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Terms

TERMS OF USE THIS AGREEMENT BETWEEN YOU AND ABS-CBN CORPORATION ("ABS-CBN") GOVERNS YOUR USE OF THE abs-cbnstore.com (the “Website”): 

  • TERMS OF AGREEMENT
    • ABS-CBN, a corporation duly organized under Philippine laws, with business address at Sgt. Esguerra Avenue corner Mother Ignacia Street, Quezon City 1103 PHILIPPINES, allows you to access to the Website conditioned on your agreement to all of the terms and conditions contained in this Agreement. Your use of the Website constitutes your agreement to all such terms and conditions, and any rules of conduct as ABS-CBN may implement. By purchasing the Products or downloading the Content directly from the Website you agree to these Terms and Conditions of Use and the policies expressed in our Privacy Statement. If you have any questions regarding these Terms and Conditions of Use and Privacy Statement, please contact us through our customer hotline at 415-22-72 (the “Hotline”) or email us via [email protected]
    • ABS-CBN may amend this Agreement at any time in its sole discretion by posting the amended Agreement at the Website. Your use of the Website after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement periodically so you will be familiar with their content as amended or modified from time to time.
    • By creating an account at the Website and/or using the Service, you accept this Agreement and agree to abide by the Terms of Use and Privacy Policy. You likewise agree to receive push messages, newsletters, text blasts and other alerts (“Alerts”) from ABS-CBN via cellphone, telephone, e-mail, and/or post.
    • Should you decide that you are no longer interested to receive Alerts via cellphone, telephone, e-mail and/or post, you have the option be taken off ABS-CBN’s mailing list. This option may be availed of by going to the Accounts Management Page of the Website and ticking the Account Cancellation button. If you choose to avail of this option, you will no longer receive any Alert from ABS-CBN. If you do not wish to be permanently removed from ABS-CBN’s mailing list but are interested to receive Alerts or any other correspondence from ABS-CBN at a future time, kindly go to the Accounts Management Page and tick the button allowing ABS-CBN to contact you at a future time for Alerts and other correspondence.
  • DESCRIPTION OF SERVICE
    • ABS-CBN offers the Website as a portal for the purchase of merchandise manufactured and/or distributed by ABS-CBN (the “Products”) and for downloading of Content (as defined below) (the “Service”) accessible through the Internet at the Website. ABS-CBN reserves the right to change the URL address of the Website at any time and from time to time.
    • ABS-CBN does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Website is an active part of the Service and any use of the Website is governed by this Agreement. ABS-CBN may change the Products and/or Content displayed in the Website at its sole discretion without any need of notice to you. In case of substitution of Products and/or Content, ABS-CBN shall have the sole discretion to choose the replacement.
  • ACCOUNT
    • To avail of the Services in the Website, you must be at least eighteen (18) years of age, and possess a valid credit or debit card issued by a bank acceptable to ABS-CBN.
    • You will be required to open, register and maintain an account with us. At the time your account is opened, you must submit your email address to identify and validate yourself to ABS-CBN staff (your "Account ID"). Your Account ID will be validated by ABS-CBN by sending an activation link to the supplied email address. If you do not have a valid email address, you will not be able to register. You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which ABS-CBN deems in its discretion to be vulgar or otherwise offensive. ABS-CBN reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
    • You do not own the account you use to access the Service, the characters that ABS-CBN stores on ABS-CBN servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you created is needed to login to access the Service.
    • Upon opening of your Account, you must select a password. You are responsible for maintaining the confidentiality of your password and for damages, injuries, loss and liabilities arising from the negligent or improper disclosure of your password.
    • You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ABS-CBN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABS-CBN has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
    • Members whose Accounts have been terminated by ABS-CBN may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of ABS-CBN.
    • If ABS-CBN terminates an Account, ABS-CBN may terminate any other accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated account.
    • ABS-CBN reserves the right to ban or forfeit an account at its sole discretion.
    • ABS-CBN reserves the right at all times to disclose the identity of account holders or other information related thereto as may be necessary to comply with any law, regulation, or government request
    • Except to the extent necessary to effectuate the specific uses for which you have contracted with ABS-CBN, you shall not assign, rent, lease, sell, sublicense, or otherwise transfer your Account to another party without prior written consent of ABS-CBN. Any party authorized by ABS-CBN to receive the Account must agree to be bound by the terms and conditions of this Agreement.
  • PERSONAL INFORMATION
    • All personal information you provided in availing the Service will be treated with utmost confidentiality. However, you hereby acknowledge that ABS-CBN may have to disclose such information to its authorized agents or representative, employees, consultants, and personnel on a need to know basis in any and all instances when such disclosure is necessary for the execution of efforts geared towards overall customer satisfaction, which include information dissemination through marketing or telemarketing of ABS-CBN and its subsidiaries’ products and other means, facilitating services requests and maintenance work, and the like. In the event that during the effectivity of this Agreement, ABS-CBN is requested or required to disclose such personal information in order to comply with an investigatory, legal, regulatory or administrative proceeding (including a subpoena, civil investigative demand or similar process) or a court order, you hereby permit ABS-CBN, without liability hereunder, to disclose such personal information.
    • The personal information you provide ABS-CBN during registration is used for its internal purpose only and shall be used in connection with the Service. Except as otherwise expressly permitted by this Agreement or as otherwise expressly authorized by you, ABS-CBN will not give any of your personal information to any third party. However, ABS-CBN does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Furthermore, ABS-CBN can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as ABS-CBN, in its sole 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 edit, refuse to post or to remove any information or materials, in whole or in part, in ABS-CBN's sole discretion. If you request any technical support, you consent to our remote accessing and review of your computer for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service and any services or software which may in the future be provided by us or on our behalf.
  • USE OF THE SERVICE
    • You agree to use the Website and the Service only as offered at the Website and not through any other means. You further agree not to create or provide any other means through which the Service may be accessed by others, as through server emulators. You acknowledge that you do not have the right to copy, create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service. You may not take any action, which imposes an unreasonable or disproportionately large load on the Website or the Service’s infrastructure.
    • As a condition of your use of the Website, you warrant to ABS-CBN that you will not use the Website, the Service or any of its components, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or the Service in any manner which could damage, disable, overburden, or impair the Website or the Service or interfere with any other party's use and enjoyment of the Website or the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or the Service.
  • CONTENT USAGE
    • With respect to Content downloaded from the Website, you acknowledge that:
      • by using the Website and the Service you will have access to graphics, sound effects, music (including musical compositions and sound recordings), video and text (collectively, "Content").
      • Such Content is provided STRICTLY FOR PERSONAL USE ONLY, and “PERSONAL USE” does not include the right to share, copy, or reproduce the Content, or use the Content as background music for any other user-generated content, or upload the Content to any other site or online services, or otherwise exploit the same, whether or not for a fee, without the written authorization of ABS-CBN.
      • Content may be provided under license by independent content providers (the "Content Providers"). You acknowledge that ABS-CBN and 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 accessing the Website. All rights not granted herein are RESERVED by ABS-CBN and/or the Content Providers.
      • ABS-CBN has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
  • CREDIT CARD PURCHASES
    • By using a debit or credit card on the Website, you warrant that you are the owner or authorized user of the debit or credit card and shall be primarily responsible for all purchases made thereunder.
    • All transactions shall be in Philippine currency.
    • ABS-CBN shall fully refund and/or reverse any payment for purchases made on the Website on the following grounds, unless it is shown that any of the grounds below is due to your fault or negligence:
      • Delivery failure;
      • Unavailable or wrong Products or Content; and 
      • Defective Product or Content.
    • All requests for refund shall be subject to investigation and approval by ABS-CBN, whose decision shall be final. ABS-CBN may offer the customer a replacement of the Product and/or Content, in lieu of a refund or reverse of the any payments already received by ABS-CBN.
    • You shall be allowed to cancel a transaction any time prior to delivery
    • Purchases via credit card or other payment facility provided by third parties, such as, but not limited to Asiapay, Paypal, etc., shall be subject to the terms of use of such payment facility.
  • LINKS TO THIRD PARTY SITES
    • The Website or the Service may contain links to other web sites ("Linked Sites"). Except for other web pages operated by ABS-CBN or as provided in this Agreement, 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. These links are provided 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.
  • INTERRUPTION OF SERVICE
    • ABS-CBN reserves the right to interrupt use and access to the Website and the Service from time to time, with or without prior notice, in order to perform maintenance.
    • You acknowledge that the access to the Website and/or the Service may be interrupted for reasons beyond the control of ABS-CBN and ABS-CBN cannot guarantee that you will be able to access the Website, Service or your Account whenever you may wish to do so. ABS-CBN shall not be liable for any interruption and/or access delay or failure to the Website, the Service or your Account resulting from any causes beyond its reasonable control or for any disruptions arising from or attributable to your actions.
  • LIMITATIONS ON LIABILITY
    • THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ABS-CBN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE 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 SERVICE, THE PRODUCTS, THE CONTENT, THE ACCOUNT AND ALL OTHER SERVICES 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, NONINFRINGEMENT, MERCHANTABILITY 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 WEBSITE OR THE SERVICE.
    • IN NO EVENT SHALL ABS-CBN AND/OR ITS SUPPLIERS OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, 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 WEBSITE OR THE SERVICE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE 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 WEBSITE OR THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY geneOR OTHERWISE, EVEN IF ABS-CBN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SERVICE OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
  • PARENTAL GUIDANCE
    • While ABS-CBN may choose to monitor and take action upon inappropriate content, chat or links to the Website, it is possible that at any time there may be language or other material accessible on or through the Website 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 Service.
  • INDEMNIFICATION
    • You agree to defend, indemnify and hold harmless ABS-CBN, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, 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 Agreement.
  • TERMINATION
    • ABS-CBN may terminate this Agreement (including your Account) immediately and without notice under the following circumstances:
      • if you breach or violate any of the conditions, obligations or provisions of this Agreement;
      • if you infringe any third party intellectual property rights or expose the Website, the Service and ABS-CBN, its officers, employees and representatives from any possible damages, liabilities, claim or action for infringement of intellectual property rights;
      • if ABS-CBN is unable to verify or authenticate any information you have provided; and
      • under any other circumstances under law or equity. <br /> The termination of this Agreement under the foregoing circumstances shall result to your inability to access your Account without prejudice to any other rights or remedies ABS-CBN may have at law or in equity.
  • TRADEMARKS AND COPYRIGHT NOTICE
    • The names of actual companies and products mentioned herein may be the trademarks of their respective owners.Any rights not expressly granted herein are reserved.
    • All contents of the Website are: &copy; 2014 ABS-CBN Corporation and/or its suppliers. All Rights Reserved. The individual musical compositions and sound recordings offered for sale on the Website are &copy; on the dates they were created.
  • GENERAL PROVISIONS
    • Failure or omission on the part of ABS-CBN to avail of or enforce any term or condition provided herein or by law shall not be deemed a waiver of ABS-CBN&rsquo;s right to enforce the same, or to avail of the remedies provided for by law, nor absolve you from liability for your obligations to ABS-CBN, and no novation of any of the terms and conditions herein shall be effective against ABS-CBN unless the same is made in writing by ABS-CBN.
    • In case any term or condition herein is declared void or unenforceable, the other terms and conditions unaffected thereby shall remain in full force and effect.
    • This Agreement is governed by the laws of the Republic of the Philippines. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines, without applying any conflicts of law principles which would require application of the law of any other jurisdiction , in all disputes arising out of or relating to the use of the Website or the Service.
    • 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 Website or the Service.
    • 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&rsquo; right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or Service, or information provided to or gathered by ABS-CBN with respect to such use. If any part of this Agreement 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 Agreement constitutes the entire agreement between you and ABS-CBN with respect to the Website and the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABS-CBN with respect to the Website or Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.