YOU (“YOU” or “User”) and ABS-CBN Film Productions, Inc. (“AFPI,” “WE” or “US”) hereby agree that by accessing the Redemption Site (“WEBSITE”) printed on the back of the DIGITAL MUSIC PACK (“CARD”) and/or using and/or redeeming the contents of the card and/or downloading content from the Website is subject to Your agreement to the Terms and Conditions listed below, which shall be deemed a binding agreement between YOU and AFPI.
- ACCEPTANCE OF TERMS. By using the card and/or accessing the website and/or downloading and/or using any of the content provided, YOU accept all the terms of this Agreement.
- REGISTRATION. In order to gain access to the Contents of the card, YOU agree to register as a user of the Website. YOU likewise agree that all the personal details YOU provide shall henceforth constitute Your “Kapamilya” account information which may be used to sign on to all Kapamilya online, mobile and other services. “Kapamilya services” shall constitute all services made available to the public by the ABS-CBN Broadcast Corporation (“ABS-CBN”), its affiliates and subsidiaries (“companies”) such as, but not limited to abs-cbn.com, iwantv.com, onemusic.ph, myx.ph, etc. As such, YOU agree that all information provide by YOU to AFPI may be shared within and among ABS-CBN and the companies subject to ABS-CBN’s Privacy Policy as expressed in www.abs-cbn.com and such other privacy policy/ies as may be published by ABS-CBN from time to time, and hereby waive Your rights under the Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012” and such other laws as may be applicable in Your country of domicile.
- AGE RESTRICTIONS. Individuals under the age of 18 are prohibited from accessing the Web Site without parental consent. YOU hereby represent and warrant that YOU are 18 years of age or older. SOME AREAS OF THE WEB SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
- CONTENT. The Content (“CONTENT”) provided to YOU shall consist of any or a number of the following: information, code, data, text, software, music (musical compositions and/or sound recordings), sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials as AFPI or the third-party owner has advertised to be available, and such BONUS content which AFPI may make available at its sole discretion.
- USE OF THE CARD. YOU may access the CONTENT after registration by entering the DOWNLOAD CODE provided on the back of the card. The DOWNLOAD CODE may only be used for one account. However, once an account is created, YOU may access the website for a maximum of three (3) times. YOU are responsible for the safekeeping of the DOWNLOAD CODE before it is linked to Your account. AFPI shall not be responsible for lost or stolen download codes.
- EXPIRATION OF CARD. AFPI guarantees that the WEBSITE shall be accessible and the CONTENT shall be available on the WEBSITE until the expiration date written on the card. However, prior to the expiration date, should it be necessary to take down any CONTENT for any reason, AFPI shall exert its best efforts to provide a substitute for the same, however, if all CONTENT is no longer available, AFPI may offer a substitute product. In any event, AFPI’s liability to YOU shall be fully discharged upon acceptance of the substitute or refund of the purchase price.
- INTELLECTUAL PROPERTY RIGHTS. All trademarks and logos and the copyright in all, all contents of the Website, and all sound recordings, musical compositions, photos, card design, and content made available for downloading belong to AFPI, ABS-CBN, the companies, or, in the case of a third -party owner which has entered a distribution agreement with AFPI, to that third party owner. The purchase of the card and download of the contents thereof do not transfer any title or ownership in and to the CONTENT provided for downloading. YOU may not use the CONTENT for commercial purposes, or for any use which may be monetized, or modify or edit any CONTENT without the prior written permission of AFPI.
- WARRANTIES. YOU warrant and represent that all information YOU provide during the registration process and at any time thereafter ("Registration Information") will be true, accurate, complete, and current and that YOU will promptly update Your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. YOU likewise agree that the warrant that the CONTENT YOU downloaded shall be used for personal consumption only and shall not be used by YOU for illegal, immoral or commercial purposes.
- DISCLAIMER OF WARRANTIES. AFPI is not responsible for any incorrect or inaccurate Content published on the Web Site or in connection with the Services, including Content published by users of the Web Site or the Services. AFPI is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. AFPI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site or the Services. AFPI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Web Site or the Services. Under no circumstances will AFPI be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Web Site or any Content published on the Web Site.
- GOVERNING LAW. This Agreement shall be governed by Philippine laws. Any dispute or claim arising out of, or in connection with, this Agreement may be filed in the courts of QUEZON CITY only, to the exclusion of other courts.
- MISCELLANEOUS. This Agreement sets forth the entire agreement between YOU and AFPI pertaining Your use of the Web Site and CONTENT. AFPI reserves the right, at its sole discretion, to change, modify, add, or delete portions this Agreement at any time without notice.