TERMS AND CONDITIONS OF USE
ABS-CBN International (“ABS-CBN”) allows you access to its website for “Kollective Hustle” at www.kollectivehustle.com website (the “Website” or “www.kollectivehustle.com”) on certain computers, mobile and other devices (the “Devices”), subject to the terms and conditions contained herein and to such other terms and conditions as may be applicable. The Website contains interactive features, audio-visual, audio, video and/or content streams of entertainment content, or clips or excerpts thereof, information, data, other materials (collectively, “Content”) owned by or licensed to ABS-CBN International and its parent company/ies, subsidiaries and affiliates (collectively with ABS-CBN, the “ABS-CBN Group” or separate from ABS-CBN, the “Subsidiaries and Affiliates”). The Website is provided to users for their personal, private and non-commercial use only.
We expressly reserve the right to change, amend, modify, supplement or update these Terms from time to time without prior notice to You. You acknowledge and agree that it is Your responsibility to review this Website and these Terms from time to time and to keep Yourself updated with any modifications. Unless otherwise specified, any and all new feature/s or functionality/ies of the Website and/or Service shall be subject to the current Terms. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and agreement to abide by and be bound by the modified Terms.
You acknowledge, understand and agree that Your use of the Website may be subject to additional and separate terms and conditions and privacy policies of affiliated and/or third-party entities which, as the case may be, own, operate, maintain, manage, host, manufacture, service and/or provide the Website, the Device/s, or certain components, features or functionalities thereof. By subscribing to or and/or using the Website, You signify Your agreement to and acceptance of such terms and conditions and privacy policies.
By visiting and/or using the Website, You represent and warrant to Us that: (i) You are of legal age based on the laws of the relevant jurisdiction and that You are capable of entering into and forming a binding contract with Us; (ii) You are entering into this agreement for Your personal use only; (iii) You neither reside in, nor will access, avail of, or use/receive the Website in, nor are a representative of the Government of, either Cuba, Iran, North Korea, Sudan, Syria, or the Crimean region of Ukraine; (iv) You are not subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country or territory where you are accessing and/or using the Website; and (v) you are not prohibited from accessing and/or using the Website under the relevant laws of the country or territory where you access and/or use the Website.
WEBSITE AND CONTENT
The Website (including past, present and future versions) and all components that are included in or are otherwise part of the Website, including without limitation, any and all Content, graphics, layout, text, content, instructions, images, audio, videos, designs, advertising copy, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrighted and copyrightable materials; the “look and feel” of the Website; the compilation, assembly and arrangement of the components of the Website and all other components related to the Website (collectively, the “Components”) are owned or controlled by or licensed to ABS-CBN, the ABS-CBN Group or its Subsidiaries and Affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, service mark, patent, publicity and other proprietary rights and all applicable local, federal and international laws. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Website and Components or take any action whatsoever in derogation of ABS-CBN’s or its licensors’ rights therein, or in breach of, any terms and conditions contained in these Terms. You acknowledge and agree that you will not acquire or claim any rights in the Components, or aid or abet anyone else in doing so.
You may only access and view the Website and/or its Components personally and for non-commercial purpose (“Right to Use”). Your Right to Use does not grant, convey or otherwise transfer any license, sublicense or ownership of any such Components. You agree not to sell/resell, digitally stream, broadcast or disseminate, modify, rent, lease, distribute or create derivative works based on the Website or any programs or content thereof, or retain any copy/duplicate of any Components, in whole or in part, absent the prior express written authorization of ABS-CBN.
You are responsible for providing, at Your own expense, all equipment necessary to use and access the Website and/or its Components, including a computer or Device, modem, and internet access (including payment of any and all fees associated with such access).
You acknowledge, understand and agree that ABS-CBN may add, withdraw, replace, suspend, modify, discontinue, or change any Content, terms, feature/s and/or functionality/ies of and/or in the Website, the schedule or period during which they may be available, and the manner in which they are delivered, and that You shall not have any recourse against ABS-CBN, the ABS-CBN Group, its Subsidiaries and Affiliates, their respective directors, stockholders, employees and/or representatives in connection with ABS-CBN’s exercise of these rights, except to stop using the Website. The Website and/or certain Content may not be available/accessible in certain countries/territories, and/or during certain periods, and/or on certain Devices due to rights restrictions, technological limitations, ABS-CBN’s business decision/policies, and/or contractual, legal and/or regulatory requirements/restrictions.
ABS-CBN may insert, serve, show or display advertisements, commercials, pre-rolls, mid-rolls, end-rolls, banners, of or for its own or its Subsidiaries and Affiliates’ products or services (“ABS-CBN Advertisements”) and/or products or services of third-party advertisers (“Third Party Advertisements”) on any Content, for which ABS-CBN may derive advertising or sponsorship revenue. You acknowledge, understand and agree that ABS-CBN is and shall not be liable nor responsible for Third Party Advertisements, and that You shall not have any recourse against, and shall hold free and harmless, ABS-CBN and its Subsidiaries and Affiliates, from and against any and all claims, damages, cost, liability or suit arising out of or in connection with any Third Party Advertisement on the Website, including but not limited to claims for infringement, invasion of privacy, defamation, libel.
Your access to the Website and/or any Content may vary by geographic location and may change from time to time.
Although the Website may be accessible in various countries, We make no representation that the Content, materials and/or services on this Website are appropriate or available for use to all Users, in all locations. Accessing any Content, materials and/or services on this Website from countries/territories where they are illegal is prohibited. Those who choose to access this Website do so on their own initiative and are responsible for compliance with any and all relevant and applicable laws. Any offer for any product, service, and/or information made on or in connection with this Website is void where prohibited.
The streaming and quality of the Content on the Website may vary due to different factors such as, but not limited to, the type of device, location, internet speed/bandwidth, and the type of Content (high definition, etc). To access the Website, You will need internet access. You shall solely be responsible for procuring, maintaining and paying the fees for Your internet service to Your internet service provider.
While We may choose to monitor and take action upon inappropriate Content, chat or links to the Website, it is possible that at any time there may be language or other material accessible on or through the Website that may be inappropriate for children or offensive to some users of any age, nationality or culture. We cannot ensure that other users will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. We do not as a matter of policy pre-screen the content of the materials or communications transmitted by each user. It shall be Your responsibility to screen and access Content that are appropriate to Your age level and further warrant that You have secured the necessary consent and advice from Your parents and/or guardian to avail or use the Website.
Your privacy is important to us. By agreeing to and accepting the Terms hereof, You acknowledge that certain personal information may be collected, transferred, stored, recorded, shared and used by ABS-CBN, its Subsidiaries and Affiliates, and Our and Our Subsidiaries and Affiliates’ authorized service providers. We are committed to safeguarding Your personal information and will use all good faith efforts to ensure that it is secure.
Certain areas or pages of the Website may be subject to eligibility requirements and/or may require registration and/or may otherwise ask you to provide personal information such as, but not limited to, Your name, email address, city, state, and country in order to participate in certain features or have access to certain Components (as defined below) of the Website. The decision to provide your information is purely optional, however, if you choose not to provide such information, you may not be able to access certain Components or participate in certain features of the Website even if otherwise eligible. When you provide information, you agree to provide only the true, accurate, current and complete information and acknowledge that it is your responsibility to keep information current.
In addition to any personal information or other information you choose to submit to us, we may use a variety of technologies that automatically (or passively) store or collect certain information from your computer hardware and browser, including your IP address, browser type, cookie information, domain names, software and hardware attributes, access times and referring web site addresses, whenever you visit or interact with the Website.
We do not sell your personal information. We will not rent, sell, provide or share your personal information with other people or non-affiliated or non-related companies, except for some legitimate reason or purpose and only to trusted business partners and service providers, including but not limited to those entities who may be participating in the Kollective Hustle mentorship and internship programs, as appropriate. We will limit access to your personal information to Our and Our Subsidiaries and Affiliates’ employees, agents, and representatives who need to access your personal information in order to accomplish their functions. Furthermore, these employees, agents and representatives are obliged to keep your personal information confidential.
We will not collect, use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
By using the Website and/or registering with the Website, You expressly authorize ABS-CBN, its Subsidiaries and Affiliates, and Our and Our Subsidiaries and Affiliates’ employees, agents, representatives and authorized service providers to use Your disclosed personal information for the following purposes: a) to provide You access to the Website, including fulfillment or renewal thereof, and/or maintenance or administration related thereto; b) to market, promote and advertise the products, services, events, initiatives and activities of ABS-CBN, and of its Subsidiaries and Affiliates; c) to customize ABS-CBN’s, and its Subsidiaries and Affiliates’ advertising, promotional and marketing activities; d) to fulfill Your requests for products and services; e) to conduct research, survey and perform statistical analyses of user behavior in order to measure relative consumer interest on the Website, its Content, various products, services and activities of ABS-CBN, and of its Subsidiaries and Affiliates; f) to inform advertisers or sponsors or their respective representatives how many have responded to an advertisement or promotion; g) to promote and manage ABS-CBN’s, the ABS-CBN Group’s and its Subsidiaries and Affiliates’ customer loyalty and/or customer retention program/s, or any loyalty program that ABS-CBN may participate in; h) to pass on information to the relevant government agency or institution for fraud information; i) to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms, or as otherwise required by law; j) to transfer information if the Website is acquired by another company; k) to transfer, move, copy, record store and use Your personal information outside the country where You are accessing the Website; l) to be used as a basis for displaying targeted advertisements in the Website; m) to respond to subpoenas, court orders or legal processes, or to establish or exercise ABS-CBN’s rights or defend legal claims against ABS-CBN; and n) to contact you and communicate with you for any of the foregoing purposes.
You agree that we may share and transfer Your personal information with, to and among the ABS-CBN’s its Subsidiaries and Affiliates, and Our and Our Subsidiaries and Affiliates’ respective employees, agents, representatives, and authorized service providers, and that We/they may use your personal information for the foregoing purposes without further notice. You also agree that ABS-CBN and its Subsidiaries and Affiliates, their respective directors, officers, employees, agents, representatives will not be liable to you for any and all claims, damages, liabilities, costs and expenses, including attorney’s fees, in connection with the permitted use of your personal information as detailed hereinabove.
Please be advised that if you directly disclose personal information through any ABS-CBN public message boards, this information may be collected, used and disclosed by third parties who may not be bound by our Privacy Notice. ABS-CBN also encourages you to review the privacy policies and/or privacy notices of other web sites you choose to link to from our Website, in order to understand how those sites collect, use and share your personal information. ABS-CBN is not responsible for the privacy policies and/or privacy notices or the content of web sites of third parties.
If You have questions or if You prefer that we refrain from or limit the use of your personal information, please advise Us by going to the Contact Us page. We shall continue using your personal information for the foregoing purposes until and unless we receive Your advice requesting Us to refrain from or limit the use of Your personal information.
YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits customers of the Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org
You further agree to be bound to the Privacy Notice of ABS-CBN.
The website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize ABS-CBN web pages, or register with an ABS-CBN Group site or service, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same site, the information you previously provided can be retrieved, so you can easily use the features that you customized. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ABS-CBN services or websites you visit.
In order to access certain Components or participate in certain features of the website, registration may be required.
You may register to, and create an account on, the Website (the “Account”) either directly on the Website by filling out a registration form (“Registration Page”), or by using Your existing social media account, as may be available on the Website.
In using Your existing social media account to register with the Website, You confirm that You have provided true, accurate and complete information about Yourself in the social media account You used. You also agree to update Your information in the social media account You used and to keep it true, accurate and complete. You also acknowledge, understand and agree that such social media service has terms and conditions and privacy policies and notices which are separate and distinct from these Terms, that We nor any of Our Subsidiaries and Affiliates are not responsible to You for nor under such social media service’s terms and conditions and privacy policies, and that You shall be responsible to the owner/operator of such social media service in and for complying with their terms and policies and shall indemnify and hold ABS-CBN and its Subsidiaries and Affiliates free and clear of any liability, claim or obligation for or in connection with Your use of such social media service, including for purposes of registering an Account to this Website using Your social media account. We have the right to suspend or terminate Your Account if there is reasonable ground to believe that You have not provided true, accurate and complete information about Yourself whether on the registration form on the Website or in the social media account You used, or if You violate any of the Terms.
By registering with the Website directly, You agree to provide Us true, accurate, current and complete information about Yourself when You fill out the Website Registration Page and to update Your information to keep it true, accurate, current and complete. We reserve the right to rely on the location of Your IP address and the other information that You provided for purposes of Our delivery of the Website and/or Service. We reserve the right to suspend or terminate Your access to the Website and/or Your Account, if any, if We have reasonable ground to believe that You have not provided true, current, accurate and/or complete information about Yourself in the Website Registration Page or in the event of Your breach or violation of any provision of the Terms. You hereby expressly acknowledge that the Website is provided by ABS-CBN and may be altered, modified, rebranded, suspended, updated,or discontinued at any time at its sole discretion and with no notice to You.
PASSWORD AND ACCOUNT SECURITY
If You created an Account and registered to the Website, You agree to keep Your username and password secure and confidential. You assume full responsibility for all activities under Your Account. We will presume that You have personally performed, and are the one personally performing, all activities under Your Account, such as but not limited to registration, access, and viewing, and that such activities are valid and authorized by You, unless You advise Us otherwise. You also agree to immediately inform Us of any unauthorized use of Your Account by going to the Contact Us page.
You agree to indemnify and hold ABS-CBN, and its Subsidiaries and Affiliates, their respective directors, officers, employees, agents, representatives and/or their respective authorized service providers, free and harmless from and against and all claims, damages, liabilities, suits, costs and expenses, including attorney’s fees, arising from any and all unauthorized use of Your Account and/or password. Additionally, You hereby acknowledge that, in the event that You willfully, inappropriately, and/or intentionally use, misuse, or abuse, or that Your unauthorized and/or prohibited use of Your Account results in damage to, destruction, or loss of, infringement of or claim against, any ABS-CBN property(s)/materials, the Content, and/or the Website, You may be held liable for any and all applicable civil and/or criminal penalties arising out of or otherwise related thereto.
In addition, You may not use Your Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to You or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
USER CONTRIBUTIONS, REVIEWS AND COMMENTS
We may provide users with interactivity tools on the Website where You may publish, transmit, submit, tag or post photographs, videos, reviews, votes, and comments (collectively, “Post”) that are directly relevant to the Content on the Website or to the linked websites. You may also chat or send electronic communications (collectively, “Chat”) to other Website users. Posts will be deemed user contributed materials and shall be subject to the policies regarding User Posted Material detailed herein. If we provide the foregoing tools, You hereby grant ABS-CBN, and its Affiliates, an absolute, irrevocable, royalty-free and non-exclusive, perpetual, worldwide right to use any such Posts, in whole or in part, in any and all media worldwide to market, promote and advertise the Service, and its other products and services, as may be applicable. You also grant ABS-CBN and its Affiliates the right to attribute to You the Posts You published, transmitted, submitted or posted.
You agree not to Post, Chat or otherwise make available any of the following, and ABS-CBN also has the sole and full discretion to restrict, edit, remove, exclude, limit or delete any Posts, such as but not limited to those that contain content or language that is objectionable, offensive, discriminatory, abusive, or violative of any laws, rules and regulations, such as, but not limited to: a.) harsh, profane indecent, offensive or discriminatory language; b.) illegal, obscene, defamatory or objectionable materials; c.) personal information, URLs, phone numbers, contact information, home, office, mailing or e-mail addresses; d.) personal attacks on another person or entity; e.) unauthorized advertising or promotional materials or any form of solicitation; f.) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or computer hardware or telecommunication equipment; g) violates the privacy, intellectual property, or any other right or any person or entity. . Violation of the foregoing may also result in the immediate blocking, suspension or termination of your access to the Website and/or Account. Additionally, in the event of any injury or damage to either ABS-CBN, its Affiliates or any user of the Website, arising out of or in connection with Your violation of any of the foregoing, you may be liable for any and all applicable civil and/or criminal penalties.
You further agree not to collect, share or store personal data about other users of the Website. You also agree not to claim the identity of or misrepresent another person.
You understand and agree that ABS-CBN and its Subsidiaries and Affiliates will store the materials or communication subject of your Posts or Chats on its/their servers. Such materials will be subject to the Privacy Notice detailed hereinabove or as posted on the Website.
USER POSTED MATERIAL
You understand and agree that all information, data files, content, still photos, audio, video and/or audio visual materials, written text, comments, votes, Post(s) or other images (collectively “Material”), which are made available by users of the Website, past and present, on or through or related to the Website are the sole responsibility of the person who submitted, shared or made available such Material.
ABS-CBN does not endorse any Material posted by the users and such Material does not reflect the opinion or policies of ABS-CBN and its Subsidiaries and Affiliates, nor of their employees, directors, shareholders, officers, agents, or representatives. You agree to waive any legal or equitable right or remedy you may have against ABS-CBN and its Subsidiaries and Affiliates, their employees, directors, shareholders, officers, agents, or representatives with respect to any Material posted by a user on the Website.
By Posting a Material on the Website, if such facility is provided by the Website, You represent and warrant that you own the Material posted or submitted or that You have obtained permission from all the rightful owner/s of the Material to Post, use or display it on the Website including but not limited to person/s whose faces, names, images and/or likeness appear therein or mentioned thereon, or the persons who own or have the right in and to any and all elements in and to the Materials. You also hereby grant ABS-CBN, and its Affiliates, an absolute, unencumbered, perpetual, irrevocable, worldwide, royalty-free and non-exclusive right and license to use the Material in whole or in part, in any and all media or platform now existing or hereinafter developed. You also represent and warrant that the Posting of the Material does not and will not violate the right of any party or entity, including but not limited to invasion of privacy or infringement of intellectual property rights.
You agree to indemnify and hold ABS-CBN, its Subsidiaries and Affiliates, their respective directors, officers, shareholders, employees, agents, representatives and/or their respective authorized service providers, free and harmless from and against any claim, suit, liability or damages which may arise out of or in connection with any Material which you submitted to or Posted on the Website. You also grant ABS-CBN and its Subsidiaries and Affiliates a perpetual, irrevocable, worldwide, royalty-free, unrestricted, unconditional and non-exclusive license to use, reproduce, adapt, modify, translate, publish and distribute the Material, in whole or in part, You Post or make the same available on the Website or any platforms or channels or ABS-CBN, and its Subsidiaries and Affiliates.
We reserve the right, but shall have no obligation, to pre-screen, monitor, review, edit, modify, flag, refuse or remove any Material You Post or make available on the Website upon Our reasonable belief that such Material is offensive, indecent, objectionable, infringes the right of a person or entity, or for any reason whatsoever at any time.
In using the Website, you may be exposed to Material made available or Posted by other users on the Website, if such facility is provided or allowed, that You may find offensive, indecent or objectionable. In such case, please advise Us of such Material by going to the Contact Us page. However, you hereby expressly acknowledge and accept that certain Material may be Posted or contained on the Website that may be in opposition to your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.
ADVERTISEMENTS AND LINKS
The Website may show advertisements and communications from ABS-CBN, and its Subsidiaries and Affiliates. Unless otherwise specified, no advertisement, communication or information shall be deemed as a binding offer from ABS-CBN, or its Subsidiary or Affiliate. Furthermore, ABS-CBN makes no warranty, representation(s) or endorsement of any goods or services offered thereof. Instead, the advertisement, communication or information may be considered as an invitation for you to purchase products of ABS-CBN and its Subsidiaries and Affiliates or to engage or avail of their services.
SOCIAL MEDIA SITES LINK
You may have the option to register to this Website through Your Facebook, Twitter or other social media account/s as may be available for registration on the Website (collectively “Social Media Accounts”). Please note that only one Account for each type of social media can be connected to Your Account.
From time to time, ABS-CBN may conduct promotions on or through the Website, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.
INTELLECTUAL PROPERTY INFORMATION
All Content of the Website are:© Nov 2020 – 2021 ABS-CBN or its Affilates, All Rights Reserved.
By accepting these Terms, You acknowledge and agree that all Content presented to You on this Website is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of ABS-CBN and/or its Subsidiaries and Affiliates, or their respective content providers/licensors. You are only permitted to use the Content as expressly authorized by Us or the specific content provider/licensor. You may not and shall not copy, reproduce, modify, adapt, process, create derivative works, republish, upload, post, publicly display, offer to the public via communication, transfer to the public, transmit, sell, lease, or distribute any Content, material, documents, information (in whole or in part) of or from or any part of this Website in any manner, form or by any means without prior written permission from Us, and You are solely responsible for obtaining any and all necessary consents and permission before reusing any copyrighted material that is available on this Website. Your unauthorized use of any Content, materials, or information appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties, and/or in the termination of all Your rights under these Terms, without prejudice to any other rights or remedies which We may have against You at law or in equity. In such event, You must immediately cease any and all use of the Website, and You hereby undertake to do so.
Neither We nor Our Subsidiaries and Affiliates warrant or represent that Your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Website infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All other trademarks or service marks, including the names of actual companies and third party products mentioned in the Website are the property of their respective owners and may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
UNAUTHORIZED USE OF MATERIALS
Subject to Our Privacy Notice, any communication or material that You transmit to this Website or to Us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Us and Our agents and Subsidiaries and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.
We respect the intellectual property of others, and We ask You to do the same. If You or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, You or the user should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- Identification in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identification of the material that You claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
- Provide information reasonably sufficient to permit Us to contact You (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A physical or electronic signature on the paper.
- Send the written communication to the following:
Designated Agent for Claimed Infringement:
Address: 432 N Canal St., Ste 21, South San Francisco, CA 94080
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our site without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
INTERRUPTION OF SERVICE
We reserve the right to suspend or interrupt use of and/or access to the Website from time to time, with or without prior notice, in order to perform maintenance.
You acknowledge that the access to the Website may be interrupted for reasons beyond Our control, and We cannot guarantee that You will be able to access the Website whenever You may wish to do so. We shall not be liable for any interruption and/or access delay or failure to the Website resulting from any causes beyond its reasonable control or for any disruptions arising from or attributable to Your actions.
We may modify, suspend, discontinue or terminate, temporarily or permanently, Your access to all or any part of the Website (including Your Account) at any time, with or without cause, with or without notice, effective immediately, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your Account and may be referred to appropriate law enforcement authorities. Upon modification, suspension, discontinuance or termination, regardless of the reasons therefor, Your rights to use this Website immediately ceases, and You acknowledge and agree that we may immediately deactivate Your Account and all related information and files in Your Account and/or bar any further access to such files or this Website. You acknowledge that ABS-CBN will not be liable to You or to any third party for any claim, loss or liability arising from or in connection with the modification, suspension or discontinuance of Your Account or any other actions taken by ABS-CBN in connection with such modification, suspension, discontinuance or termination.
In case of termination of Your access and/or of Your Account, the same shall be without prejudice to any other rights or remedies that ABS-CBN may have at law or in equity.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, disclaimers, indemnity and limitations of liability.
ABS-CBN provides the Website, and all its Components, on an “as is” basis, and hereby expressly disclaims any and all representations, warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose. You agree and acknowledge that We shall have absolutely no liability in connection with the provision of the Website, including, but not limited to, any liability for damage to Your computer hardware, data, information, materials and business resulting from Your use of the Website. Without limiting the foregoing, We does not ensure continuous, error-free, secure or virus-free operation of the Website.
Insofar as Social Media Accounts are dependent upon the third party social media website(s) and application(s) companies, ABS-CBN and its Subsidiaries and Affiliates make no warranty, express or implied, as to the compatibility, integration and/or functional compatibility of Your Account and such Social Media Accounts.
You agree and acknowledge that We make no warranty, representation or guarantee as to the content, sequence, timeliness, accuracy or completeness of the Website or that the Website will be uninterrupted, secure or error free or that any defects in the Website can be corrected, and/or that the Content, services and materials will meet Your requirements, and/or the results that may be obtained from the use of the Website will be effective, accurate or reliable; and/or that the quality of any Content, services, materials, information obtained by You from the Website will meet Your expectations or be free from mistakes, errors or defects.
This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and the services at the Website, including descriptions of any services therein, at any time without notice. The materials or services at the Website may be out of date, and We make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through the Website is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
Through Your use of the Website, You may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and/or services and You.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available on or through the Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of ABS-CBN speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks which You may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You agree and acknowledge that neither We nor Our Subsidiaries and Affiliates, Our and/or Our Subsidiaries and Affiliates’ respective directors, shareholders, officers, employees, agents, representatives, Partners shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if We/they have been advised of the possibility of such damages), resulting from: (1) Your use or Your inability to use the Website or related services for any information, software, products, services, content and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise; (ii) performance of the Website; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or from the Website; or (v) any other matter relating to the Website.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED FROM THIS WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold ABS-CBN, its Subsidiaries and Affiliates and their respective directors, officers, shareholders, employees, agents, representatives and/or their respective Partners, free and harmless from and against any and all claims, damages, liabilities, losses, costs and expenses, including attorney’s fees, made by any third party due to or arising out of or are otherwise directly or indirectly related to Your use of the Website, or activities in connection to the Website, your use of the facilities of the Website, your violation or breach of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities.
NO LEGAL RELATIONSHIP
These Terms and the use of the Website, Our databases and data, including Your uploading of any data and contents onto the Website, do not and shall not be construed to create any, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between You and ABS-CBN or any of its Subsidiaries and Affiliates. Your use of the Website for Your enjoyment and benefit constitutes the sole and sufficient consideration for any contribution You have to the Website, and any other data.
The laws of California, USA shall govern these Terms and Our relationship as provider and user of the Website, without regard to conflict of law provisions.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision/s of the Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision/s shall not affect the other provisions of the Terms. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision/s. All the other provisions of the Terms not affected by such invalidity or unenforceability shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience and have no legal or contractual effect.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Us must be sent to the attention of Customer Service at email@example.com , if by email, or at ABS-CBN International: 432 N Canal St., Ste 21, South San Francisco, CA 94080 if by conventional mail. You may also contact Us at the foregoing addresses if You notice that any user is violating these Terms. Notices to You may be sent to the address supplied by You as part of Your Personal Information. In addition, We may broadcast notices or messages through the Website to inform You of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
For more information on the system requirements of the Website, please visit the Contact Us page.
If you have any questions or comments, email us at firstname.lastname@example.org for general inquiries or visit the About page.
For more information on the system requirements of Myx TV, please visit the Contact Us page.
If You have any questions or comments, please Contact Us page go to the.
Updated on: June 18, 2021