Terms And Conditions - TFC.tv

TERMS AND CONDITIONS OF SUBSCRIPTION AND/OR USE

TFC.tv is an online content distribution service providing subscribers with audio-visual, audio, video and/or content streams of television shows, movies, music and other entertainment content, or clips or excerpts thereof, owned by or licensed to ABS-CBN Corporation, ABS-CBN Global Hungary Kft. (Luxembourg Branch) and their subsidiaries and affiliates ("the ABS-CBN Group" or the "Subsidiaries and Affiliates"). TFC.tv also allows subscribers to comment, rate, chat and use other interactivity tools. Users may also submit user generated content using the tools provided by TFC.tv. (collectively referred to as "Service").

These Terms and Conditions of Subscription and/or Use ("Terms") govern the relationship between ABS-CBN International ("ABS-CBN", "us" or "we") as service provider and you as subscriber and/or user. Any reference to "we," "us," or "our" in the Terms refer to ABS-CBN International. Any reference to "you" or "subscriber" or "user" refer to the person subscribing to or/and using TFC.tv.

We may update the Terms from time to time without prior notice and your continued subscription and use of TFC.tv constitute your acceptance of the Terms, and any amendment or updates thereto. Unless otherwise specified, any new feature/s of TFC.tv shall be subject to the current Terms. Current versions, including recent updates, will be available for review on the TFC.tv website. Should you wish to discontinue the use of the Service at any time, you may opt out by following the instructions contained on the TFC.tv website.

REGISTRATION

Upon the acceptance of your full and proper registration with TFC.tv, you may avail of or subscribe to any of the subscription packages, programs, movies, or pay per view services and other TFC.tv products and/or services (the "TFC.tv Product/s"). By registering to or using TFC.tv, you represent and warrant that you are of legal age and that you are capable of entering into and forming a binding contract with us. You also represent and warrant that you are not prohibited from availing the Service under the relevant laws of your country. You furthermore expressly warrant that you are entering into agreement for your personal use only.

You may register with TFC.tv by using your existing account with social networks that we support. You may also register with TFC.tv directly.

By using your existing social network to register with TFC.tv, you confirm that you have provided true, accurate and complete information about yourself in the social network you used. You also agree to update your information in the social network you used and to keep it true, accurate and complete. We have the right to suspend or terminate your account and/or to refuse future subscription if there is reasonable ground to believe that you have not provided true, accurate and complete information about yourself in the social network you used, or if you violate any of the Terms.

By registering with TFC.tv directly, you agree to provide us true, accurate, and complete information about yourself when you fill up the TFC.tv Account Information and to update your information to keep it true, accurate, and complete. We have the right to suspend or erminate your account and/or to refuse future subscription if there is reasonable ground to believe that you have not provided true, accurate and complete information about yourself in the TFC.tv Account Information or in the event of your violation of any of the Terms detailed herein. You hereby expressly acknowledge that the Service and Products arising hereof are exclusively provided by ABS-CBN and may be altered or discontinued at any time at its sole discretion and with no notice to you.

PASSWORD AND ACCOUNT SECURITY

You agree to keep your username and password confidential. You assume full responsibility for all activities under your TFC.tv account. We will presume that you have performed all activities under your TFC.tv account and such activities are valid, unless you advise us otherwise. You also agree to inform us of any unauthorized use of your TFC.tv account by going to the Help Center and Contact Us pages. In order to ensure that each account is being used by the registered intended user, your password may periodically be reset. In such event, you will be notified and required to update your account with a new password.

You agree to indemnify and hold ABS-CBN and its Subsidiaries and Affiliates, their directors, officers, shareholders, agents, employees, or other partners, free and harmless from and against and all claims, damages, liabilities, suits, costs and expenses, including attorney's fees, arising from the unauthorized use of your TFC.tv account and password. Additionally, you hereby acknowledge that, in the event of your willful and/or intentional misuse, misappropriate, abuse, or otherwise prohibited use of your TFC.tv account results in damage to any ABS-CBN property(s)/materials, you may be held liable for all applicable civil and/or criminal penalties arising out of or otherwise related thereto.

PRIVACY POLICY AND USE OF PERSONAL INFORMATION

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 exclusively by ABS-CBN, the ABS-CBN Group and Subsidiaries and Affiliates. We are committed to safeguarding your personal information and will use all good faith efforts to ensure that it is secure

When you register with TFC.tv, we ask for your personal information such as your name, email address, city, state, and country. We also collect information about your transactions with us, including how you use our products and services. We also record information from your computer hardware and browser, including your IP address, cookie information, software and hardware attributes.

We will not rent, sell, provide or share your personal information with other people or non-affiliated or non-related companies, except to trusted business partners and service providers. We will limit access to your personal information to 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 use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Your full and proper registration authorizes ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates the express right to use your disclosed personal information as detailed herein. We may use your personal information for the following purposes: a) to provide you the Service; b) to market, promote and advertise the products, services, events, initiatives and activities of ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates; c) to customize ABS-CBN's, the ABS-CBN Group'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 various products, services and activities of ABS-CBN and its Subsidiaries and Affiliates; f) to inform advertisers or sponsors 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 program/s; 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 Service is acquired by another company; k) to transfer, move, copy, record store and use your personal information outside the country where you are subscribed to the Service; l) to be used as a basis for displaying targeted advertisements in the TFC.tv 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 and to the ABS-CBN Group and Subsidiaries and Affiliates and that ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates may use your personal information for the foregoing purposes without further notice. You also agree to indemnify and hold ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates, their officers, agents, directors, stockholders and employees free and harmless from and against 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.

You also authorize our service provider to collect personal information that may be used to contract, identify or locate you. You also authorize our service provider to collect non-personal information that may include your IP address, browser type, your computer's operating system, what pages you view, what links you click, the amount of time you spend on certain pages and certain demographic information such as age and gender.

If you have any question 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.

The 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 customerserviceus@abs-cbni.com

PAYMENT

You may begin viewing our programs and content through TFC.tv once payment of the required fees for your chosen TFC.tv Product/s has been confirmed by our system. Payment for subscription to TFC.tv Product/s must be paid in advance.

You may pay for your chosen TFC.tv Product/s directly by using your credit card, PayPal account or E-Wallet (which may be loaded using our pre-paid cards available for purchase) or pre-paid cards. Payment by bank deposit is not allowed.

WISHLIST AND GIFTING

You may indicate the TFC.tv products you want to receive in your wishlist and you may also purchase for another TFC.tv subscriber any of the TFC.tv products in his wishlist under the following conditions:

In order to send a gift, you must be registered with TFC.tv and you must have any of the following: a.) You have enough credits in your TFC.tv E-wallet; b.) You have loaded a pre-paid card that matches the TFC.tv product you intend to give to recipient; c.) You have credit card and credit card payment is allowed in your region; or d.) You have a pay-pal account.

In order to receive a gift, you must be registered with TFC.tv. You will receive the gift in a few minutes after TFC.tv confirmed with the sender that the TFC.tv product has been purchased and sent to you as a gift.

The amount paid for the gifts cannot be refunded to the sender.

If the gift is the same as the existing subscription package that recipient has, the gift will be considered as an extension of the current subscription. Existing Premium subscribers cannot receive Lite subscriptions as gifts. Likewise, existing Lite subscribers cannot receive Premium subscriptions as gifts.

TFC.tv subscriptions cannot be sent as gifts to users who are in locations where the subscriptions are not available.

For more information about the wishlist and gifting, kindly visit the Help Center page.

SUBSCRIPTION

The following are the subscription packages and the relevant subscription periods:

Premium Package

Access to all of TFC's current programs and selected television classics, movies and sports programs.

Available subscription periods: ten (10) days, one (1) month, three (3) months, twelve (12) months

Lite Package
(May not be available in some territories)

Access to essential content from two line-ups of TFC's current programs

Available subscription periods: one (1) month, three (3) months

Movie Channel Package

Access to extensive on-line library of blockbuster and classic movie titles

Available subscription periods: one (1) month, three (3) months

You will cease to avail of the relevant subscription package upon expiration of the subscription period and non-renewal of your subscription thereto. You may renew your subscription at any time prior to or after the expiry date of your subscription. You may pay for the renewal of your subscription through your E-Wallet, pre-paid card, credit card or pay-pal account, if available in your territory.

You may also upgrade your Lite Subscription to Premium Subscription even before the expiration date of your Lite Subscription. In such case, the unconsumed days in your Lite Subscription will be converted into a pre-computed number of days that will be added to the period of your Premium Subscription. For more information on how to upgrade your subscription please visit our Help Center.

You are not allowed to downgrade your Premium Subscription Package to a Lite Subscription Package before the expiration date of the Premium Subscription Package.

Any request for cancellation of subscription package shall be subject to approval of ABS-CBN at its sole discretion. If ABS-CBN approves the cancellation of your subscription package, an amount equivalent to the number days remaining in your subscription package (reckoned from date of approval of cancellation by ABS-CBN) multiplied by the subscription package daily rate and shall be refunded to you by reloading the amount of the refund to your E-wallet, or by returning the amount of the refund to your credit card or pay-pal account, at ABS-CBN's sole discretion. You cannot request to cancel a subscription to a retail product.

You are allowed to upgrade but you cannot downgrade your current Subscription Package. Your Subscription Package is not transferrable.

We reserve the right at any time to modify, suspend, discontinue or terminate, temporarily or permanently your TFC.tv account. A notice advising you of the modification, suspension or termination of your TFC.tv account will be sent to your registered email address. In case of suspension of your TFC.tv account, your subscription expiry date will be adjusted upon re-activation of your subscription, based on the number of days that your subscription was suspended. In case of termination of your TFC.tv account, you will not be entitled to any refund. 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 TFC.tv account.

AUTOMATIC RENEWAL OF SUBSCRIPTION

If your mode of payment is credit card payment and you will subscribe to Premium, Lite or Movie Channel subscription packages , you have the option to automatically renew your subscription by visiting the credit card tab on the subscription pop-up box and ticking the box opposite Automatic Renewal ("Automatic Renewal").

If your mode of payment is PayPal payment and you will subscribe to Premium, Lite or Movie Channel subscription packages, you will be automatically enrolled to Automatic Renewal.

Under the Automatic Renewal, you agree that we shall automatically renew your subscription for the same subscription period and under the same terms and condition under your then current subscription and charge the subscription fee for the renewed subscription to the same credit card or PayPal account that you used to pay for your then current subscription. We shall send an email to your registered email address to notify that you have agreed to the automatic renewal of your subscription.

We shall continue to automatically renew your subscription at the end of the relevant subscription period and charge the subscription fee for the succeeding subscription to your Credit Card until and unless you cancel Automatic Renewal. You may cancel Automatic Renewal by visiting the Edit My Profile Page and untick/uncheck the box for Automatic Renewal. Your Automatic Renewal shall be cancelled within 24 hours.

In order to avoid renewal of your subscription, kindly cancel your Automatic Renewal at least 24 hours prior to the expiration of your current subscription.

MARKS AND LOGOS

You acknowledge that ABS-CBN, the ABS-CBN Group and/or its Subsidiaries and Affiliates owns and/or has the exclusive right to use TFC.tv mark, TFC logo, ABS-CBN logo and other marks and logos related to TFC.tv and the programs and content therein (collectively the "ABS-CBN marks"). You agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof.

TFC.tv PROGRAMS AND CONTENT

You may only access the Service and view TFC.tv Products personally and for a non-commercial purpose ("Right to Use"). You further acknowledge that the Service and TFC.tv Products are the sole exclusive property of ABS-CBN, the ABS-CBN Group and/or its Subsidiaries and Affiliates. The Service and TFC.tv Products are protected by copyrights, trademarks, service marks, patent or other proprietary rights and all applicable local, federal and international laws. Your subscription and Right to Use does not grant, convey or otherwise transfer any license, sublicense or ownership of any such Products. You agree not to sell/resell, digitally stream, broadcast or disseminate, modify, rent, lease, distribute or create derivative works based on TFC.tv products or retain any copy/duplicate of any Products subsequent to the termination of your subscription, in whole or in part, absent the prior express written authorization of ABS-CBN. The Right to Use is expressly limited to each properly registered and subscribed user only and may not be assigned or transferred to any third party.

If you access any TFC.tv Product with adult or mature content, you represent that you are of legal age of majority in the applicable jurisdiction to access and view adult or mature content. You further warrant that you shall be responsible for ensuring that all persons viewing or accessing such the TFC.tv Products under your Right of Use and subscription will be of legal age as well.

USER CONTRIBUTIONS, REVIEWS AND COMMENTS

You may publish, transmit, submit, tag or post (collectively, "Post") reviews and comments that are directly relevant to TFC.tv. You may also chat or send electronic communications (collectively, "Chat") to other TFC.TV users. Posts will be deemed user contributed materials and shall be subject to the policies regarding User Posted Material detailed hereof.

You agree not to Post, Chat or otherwise make available any of the following: 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. Violation of the foregoing will result in the immediate suspension or termination of your account. Additionally, in the event of any injuries or damages resulting from such violation to either ABS-CBN, its affiliates or other registered third party TFC.TV users, you may be subject to all applicable civil and/or criminal penalties.

You further agree not to collect, share or store personal data about other subscribers or users. You also agree not to claim the identity of or misrepresent another person.

You understand and agree that ABS-CBN will store the materials or communication subject of your Posts or Chats on its servers. Such materials will be subject to the Privacy Policy detailed hereinabove or as posted on the TFC.tv website.

USER POSTED MATERIAL

You understand and agree that all information, data files, written text, Post(s) or other images (collectively "Material"), which are made available by registered subscriber/s or users, past and present, through TFC.tv are the sole responsibility of the person where such Material came from.

ABS-CBN does not endorse any Material posted by the subscribers and/or 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 subscriber or user on TFC.tv.

By Posting a Material on TFC.tv, you represent and warrant that you own the Material posted or that you have obtained permission from the rightful owner of the Material to Post, use or display it on TFC.tv. You also represent and warrant that the Posting of the Material does 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 employees, directors, shareholders, officers, agents, or representatives, 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 Post on TFC.tv. You also grant ABS-CBN and its Subsidiaries and Affiliates a perpetual, irrevocable, worldwide, royalty-free, 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 TFC.tv. or any platforms or channels or ABS-CBN, its Subsidiaries and Affiliates.

We reserve the right, but shall have no obligation, to pre-screen, review, edit, modify, flag, refuse or remove any Material you Post or make available in TFC.tv 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 TFC.tv, you may be exposed to Material made available by other users 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 TFC.TV that may be in opposition to your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.

ADVERTISEMENTS AND LINKS

TFC.TV may show advertisements and communications from ABS-CBN, and its Subsidiaries and Affiliates. Unless otherwise specified, no advertisement, communication orinformation shall be deemed as a binding offer from ABS-CBN, or its Subsidiaries and Affil iates. 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.

TFC.tv may also show advertisements and communications from advertisers other than ABS-CBN ("Other Advertisers"). You agree that your correspondence or dealings with the Other Advertisers are solely between you and the Other Advertisers. You agree and acknowledge that ABS-CBN shall not be liable for, and that you shall hold ABS-CBN and its Subsidiaries free and harmless from, any loss, claim, suit, proceedings or damage in connection with your correspondence or dealings with the Other Advertisers.

TFC.tv may also provide links to other internet sites. You agree and acknowledge that ABS-CBN shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any content, goods or services available in other internet sites. No warranty, implied or express, is offered by ABS-CBN or its affiliates as to any goods or services provided by its advertisers.

SOCIAL MEDIA SITES LINK

You have the option to connect your TFC.tv account to your Facebook, Twitter or other social media account (collectively "Social Media Accounts"). In case you select this option, all of your activities in your TFC.tv account will be posted automatically to your Social Media Accounts. Please note that only one account for each type of social media can be connected to your TFC.tv account.

We encourage you to review your Social Media Accounts' Privacy Settings and Privacy Policy so that you can understand how Facebook, Twitter and other social media collect, use and share your information. We are not responsible for the information used, collected or shared by Facebook, Twitter and other social media.

You may disconnect your TFC.tv account from your Social Media Accounts by modifying your TFC.tv account profile.

DISCLAIMER

We disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. You agree and acknowledge that we shall have absolutely no liability in connection with the provision of the Service or your subscription to the TFC.tv Product/s including, but not limited to, any liability for damage to your computer hardware, data, information, materials and business resulting from your use of the Service.

Insofar as Social Media Accounts are dependent upon the third party social media website(s) and application(s) companies, ABS-CBN and its affiliates make no warranty, express or implied, as to the compatibility, integration and/or functional compatibility of your TFC.tv 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 Service or that the Service will be uninterrupted or error free or that any defects in the Service can be corrected. You agree and acknowledge that we shall not 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 have been advised of the possibility of such damages), resulting from: (1) your use or your inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; or (iii) any other matter relating to the Service.

INDEMNITY

You agree to indemnify and hold ABS-CBN, its Subsidiaries and Affiliates and their directors, officers, agents, or other partners, and employees, free and harmless from and against and all claims, damages, liabilities, costs and expenses, including attorney's fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your subscription to the TFC.tv Product/s, your use of the facilities of the Service, your violation of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws

MISCELLANEOUS

The Laws of California shall govern these Terms and our relationship as service provider and subscriber 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 of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms 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.

For more information on the system requirements of TFC.tv, please visit the Help Center.

If you have any questions or comments, please go to the Help Center page or to the Contact Us page.

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