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1. ACCEPTANCE OF TERMS
TFCnow’s service, as defined hereunder, is subject to the
following Terms of Service ("TOS"). TFCnow may also post guidelines
or rules applicable to the Service and said guidelines or
rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TFCnow is an online media streaming service which affordably
connects Filipinos worldwide to the best news and entertainment
content from ABS-CBN, the Philippines' largest media network.
There are different types of packages under the TFCnow service.
For a Premium Edition Package subscription of $12.95 per month,
subscribers get unlimited access to on-demand content of 50+
news and entertainment shows, movie and sports features, complete
archives, cinema classics, teleserye hits, TV specials and
live streams of the ABS-CBN News Channel (ANC), DZMM, DWRR,
and DWRR Teleradyo all at 700kbps.
For a Movie Channel package subscription of $7.95 per month, subscribers get access to countless films, from classic movies to blockbuster hits, at near DVD quality with our 700kbps streams. Subscribers can also access the exclusive movie reviews and send in their own film ratings.
The foregoing shall hereinafter be known as the "Services".
TFCnow reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. TFCnow shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
3. OBLIGATIONS
In consideration of the use of the Service,
you agree to pay the Premium Edition Package subscription fee of $12.95 for monthly, $32.40 for quarterly, $64.75 for semi-annual, and $129.50 for annual; or a Movie Channel Package subscription fee of US$7.95 a month or
the following subscription fees: US$19.95 for quarterly, US$39.75
for semi-annual, and US$79.50 for annual. The said
fees are non-refundable.
You shall be responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet Service provider or airtime
charges). You shall be responsible for those fees, including those fees
associated with the display or delivery of advertisements.
You also hereby represent that you are of legal age to form
and execute a binding contract and are not a person barred
from receiving the Services under the laws of the Philippines
or other applicable jurisdiction. You also agree to: (a) provide
true and accurate information about yourself as required by
the Service's registration form; and (b) regularly update
said information to maintain it as true and accurate. If you
provide any information that is untrue or inaccurate, TFCnow
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof). Please be aware that TFCnow may have certain areas
on the Service that contain adult or mature content. You must
be at least 18 years of age to access and view such areas.
You shall not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
4. ACCOUNT SECURITY
You shall be responsible for maintaining the confidentiality
of your password and account, and for all activities that
occur under your password or account in connection with the
Service. You shall immediately notify TFCnow of any unauthorized
use of your password or account or any other breach of security.
TFCnow will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
The Services are provided "AS IS", without warranties of
any kind. TFCnow expressly disclaims any representations and
warranties, including without limitation, the implied warranties
of merchantability and fitness for a particular purpose. TFCnow
shall have absolutely no liability in connection with the
Services including without limitation, any liability for damage
to your computer hardware, data, information, materials and
business resulting from the use of the Service. TFCnow makes
no warranty, representation or guaranty as to the content,
sequence, accuracy, timeliness or completeness of the Service.
TFCnow makes no warranty, representation or guaranty that
the Service will be uninterrupted or error free or that any
defects can be corrected.
TFCnow shall not be liable to you for any direct, indirect,
incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if TFCnow has been
advised of the possibility of such damages), resulting from:
(i) the use or the 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.
6. INDEMNITY
You agree to indemnify and hold TFCnow, and its subsidiaries,
affiliates, officers, agents, or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
7. TERMINATION
TFCnow may, without prior notice, immediately terminate your
TFCnow account and access to the Service on any of, but not
limited to, the following grounds:
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breaches or violations of the TOS or other incorporated agreements or
guidelines;
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requests and/or orders by law enforcement or other government agencies;
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a request by you (self-initiated account deletions);
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discontinuance or material modification to the Service (or any part thereof);
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unexpected technical or security issues or problems.
8. ADVERTISERS/LINKS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or Services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. TFCnow shall not be responsible or liable
for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on the Service.
The Service may also provide links to other internet sites.
TFCnow shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any content, goods
or cervices available on or through any such site.
9. INTELLECTUAL PROPERTY RIGHTS
ABS-CBN, TFCnow, TFCnow logo, trademarks, service marks
and other TFCnow logos and product and service names are trademarks
of ABS-CBN Broadcasting Corporation (the "ABS-CBN Marks").
Without ABS-CBN’s prior permission, you agree not to display
or use in any manner, the ABS-CBN Marks.
You further acknowledge that the Service and its contents
are protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by TFCnow or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the Service.
10. PRIVACY POLICY
TFCnow collects personal information when you register with
TFCnow, when you use TFCnow products or services and when
you visit TFCnow pages or the pages of certain TFCnow partners.
TFCnow may use the information for the following general purposes:
to customize the advertising and content you see, fulfill
your requests for products and services, improve our services,
contact you, conduct research, and provide anonymous reporting
for internal and external clients.
TFCnow may also disclose the information on any of, but not
limited to, the following instances:
- We provide the information to trusted partners who work
on behalf of or with TFCnow under confidentiality agreements.
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We respond to subpoenas, court orders, or legal process, or to establish or
exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order
to investigate, prevent, or take action regarding illegal
activities, suspected fraud, situations involving potential
threats to the physical safety of any person, violations
of TFCnow’s TOS, or as otherwise required by law.
- We transfer information about you if TFCnow is acquired
by or merged with another company.
- TFCnow displays targeted advertisements based on personal
information. Advertisers (including ad serving companies)
may assume that people who interact with, view, or click
on targeted ads meet the targeting criteria - for example,
women ages 18-24 from a particular geographic area.
- TFCnow does not provide any personal information to the
advertiser when you interact with or view a targeted ad.
However, by interacting with or viewing an ad you are consenting
to the possibility that the advertiser will make the assumption
that you meet the targeting criteria used to display the
ad.
- TFCnow advertisers include financial service providers
(such as banks, insurance agents, stock brokers and mortgage
lenders) and non-financial companies (such as stores, airlines,
and software companies).
TFCnow may set and access TFCnow cookies on your computer.
TFCnow lets other companies that show advertisements on some
of our pages set and access their cookies on your computer.
Other companies' use of their cookies is subject to their
own privacy policies, not this one.
21. MISCELLANEOUS
- The TOS constitute the entire agreement between you and
abs-cbn now! and govern your use of the Service, superceding
any prior agreements between you and TFCnow.
- The TOS and the relationship between you and TFCnow shall
be governed by the laws of the Philippines without regard
to its conflict of law provisions. You and TFCnow agree
to submit to the personal and exclusive jurisdiction of
the appropriate courts of the Philippines.
- The failure of TFCnow to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS 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 TOS 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 TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
- The section titles in the TOS are for convenience only and
have no legal or contractual effect.
- Please report any violations of the TOS to our Customer Service.
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