TERMS AND CONDITIONS OF SUBSCRIPTION AND/OR USE
TFC Online also allows subscribers to comment, rate and use other interactivity tools. Users may also submit user generated content using the tools provided by TFC (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.
We may update the Terms from time to time without prior notice and your continued subscription and use of TFC Online constitute your acceptance of the Terms, and any amendment or updates thereto. Unless otherwise specified, any new feature/s of TFC shall be subject to the current Terms. Current versions, including recent updates, will be available for review on the TFC website.
The Terms that are applicable will depend on the country which you indicate as your residence. Further, additional terms may also apply based on the country where you are using or accessing the Service. It is your responsibility to review and to comply with all of the applicable Terms.
PASSWORD AND ACCOUNT SECURITY
You agree to keep your username and password confidential. You assume full responsibility for all activities under your TFC Online account. We will presume that you have performed all activities under your TFC Online account and such activities are valid, unless you advise us otherwise. You also agree to inform us of any unauthorized use of your TFC account by going to the Help Center. 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, the ABS-CBN Group and 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 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 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.
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 Online, we may ask for your personal information such as your name, email address, mobile number, city, state, country, birthdate and preferred salutation, 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 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 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 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 agents of ABS-CBN or the ABS-CBN Group, including our service providers, to collect personal information that may be used to contact, identify or locate you. This may be done using device fingerprinting, a technique used to gather information about a particular device, in order to capture the following: browser version, operating system, items installed (plugins/fonts etc.) and location and time zone settings. You also authorize our service providers to collect information, which may be personal information, that may include your IP address, device type, browser type, your device’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 questions or if you prefer that we refrain from or limit the use of your personal information, please advise us by going to the Help Center 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 firstname.lastname@example.org.
You have the option to purchase One-Time Retail Products (“TFC Retail Product”) and/or Subscription Plans (“TFC Subscription Product”) on TFC Online, if available in your territory (“TFC Product/s”).
By purchasing a TFC Retail Product, you shall be granted access to the content or programs included within, and for the limited period specified for, the plan/s that you select.
By availing of or purchasing a TFC Subscription Product, you shall be granted access to the content or programs that are part of the subscription plan you have subscribed to.
ABS-CBN reserves the right to add, withdraw, replace or change the programs or other content that are part of TFC Products, the schedule at which they may be viewed, and the manner in which they are delivered. ABS-CBN shall not be liable for changes in the programs or other content included in the TFC Products or any possible loss that may arise from such changes.
You may access the content where we have offered the service and where we have the license to broadcast such content. The content that may be available to watch will vary by geographic location and will change from time to time. We may give you the option to select content which will be part of your personal playlist.
TFC Online may update the list of available content for TFC Products. Furthermore, some content is available for temporary download and offline (“Offline Content”) viewing for 30 days via the TFC Online App installed on your device. There may be limitations and restrictions in watching Offline Content including on the number of titles that you can download, the maximum number of devices that can store the Offline Content and the period of time when the Offline Content can be accessed from the device.
The streaming and quality of content available on TFC Online may vary due to different factors such as type of device, location, internet speed/bandwidth, and the type the selected content (high definition etc). Please check TFC Online’s FAQ for the recommended internet connection speed. You are responsible for internet charges.
Your subscription to TFC Product is not transferrable.
We reserve the right at any time to modify, suspend, discontinue or terminate, temporarily or permanently your TFC Online account. A notice advising you of the modification, suspension or termination of your TFC account will be sent to your registered email address. In case of suspension of your TFC Online account, your subscription expiry date may be adjusted upon re-activation of your subscription depending on the reason of the suspension. In case of termination of your TFC Online 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 Online account.
There are subscription plans, program or content that may require payment of fees before you can access them. You may begin viewing these programs and content or access the subscription pages once payment of the required fees in accordance with your chosen TFC Online Product/s has been confirmed by our system. Payment for subscription to TFC Online Product/s are payable in advance. You may pay for your chosen TFC Online Product/s directly by using your credit card, by using your PayPal account, by purchasing and loading pre-paid cards/electronic pins/vouchers or by using your account with other payment methods that we may support in your territory.
- Credit Cards – You may use any major credit card to pay for your chosen TFC Product/s provided credit card payment is available in your territory.
- PayPal Account – By using your PayPal account, your credit card and/or bank account enrolled with Pay-pal will be charged for the payment of your chosen TFC Product/s.
- Pre-paid cards/ Electronic Pins/Vouchers - The pre-paid card/electronic pins/vouchers may be purchased from ABS-CBN Offices and authorized TFC Online distributors and dealers.
- Other Payment Methods Account – We may support other payment methods in your territory.
For more information about what payment methods we are supporting in your territory, please see our checkout page or contact customer email@example.com or visit Help Center .
The TFC Online Product/s that you purchased on Roku, Apple iTunes or Google Play Store will be charged to your Roku, Apple iTunes or Google Play Store account at the confirmation of purchase.
AUTOMATIC PAYMENT AUTHORIZATION
By selecting credit card, PayPal account or other modes of payment other than pre-paid card/ electronic pins/vouchers as mode of payment, YOU AUTHORIZE US TO BILL YOU FOR YOUR TFC SUBSCRIPTION PRODUCT ON A RECURRING BASIS FOR THE SAME SUBSCRIPTION PERIOD AND CHARGE THE SAME AMOUNT OF THE SUBSCRIPTION FEE TO THE SAME CREDIT CARD, PAY PAL ACCOUNT OR YOUR ACCOUNT WITH OTHER MODES OF PAYMENT THAT YOU USED TO PAY FOR YOUR SUBSCRIPTION, (“Automatic Payment”) UNLESS YOU CANCEL YOUR SUBSCRIPTION. PLEASE SEE CANCELLATION OF AUTOMATIC PAYMENT BELOW. We shall send an email to your registered email address to confirm that your credit card, PayPal account or account with other modes of payment will be subject to Automatic Payment.
CANCELLATION OF AUTOMATIC PAYMENT
You may cancel Automatic Payment by visiting the My Products Tab on your My TFC Account Page and clicking the EDIT link to disable the subscription to Automatic Payment at least three (3) days prior to the last day of your existing subscription. If you cancel your Automatic Payment less than 3 days prior to the last day of your existing subscription, your subscription shall be renewed.
When you cancel Automatic Payment, you will continue to have access to your paid subscription until the end of your current subscription period. Thereafter, you will have access to content on TFC Online under the free subscription plan.
To the extent permitted by law, we do not provide refunds or credits for the balance or remainder of your current subscription period when you cancel your Automatic Payment. However, there may be instances in which ABS-CBN may give proportionate refund at its sole discretion.
For TFC Subscription Products purchased on Roku, Apple iTunes or Google Play Store, you may opt-out or cancel Automatic Payment by going to your Roku, Apple iTunes or Google Play Store Account Settings and turning off automatic renewal or automatic payment option at least 24 hours prior to the last day of your existing subscription. For more details, please visit the Help Center.
Cancellation of Automatic Payment may also be referred to as Cancellation of Subscription.
US SANCTIONS AND EXPORT POLICY
You warrant that you are accessing TFC Online from a territory not included in the list of territories sanctioned by US Embargo and Sanction Laws. You are not allowed to use the Service if you are subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
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 Online mark, TFC Online logo, ABS-CBN logo and other marks and logos related to TFC Online 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 ONLINE PROGRAMS AND CONTENT
You may only access the Service and view TFC Online Products personally and for a non-commercial purpose (“Right to Use”). You further acknowledge that the Service and TFC Online Products are the sole exclusive property of ABS-CBN, the ABS-CBN Group and/or its Subsidiaries and Affiliates. The Service and TFC Online 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 Online 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 TFC Online engages in a successful intellectual property enforcement action due to your unauthorized action resulting to loss, theft, pirating, copying, and/or unauthorized duplication of any programs, TFC Online will be entitled to recover from you the reasonable fees, costs, and expenses incurred in so enforcing its intellectual property.
If you become aware of any infringement of any copyright or trademark in the Service or any of the TFC Online Products, you agree to immediately notify ABS-CBN and you shall cooperate with ABS-CBN in taking such actions as ABS-CBN may designate in order to stop such piracy.
If you access any TFC Online 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 Online 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 or post (collectively, "Post") reviews and comments that are directly relevant to TFC Online. By publishing, transmitting, submitting or posting the Posts, you hereby grant ABS-CBN, its subsidiaries and affiliates, an absolute, irrevocable, royalty-free and non-exclusive right to use your Posts in any and all media worldwide to market, promote and advertise its products and services. You also grant ABS-CBN the right to attribute to you the Posts you published, transmitted, submitted or posted.
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 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 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.
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 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 Online.
By Posting a Material on TFC Online, 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 Online. You also hereby grant ABS-CBN, its subsidiaries and affiliates, an absolute, unencumbered, perpetual, irrevocable, worldwide, royalty-free and non-exclusive 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 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 Online. 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 Online. 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 Online 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, you may be exposed to Material made available by other subscribers or users that you may find offensive, indecent or objectionable. In such case, please advise us of such Material by going to the Help Center page. However, you hereby expressly acknowledge and accept that certain Material may be posted or contained on TFC that may be in opposition to your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.
ADVERTISEMENTS AND LINKS
TFC Online provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings or any of these businesses. We are not responsible for examining or evaluating, to the extent permitted by law, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). You agree and acknowledge that ABS-CBN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties, and that you will pay for any damages, losses and costs (including attorney’s fees) awarded against or suffered by ABS-CBN or its Subsidiaries and Affiliates, in connection with your correspondence or dealings with third parties. You should carefully review their privacy statements and other conditions of use.
SOCIAL MEDIA SITES LINK
You have the option to connect your TFC Online 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 Online 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 Online account.
You may disconnect your TFC account from your Social Media Accounts by modifying your TFC account profile.
From time to time, we may conduct promotions and contests on or through TFC, which you may access (“Promotion”). 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.
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 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 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.
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 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
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, please visit the Help Center.
If you have any questions or comments, please go to the Help Center page.
Effective as of 19 July 2019.