ABS-CBN Corporation, a corporation duly organized and existing under Philippine laws, with business address at Sgt. Esguerra Avenue corner Mother Ignacia Street, Quezon City 1103, Philippines (including its affiliates and subsidiaries, "ABS-CBN") is committed to protecting your privacy and developing technology that gives you a powerful but secure and safe online experience. This Privacy Notice (the “Privacy Notice”) applies to and governs data collection, recording, updating, modification or corrections, usage, sharing, storage, retention and destruction or disposition (collectively, “data processing”) by ABS-CBN in the websites owned and/or operated by ABS-CBN, including the website you are currently accessing (the “Website”). You are hereby requested to accept and consent to the data processing rules and practices described in this Privacy Notice so that you may continue to use and enjoy the Website.
Insofar as ABS-CBN processes your personal data for purposes of using and enjoying the Website, ABS-CBN shall comply with its obligations on data privacy, as specified in Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, its implementing rules and regulations, and all other relevant data privacy laws. Where applicable, ABS-CBN shall likewise comply with relevant data privacy laws of the country or territory where you are a citizen, a resident or otherwise accessing the Website.
ABS-CBN encourages you to review the privacy statements or policies of websites you choose to link to from the Website (the “Linked Sites”) so that you can understand how these Linked Sites collect, use and share your information. ABS-CBN is not responsible for the privacy statements or policies or other content on websites downloaded from the Website and other websites operated by third parties.
ABS-CBN’s activities, procedures and objectives in relation to data processing are guided by, consistent with and pursuant to the principles of transparency, legitimate purpose and proportionality as provided by law
1. Personal Information you provide to ABS-CBN:
To allow you to access and/or use the Website, including the creation, registration or maintenance of a user account specific to you (the “Account”), ABS-CBN may ask you to provide certain contact and personal identifiable details, such as your name, e-mail, home, work or some other address, telephone numbers (landline or mobile), as well as sensitive personal information, such as nationality, birthday, marital status, gender, educational attainment, occupation, religious, philosophical or political affiliations, family background, government issued data like social security number and passport details. ABS-CBN also collects anonymous demographic information, which is not unique to you, such as your ZIP code, preferences, interests and favorites. Please note that providing additional information about yourself may reveal your identity even when using the Website as "Anonymous" user.
Further information may be collected when ABS-CBN exchanges communications with you, for example, if you submit a request, contact ABS-CBN's support team, or report a violation or complaint to ABS-CBN’s Data Privacy Officer at [email protected] in accordance with your rights as provided below.
Any such information you provide ABS-CBN is used for its internal purpose only and/or in connection with the Website, and will be treated with utmost confidentiality.
Any false, incorrect, or outdated information may impair ABS-CBN's ability to provide you with the Website and to contact you when necessary. ABS-CBN will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to continue to use the Website. Content or materials you upload and any other information you submit in the Website will be posted along with other personally identifiable information. Therefore, you must exercise caution and common sense when submitting these content, materials or information. At the very least, you should demonstrate the same degree of caution as when publishing personal information by means other than the Internet and cellular services.
2. Account Log-in Details you will use
For some websites of ABS-CBN, you may be required to log-in to your Account. To login, you must use your username and password that ABS-CBN allocated to you or that you have selected for your Account (the “Account Log-in Details”). ABS-CBN may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Website or for accessing certain features or designated sections of the Website.
Please note that the Account Log-in Details will be used to identify you when you use the Website. Your username will be included along with any information you submit for posting. It will therefore be visible to others.
Your Account Log-in Details are under your responsibility. You are fully accountable for any use or misuse of your Account and personal information as a result of conveying your Account Log-in Details to someone else. You must maintain your Account Log-in Details in absolute confidentiality and avoid disclosing them to others. We encourage you to change your password frequently and at least once every six (6) months.
3. Meta-data that ABS-CBN collects from your use of the Website and view of sponsored Content
ABS-CBN keeps track of your surfing and browsing of the Website and its Linked Sites, collects information about your use of the Website, and may collect information about the services that you use and how you use them, like when you visit different parts of the Website or view its sponsored content, and what selections you make.
ABS-CBN may also automatically collect certain technical information such as:
(a) Device information. ABS-CBN may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the site);
(b) Log information. When you use the services or view content provided by ABS-CBN, ABS-CBN may automatically collect and store certain information in server logs. This information may include: • details of how you used our service, such as your navigation paths and search queries;
• mobile related information if you access the Website using your mobile device;
• internet protocol address;
• device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL; and
• cookies that may uniquely identify your browser or your account.
For example, ABS-CBN may record the frequency and scope of your use of the Website, the duration of your sessions, the web pages that you visit, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet Protocol (IP) address and the name of the domain that serve you to access the Website, and the geographic location of the computer system that you are using to log-in. Such data is usually automatically collected and stored among others in log files of the Website's computer servers.
(c) Location and/or Route Information. Whether as "Anonymous" or as registered user, when you use your Mobile Phone with a copy of the Website, ABS-CBN collects your location and route information. ABS-CBN uses that information to provide you and other users with the Website. ABS-CBN may make further use of your location and route information by providing you information about sites, shops and other places and attractions in your close vicinity.
ABS-CBN may install "cookies" to help you personalize your experience with the Website. A “cookie” is a HTTP file that is placed on your browser by a web page server. Cookies cannot be used to run programs or deliver viruses to your device. Cookies are uniquely assigned to you, and can only be read by the web page server of the Website that issued the cookie to you.
You can accept or decline cookies by modifying your browser setting to decline cookies if you prefer. Unless you have modified your browser setting to decline the cookie, if you continue to use the Website, the cookie will be automatically installed. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website or the Linked Sites you visit.
One of the primary purposes of cookies is to provide a convenience feature to save you time by informing the web server that you have returned to a specific page. For example, if you personalize the website pages, or register with Linked Sites or services, a cookie helps the Website to recall your behavioral information on subsequent visits. When you return to the Website, your behavioral information from your previous visits can be retrieved, so the Website and its features can be customized based on your data.
5. Information collected by the government
You acknowledge that, pursuant to Republic Act No. 10175, or the Cybercrime Prevention Act of 2015 (the “Cybercrime Law”), law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.
Pursuant to the Cybercrime Law, the integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.
1. Performance of services
The information gathered by ABS-CBN about you is used to operate the Website and deliver the services you have requested.
2. Behavior Tracking for Customer Customization
ABS-CBN keeps track of your surfing and browsing of the Website and its Linked Sites, essentially logging information about the sections and web pages that you visit and the actions you take. ABS-CBN monitors these connections in order to determine what ABS-CBN services are most popular and use this data to deliver customized content and advertising within the Website to customers whose behavior indicates that they are interested in a particular subject area. Generally, ABS-CBN monitors your browsing behavior to give you – the customer - the most efficient service and the most satisfactory experience that ABS-CBN can provide.
If you do not wish ABS-CBN to track your behavior in our Website, your option is limited to closing the Website.
3. Marketing, Promotions and Surveys
ABS-CBN also uses your personal data to inform you of other products or services available from ABS-CBN, its affiliates, subsidiaries and external business partners. Thus, ABS-CBN may contact you for any or all of the purposes below:
(a) to market, promote and advertise our products, services, events, initiatives and activities;
(b) to customize our advertising, promotional and marketing activities;
(c) to conduct research, survey and perform statistical analyses of user behavior in order to measure relative consumer interest on our various products, services and activities; and
(d) to promote and manage our customer loyalty program(s).
From time to time, ABS-CBN may also contact you to participate in surveys on your opinion of current services or of potential new services that may be offered by ABS-CBN, its affiliates, subsidiaries or partners. Your participation in the survey is optional and not a condition for the continued use or access to the Website.
4. Aggregated Data and Analytics
ABS-CBN may also use collected data to create aggregated anonymous data and to use and share such data with its affiliates, subsidiaries, external business partners and Trusted Contractors (as defined below), for research, analysis and evaluation to improve ABS-CBN’s performance and delivery of services. ABS-CBN shall make commercially reasonable efforts to remove or obscure your personally identifiable information that are used for aggregated and analytics purposes.
1. Cross-Promotions with ABS-CBN Affiliates, Subsidiaries, and External Business Partners
ABS-CBN may, from time to time, contact you on behalf of its affiliates, subsidiaries and external business partners about a particular offering that may be of interest to you. In these cases, your unique personally identifiable information is not transferred to the affiliate, subsidiary or external business partners.
2. Services of Trusted Contractors engaged by ABS-CBN
ABS-CBN has contracted and may further contract trusted third party service providers to perform certain activities on behalf of ABS-CBN, to help ABS-CBN in delivering the services to you, or to help ABS-CBN in performing statistical analysis, sending you email or postal mail, providing customer support or arrangement for deliveries (“Trusted Contractors”). These Trusted Contractors may have access to, process, record, use, store, retain, or destroy, your personal data for the purposes stated in this Privacy Notice. All such Trusted Contractors are prohibited from using your personal data except to provide these services to ABS-CBN, and are required to keep and maintain the confidentiality of your data. ABS-CBN shall be responsible to you for safeguarding your personal information, unless you have entered into an agreement with such Trusted Contractor that would directly allow them to use and disclose your personally identifiable information.
Please note that ABS-CBN shall never sell, rent or lease its customer lists to third parties.
Nonetheless, ABS-CBN does not disclose sensitive personal information without your explicit consent.
4. Community Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Community Services"). ABS-CBN has no obligation to monitor the Community Services. You agree to use the Community Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree to be responsible for any personally identifiable information or personally sensitive data that you disclose through the Community Services, which may be collected and used by any third party.
5. Integration with social networks
You may choose to share information between your Account and your social network accounts (such as Facebook, YouTube, Instagram, Twitter). Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Website. Similarly, you may choose to have personal information and other content about you available from ABS-CBN, including your location and route information, transmitted to and shared through your social network account if you choose to share this information.
When you connect to the social network account through the Website for the first time or otherwise make the Website interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Website. ABS-CBN collects your information from your social networks account only in accordance with your privacy settings you have set up under your social networks accounts. Accordingly ABS-CBN only collects such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information you make publicly available via the applicable social network and/or other information you authorize us to access by authorizing the social network to provide such information) subject to the privacy settings that you have set in such social network accounts. You understand that the Website may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) the information in your social network accounts so that it is available on and through your Account with ABS-CBN.
By setting your Account to integrate with social networks including by signing onto ABS-CBN through your social network accounts, you agree to share information (including personally identifiable information) between ABS-CBN and these social networks, for the purposes provided under this Privacy Notice and such social networks’ privacy notice.
The social network's use of information made available by ABS-CBN is governed by that social network's privacy notice and controlled by the social network, not by this Privacy Notice or ABS-CBN.
Please note that certain information which you have defined as private on your third party social network accounts may become public to other ABS-CBN users through the Website if you have defined such information to be public on the Website.
Your personal data are stored in ABS-CBN corporate database and systems located in its principal office, or in corporate subscribed cloud storage, or data storage facilities, such as servers, located in Philippines and the United States of America. The database is controlled and can be accessed electronically only by select administrative staff of ABS-CBN or its duly authorized Trusted Contractors.
2. Security Measures
ABS-CBN implements reasonable and appropriate organizational, physical, and technical security measures to protect any data, such as personal information, meta-data or otherwise, that ABS-CBN collects from you.
These security measures aim to maintain the confidentiality, integrity and availability of your personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing. ABS-CBN uses commercially reasonable methods, technology and tools to secure your personal data from unauthorized access, use or disclosure. ABS-CBN secures the personally identifiable information you provide in the Website in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal data (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
ABS-CBN also has stringent protocols, policies and procedure for the collection, processing, and storage of personal data, including but not limited to ensuring that office spaces and work station shall provide privacy to anyone processing your personal data, encrypting your personal data during storage and while in process, restricted access protocols, authentication procedures and regular scanning, testing and upgrading of its security measures against data breaches
3. No Liability for Other Users’ Conduct
ABS-CBN takes great measures to provide you with the best experience you can have while using the Website. However, ABS-CBN has no control over the conduct of any user, and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.
Participating in any user's activities as a result, directly or indirectly, from using the Website, is entirely at your own risk. ABS-CBN is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulation or any other duty. ABS-CBN does not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Website or the use thereof.
ABS-CBN will retain your personal data for the duration it deems necessary for its reasonable business needs to ensure full delivery and performance of the services you require or for as long as necessary to fulfil the purposes ABS-CBN collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, or for complying with any applicable law, regulation, legal process or governmental requests.
To determine the appropriate retention period for personal data, ABS-CBN shall consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which ABS-CBN process your personal data and whether ABS-CBN can achieve those purposes through other means, and the applicable legal requirements.
Thereafter, your personal data may be anonymized or destroyed. When anonymized for research or statistical purposes, your personal data will and can no longer be associated with you, in which case ABS-CBN may use this information indefinitely without further notice to you. ABS-CBN may at all times review, retain and disclose any other information as ABS-CBN deems necessary to satisfy any applicable law, regulation, legal process or governmental request and ABS-CBN's needs and necessities. By doing so, ABS-CBN does not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such communications.
A. Rights to your Personal Data
ABS-CBN recognizes and adheres to your rights to your personal data as provided under relevant data privacy laws. At any time you may deem necessary or convenient, you may correct, edit, modify or update the personal information or sensitive personal information that you provided in the Website.
Further, you have the right to:
(a) access, retrieve, copy, and otherwise be informed about your personal data that was processed, manner by which such data were processed, date when your personal data was last accessed and modified;
(b) dispute the inaccuracy in your personal data;
(c) suspend, withdraw, or order the blocking, removal, or destruction of your personal data from ABS-CBN’s system;
(d) be indemnified for any damages you may have sustained due to such inaccurate, incomplete, false, unlawfully obtained or unauthorized use of your personal data attributable to ABS-CBN fault or negligence; and/or
(e) object to the processing of your personal data, including processing for direct marketing, automated processing or profiling.
Should you wish to exercise any of the foregoing rights, please contact us, by sending an email to [email protected] ABS-CBN shall endeavor to reply to or otherwise act on your concerns without undue delay and in any event within one (1) month from our receipt of your email. That period may be extended by a further period of two (2) months where necessary, taking into account the complexity and number of requests. ABS-CBN will inform you of any such extension within one (1) month of receipt of your email, together with the reason for the delay.
B. Changes to this Privacy Notice
ABS-CBN may amend this Privacy Notice at any time in its sole discretion. Any amendments or modifications to this Privacy Notice may be effected by ABS-CBN through announcements made through the Website and/or written notice, advice or material sent to you.
C. Contact Information
ABS-CBN welcomes your comments, questions and suggestions regarding this Privacy Notice. You may contact ABS-CBN.com at [email protected] ABS-CBN will use commercially reasonable efforts to promptly reply to your comments and/or questions.
D. Opting out
At all times you may de-register or cancel your Account or uninstall the Website, by using the Website's uninstall option, or by using the programs removal feature of your operating system. Following the uninstallation process, ABS-CBN will not be able to collect any further location based information from you, or provide you with location based information about sites, shops and other places and attractions in your close vicinity.
In some circumstances, you can ask us to delete your personal data. If you wish to remove personally identifying details from ABS-CBN's servers, please contact [email protected] for the facilitation of the request.
By creating a Kapamilya Account, you become an automatic member of the Kapamilya Thank You (KTNX) Program, the customer loyalty program of ABS-CBN. As a member of KTNX, you will earn points that may be exchanged for products and services of ABS-CBN and/or Redemption Partners. You may also receive exclusive gifts, rewards and privileges from ABS-CBN, such as free tickets to shows/ events, free services, and meet and greet with Kapamilya Stars.
For more information on KTNX, you may click this link: thankyou.abs-cbn.com
To deactivate KTNX, please visit thankyou.abs-cbn.com > My Loyalty Profile > Deactivate/
ABS-CBN may amend the Terms at any time in its sole discretion. ABS-CBN shall notify you of any amendment to the Terms, and you understand and agree that your express consent to the amended Terms is a precondition to your access of, or to your activity within, the Website. ABS-CBN shall likewise post the amended Terms in the Website. Your use of the Website after the effective date of any amendments to these Terms likewise constitutes your agreement to comply and be bound by such amendments, including but not limited to the charges associated with the use of the Website, if any. You agree to check the Terms periodically so you will be familiar with their content as amended or modified from time to time.
If you do not indicate your express consent to the Terms as amended, ABS-CBN has the right to restrict your access, or any activity within the Website. If you have any questions regarding these Terms, please contact us through our email: [email protected]
Other than the web pages or websites operated by ABS-CBN which may be linked to the Website, the Website may contain links to other websites operated by third parties (collectively, the "Linked Sites"). The Linked Sites are not under the control of ABS-CBN and ABS-CBN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABS-CBN is not responsible for webcasting or any other form of transmission received from any Linked Site. ABS-CBN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABS-CBN of the site or any association with its operators.
In order to access the Website, you will be required to create, register and maintain an account (the “Account”). By registration, you may be required to submit your personal information. To login to the Website, you must use your Account by providing the username and password that you have selected.
ABS-CBN may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Website or for accessing certain features or designated sections of the Website. Your log-in details are under your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your details to someone else. You must maintain your log-in details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six (6) months.
The Account you provide during registration will be used to identify you when you use the Website, or other websites or digital properties owned by ABS-CBN. You may not use the Account of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which ABS-CBN deems in its discretion to be vulgar or otherwise offensive. You have sole liability for all activities conducted through your Account.
You must provide full, accurate and truthful information. Providing wrongful or erroneous information might prevent you from using the Website and might impede ABS-CBN's ability to contact you.
The information you provide during registration will be kept by ABS-CBN and will not be used in any manner inconsistent with the Terms herein. However, your Account name may be disclosed and visible to other users of the Website when you submit an update or when you use the chat feature of the Website, should there be any.
You also acknowledge and agree to the following rights of ABS-CBN, exercisable at its absolute discretion:
You acknowledge that : (i) by using the Website, you will have access to, among others, software, graphics, news, publications, articles, photographs, sound effects, music, animation-style video and text (collectively, the “Content”); (ii) the Content may be provided under license by independent content providers, including content contributions from members of said independent content providers (all such independent content providers shall collectively be referred as the “Content Providers”); and (iii) that ABS-CBN and the Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with the use of the Website and for its intended purpose only. You agree that ABS-CBN has the right, but not the obligation, to remove any Content at any time for any reason including those it deems to be harmful, offensive, or otherwise in violation of these Terms. You acknowledge that you do not have the right to copy, create, publish, distribute, create derivative works from or use any Content except as expressly permitted under these Terms or by ABS-CBN.
As a condition of your use of the Website, you warrant to ABS-CBN that you will not use the Website, the Content, or any of its components, for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Website or the Content in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or the Content. You may not sell or auction any accounts, characters, items or copyrighted material in or from the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
There are certain conducts which are strictly prohibited on the Website and the Content. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result herein (at ABS-CBN's sole discretion) in the termination of your access to the Website and the Content and may also expose you to civil and/or criminal liability.
You shall not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content or the Website, in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without ABS-CBN’s prior written consent; (iii) create a browser or border environment around the Content (no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personally identifiable information about visitors or users of the Website and/or the Content without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Website and/or the Content any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Website and/or the Content, or the servers or networks that host the Website and/or the Content or make the Website and/or Content available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Website; (ix) frame or mirror any part of the Website and/or the Content without ABS-CBN’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Website; (xi) forward any data generated from the Website and/or the Content without the prior written consent of ABS-CBN; (xii) transfer or assign your accounts' password, even temporarily, to a third party; (xiii) use the Website and/or the Content for any illegal, immoral or unauthorized purpose; (xiv) use the Content, the Website, and/or for non-personal or commercial purposes without ABS-CBN’s express prior written consent; or (xv) infringe or violate any of these Terms.
You shall not commit any of the Cybercrime Offenses in the Cybercrime Prevention Act of 2012, including, but not limited to, illegal access, illegal interception, data interference, system interference, misuse of devices, cyber-squatting, computer-related forgery, computer-related fraud, computer-related identity theft, cyber-sex, child pornography, unsolicited commercial communications, libel, etc. You understand that a prosecution under the Cybercrime Prevention Act of 2012 shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
While ABS-CBN 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. ABS-CBN 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. ABS-CBN does not as a matter of notice 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 warrants that you have secured the necessary consent and advice from your parents and/or guardian to avail or use the Website.
ABS-CBN reserves the right to interrupt use and 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 the control of ABS-CBN, and ABS-CBN cannot guarantee that you will be able to access the Website whenever you may wish to do so. ABS-CBN 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.
ABS-CBN does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ABS-CBN, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ABS-CBN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ABS-CBN's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to defend, indemnify and hold harmless ABS-CBN, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from your breach or violation of any of the representations, warranties, or conditions of these Terms.
ABS-CBN may terminate your access to the Website (including your Account) immediately and without notice under the following circumstances:
Subject to the limitations on liability of ABS-CBN, should you desire to file any cause of action against ABS-CBN, arising out of or related to the Website, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
All contents of the Website are: [indicate Website copyright/trademark notice]. All Rights Reserved.
All intellectual property rights in and to the Website and its database, including copyrights, trademarks, industrial designs, patents and trade secrets are either exclusive property of ABS-CBN or exclusively licensed to ABS-CBN.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Website, in any manner or means without the prior written consent of ABS-CBN, is strictly forbidden. The Website, its design and logo, and other trade and/or service marks are property of ABS-CBN and may not be used in any of the aforementioned means.
ABS-CBN may protect the Website by technological means intended to prevent unauthorized use of the Website. You undertake not to circumvent these means. Without derogating ABS-CBN's rights under these Terms or under any applicable law, infringement of the rights in and to the Website will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Website, and within your obligations to ABS-CBN, you undertake to do so.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Failure or omission on the part of ABS-CBN to avail of or enforce any term or condition provided herein or by law shall not be deemed a waiver of ABS-CBN’s right to enforce the same, or to avail of the remedies provided for by law, nor absolve you from liability for your obligations to ABS-CBN, and no novation of any of the terms and conditions herein shall be effective against ABS-CBN unless the same is made in writing by ABS-CBN.
To the maximum extent permitted by law, these Terms is governed by the laws of the Philippines. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines, without applying any conflicts of law principle which would require application of the law of any other jurisdiction, in all disputes arising out of or relating to the use of the Website. ABS-CBN's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ABS-CBN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by ABS-CBN with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and ABS-CBN with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABS-CBN with respect to the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
These Terms and the use of the Website, including uploading any data and contents by you onto the Website including ABS-CBN's databases and data 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 the parties hereto. 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.