Terms & Conditions

TERMS OF USE

ABS-CBN Corporation (“ABS-CBN”) allows you access to the ABS-CBN TVplus Go app (the “Application”) using the ABS-CBN TVplus Go device you purchased. The Application is offered to you conditioned on your agreement to the terms and conditions of this Terms of Use. Your use of the Application constitutes your agreement to all such terms, conditions, and any rules of conduct as ABS-CBN may implement.

Access to the Application includes the capability to watch free-to-air channels.  ABS-CBN reserves the right to provide additional services (the “Additional Services”), such as pay-per-view programs, exclusive/premium channels, and other value-added services, among others.  The provision of such Additional Services may be subject to separate charges.

MINIMUM SYSTEM REQUIREMENTS

Access to the Application using the ABS-CBN TVplus Go device requires the use of a mobile handset with the following minimum specifications:

a. Android 5.0 and higher

b. At least 1GB RAM

c. USB OTG

d. Dual core processor and higher

USAGE FEES

The first registration of ABS-CBN TVplus Go device using a mobile handset shall be free of charge.  Should you wish to watch exclusive TVplus channels using another mobile handset, an additional registration fee shall be charged before being granted such additional access.   Payment of the additional registration fee for the subsequent mobile handset use is necessary to gain full access to all the features of the Application.

MODIFICATION OF THE TERMS OF USE

ABS-CBN may amend this Terms of Use at anytime in its sole discretion. Any amendments or modifications to this Terms of Use shall be posted in the Application. It is your duty and responsibility to keep yourself informed of such amendments. Further, your use of the Application after the effective date of any such amendments constitute your agreement to comply and be bound by such amendments, including but not limited to the charges associated with the use of the Application, if any.

Other than the web pages operated by ABS-CBN which are linked to the Application, the Application may contain links to other websites (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.

NO UNLAWFUL OR PROHIBITED USE

You acknowledge that : (i) by using the Application, you will have access to, among others, software, graphics, news, publications, articles, photographs, sound effects, music, videos 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 Application 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 this Terms of Use. 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 this Terms of Use or by ABS-CBN. 

As a condition of your use of the Application, you warrant to ABS-CBN that you will not use the Application, or any of its components, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application. You may not sell or auction any accounts, characters, items or copyrighted material in or from the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.

PARENTAL GUIDANCE

While ABS-CBN may choose to monitor and take action upon inappropriate Content, chat or links to the Application, it is possible that at any time there may be language or other material accessible on or through the Application 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 policy 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 Application.

INTERRUPTION OF SERVICE

ABS-CBN reserves the right to interrupt use and access to the Application from time to time, with or without prior notice, in order to perform maintenance. You also acknowledge that the access to the Application may be interrupted for reasons beyond the control of ABS-CBN, and ABS-CBN cannot guarantee that you will be able to access the Application whenever you may wish to do so. ABS-CBN shall not be liable for any interruption and/or access delay or failure to the Application resulting from any maintenance work performed, or for causes beyond its reasonable control or for any disruptions arising from or attributable to your actions.

DISCLAIMER OF WARRANTY AND LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN. ABS-CBN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME. ADVICE RECEIVED VIA THE APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ABS-CBN PROVIDES THE APPLICATION, AND ALL ITS COMPONENTS, ON AN "AS IS" BASIS, and HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ABS-CBN DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE APPLICATION. IN NO EVENT SHALL ABS-CBN, ITS PARENT COMPANY, AFFILIATES AND SUBSIDIARIES WORLDWIDE AND/OR ITS SUPPLIERS OR ANY OF ITS SHAREHOLDERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABS-CBN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

THE WARRANTY PROVIDED BY ABS-CBN COVERS ONLY THE PURCHASED ABS-CBN TVplus Go  DEVICE.  THE WARRANTY DOES NOT EXTEND TO THE MOBILE HANDSET TO BE USED WITH THE ABS-CBN TVplus GO DEVICE.

INDEMNIFICATION

At ABS-CBN’s request, you agree to defend, indemnify and hold harmless ABS-CBN, its parent company, affiliates, subsidiaries, shareholders, partners, directors, officers, employees, agents or suppliers, its licensees, distributors and Content Providers, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from your breach or violation of any of the conditions of this Terms of Use.

SERVICE CONTACT

Text HELP <your TVplus Go concern> to 23661

TERMINATION / ACCESS RESTRICTION

ABS-CBN may terminate your access to the Application immediately and without notice under the following circumstances:

a.        if you breach or violate any of the conditions, obligations or provisions in this Terms of Use and/or Privacy Statement;

b.       if you infringe any third party intellectual property rights or exposes the Application, ABS-CBN, its parent company, subsidiaries and affiliates, and their officers, employees and representatives from any possible damages, liabilities, claim or action for infringement of intellectual property rights;

c.        if ABS-CBN is unable to verify or authenticate any information you have provided; or,

d.       upon any act whatsoever you made which is, in ABS-CBN’s sole discretion, inappropriate and/or in violation of the spirit of fair play, good faith and equity

The rights of ABS-CBN to terminate your access to the Application shall be in addition to any other rights or remedies it may have at law or in equity.

GENERAL

To the maximum extent permitted by law, this Terms of Use 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 Application. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABS-CBN, or its parent, subsidiary or affiliate as a result of this Agreement or use of the Application. 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 Application or information provided to or gathered by ABS-CBN with respect to such use. If any part of this Terms of Use 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, this Terms of Use constitutes the entire agreement between you and ABS-CBN with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ABS-CBN with respect to the Application.

INTELLECTUAL PROPERTY

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on ABS-CBN TVplus Go and all content (including all applications) located on the Application shall remain vested in ABS-CBN. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use ABS-CBN content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any ABS-CBN TVplus Go content except for your own personal, non-commercial use. Any other use of ABS-CBN TVplus Go content requires the prior written permission of ABS-CBN.

The names, images and logos identifying ABS-CBN TVplus Go or third parties and their products and services are subject to copyright, design rights and trademarks of ABS-CBN TVplus Go or any of its subsidiaries and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of ABS-CBN TVplus Go or any of its subsidiaries or any other third party.

PRIVACY POLICY

ABS-CBN Corporation (“ABS-CBN”) is committed to protecting your privacy and developing a technology that gives you a powerful but secured and safe experience. This Privacy Statement (the “Privacy Statement”) applies to the Application and governs data collection and usage. By using the Application, you consent to the data practices described in this Privacy Statement.

Collection of your Personal Information

ABS-CBN collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. ABS-CBN also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your device hardware and software that is automatically collected by ABS-CBN such as your IP address, browser type, domain names, access times and referring website addresses. This information is used by ABS-CBN for the operation of the Application and for delivery of the service, to maintain and improve quality of the service, and to provide general statistics regarding use of the Application. All the information is collected whenever user goes online whether via WiFi or mobile data connection. As such, data charges may apply during this collection of information. ABS-CBN encourages you to review the privacy statements of websites you choose to link to from the Application so that you can understand how these websites collect, use and share your information. ABS-CBN is not responsible for the privacy statements or other content on websites outside of the Application and other websites operated by ABS-CBN.

Use of your Personal Information

The personal information gathered by ABS-CBN about you is used to operate the Application and deliver the services you have requested. Your agreement to this Terms of Use serves as your consent for ABS-CBN to disclose, share, store, and transfer your personal information to its subsidiaries and affiliates worldwide (the “Subsidiaries and Affiliates”). ABS-CBN, its Subsidiaries and Affiliates may also use your personally identifiable information to:

i.         Market, promote, and advertise its products, services and activities;

ii.        Customize its advertising and marketing activities, and improve their services;

iii.       Fulfill your requests for products and services;

iv.       Conduct research, perform statistical analyses of user behavior in order to measure relative customer interest on various products and services, or in general, to gather information relevant to ABS-CBN’s and its related companies’ products and services;

v.        Promote and manage its customer relations, and promote, manage and implement its customer loyalty program;

vi.       To pass on information to the relevant government agency or institution as may be required; and,

vii.      Contact you or communicate with you through any of the contact numbers or modes which you provided or may provide for any of the foregoing purposes, directly or through their representatives, trusted business partners or its service providers.

ABS-CBN does not sell, rent or lease its customer lists and personal information gathered to third parties. ABS-CBN may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, ABS-CBN may share data with its Subsidiaries and Affiliates and trusted partners worldwide that 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. All such Subsidiaries and Affiliates or partners are prohibited from using your personal information except for the purposes specified herein, and are required to maintain the confidentiality of your information, unless you have entered into an agreement with such Subsidiary, Affiliate, or partner that would allow them to use and disclose your personally identifiable information, or have given your permission therefor. ABS-CBN does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. ABS-CBN keeps track of your browsing and viewing of the Application and its linked sites, essentially logging information about the sections that you watch and the actions you undertake. 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 Application 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 that ABS-CBN can provide. The foregoing notwithstanding, ABS-CBN, its Subsidiaries and Affiliates can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as ABS-CBN, the Subsidiaries and Affiliates, in their discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law, regulation, legal process or governmental request, or to protect the security of other users of the Application, or the public.

Opt-Out Mechanism

If at any time you wish to receive information on the manner relating to the processing of the information provided, to stop receiving communications from ABS-CBN and its related companies, or to revoke or modify the permission granted herein to ABS-CBN and its related companies, you may Text HELP <your message> to 23661.  Until we receive notice from you revoking or modifying the permission granted herein, you agree to allow us to use your Personal Information in accordance herewith.

Security of your Personal Information

ABS-CBN secures your personal information from unauthorized access, use or disclosure. ABS-CBN secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Privacy Statement

ABS-CBN may amend this Privacy Statement at anytime in its sole discretion. Any amendments or modifications to this Privacy Statement shall be posted in the Application. It is your duty and responsibility to keep yourself informed of such amendments. Further, your use of the Application after the effective date of any such amendments constitute your agreement to comply and be bound by such amendments.

Contact Information

ABS-CBN welcomes your comments, questions and suggestions regarding this Privacy Statement. If you have questions or suggestions, or if you have any changes or errors related to your personal information, you may text HELP <your TVplus Go concern> to 23661.   We will use commercially reasonable efforts to promptly reply to your comments and/or questions.