guarantee is given regarding the time when you will receive the confirmation text message, since this is dependent upon the conditions prevailing at the time of submission, including but not limited to (i) you have a compatible wireless phone (with a two way messaging capability), (ii) your subscription with your wireless carrier supports two way messaging, (iii) the premium text message is sent from your wireless phone to the correct telephone number, network entity identifier, or such other data (including the domain of the service, the correct short code and the correct code word) and or messaging number (s), (vi) the wireless phone is turned on and within the area covered by your wireless carrier, and (v) the mobile phone has memory slots available for new messages.

3. Participating wireless carriers

N-Visio Limited does not make any claims or guarantees on behalf of participating wireless carriers regarding their system capacity, their actual line capacity, their message through-put or any other issue pertaining to the operation, the engineering or the implementation of their wireless network. Any service marks, trademark rights or intellectual property of a participating wireless carrier remain the property of that particular wireless carrier.

4. Active consent

When sending a text message to one of the premium messaging services operated by N-Visio Limited in cooperation with our media company partners, you are agreeing to the terms and conditions for use of the service as posted on their websites, and in particular you are agreeing to the premium charge being billed for your use of the premium service by your wireless carrier. By sending such a text message, you also actively give your consent to receive related information or promotional messages regarding the service, the broadcast, or the media company (as permitted by your wireless carrier).

5. Permission to incur a premium charge

If you are not the owner of the wireless phone you intend to use for your participation in a premium messaging service, you should always obtain the permission from the owner before participating. Minors should get parental permission.

6. Right to Block Transmission

N-Visio Limited reserves the right to refuse to transmit messages that violate any federal, state or local law, court order or regulation. Additionally, N-Visio Limited reserves the right to refuse to transmit messages that, in its sole discretion, contain harassing, defamatory, libelous, abusive, threatening, obscene, coercive or objectionable material. This reservation is not limited to the use of a particular premium rate text messaging service, and N-Visio Limited in cooperation with our media company partners may block, at our sole discretion, wireless subscribers that transmit such messages from the use of current and future applications without prior notification.

7. Intellectual Property Rights

By giving your active consent, you may make no claim regarding the intellectual property right or claim any rights to the actual content of a premium text message. When received by N-Visio Limited, the content of such text message shall be considered the property of N-Visio Limited that may choose to make this available for a media company partner. Furthermore, you are warranting that such message is not violating any intellectual property rights you or any third party may be entitled to.

8. Short codes

N-Visio Limited is only using the short codes for the sole purpose of providing premium text messaging applications. The short codes are assigned by the various participating carriers, and are subject to change from time to time.

9. Billing

The billing for the use of a particular premium text messaging service is the responsibility of your wireless carriers. Any questions regarding line items appearing on your bill shall be directed to their customer service department.

10. Use of Personal Data

Any personal data, if provided by you on a voluntary basis and collected by N-Visio Limited, will only be used in accordance with current consumer protection legislation. Such personal data will be collected, processed and used by N-Visio Limited only for the purpose of registering you for a given services, providing the actual service and facilitating any premium text messaging transactions.

11. Request for feedback

If you have seen a promotional message for a premium text messaging service offered by N-Visio Limited in cooperation with our media company partners, and you have complaints or comments on how the service was being promoted, please do not hesitate to contact us at info@n-visio.com .

12. Inquiries If you want to know if your phone has been used for premium text messaging applications as offered by N-Visio Limited in cooperation with our media company partners, or have any other question, please send a mail to info@n-visio.com . Please include your wireless phone number and any other relevant information in your request.