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TERMS AND CONDITIONS OF USE

 

ABS-CBN Corporation, a corporation duly organized and existing under Philippine laws, with business address at Sgt. Esguerra Avenue corner Mother Ignacia Street, Quezon City 1103, Philippines, (including its affiliates and subsidiaries, "ABS-CBN"), allows you access to www.abs-cbnstore.com (hereinafter referred to as the "Website"), conditioned on your unqualified agreement to all the Terms and Conditions of Use provided herein, including its Privacy Policy, and any rules of conduct as ABS-CBN may hereinafter implement for the Website (the Terms and Conditions of Use, including the Privacy Policy, shall hereinafter be collectively referred to as these “Terms”).

These Terms shall apply to all other websites and all other digital properties of ABS-CBN (including its subsidiaries and its affiliates) (“Affiliate Websites”), that ABS-CBN allows you to access through your registration to the Website. Your use of the Website constitutes your agreement to all such Terms, as well as the policies expressed in our Privacy Policy. 

Transmitting and receiving real-time updates to and from the Website requires an online connection between your internet-ready device (the “Device”) and the Internet. The Internet connection is under your responsibility and at your expense. The expenses of such connection are as prescribed by the agreement between you and your internet service provider, and according to its applicable terms of payment. ABS-CBN does not provide Internet access, and you are responsible for all fees associated with your Internet connection.

 

MODIFICATION OF THE TERMS OF USE

ABS-CBN may amend the Terms at any time in its sole discretion. ABS-CBN shall notify you of any amendment to the Terms, and you understand and agree that your express consent to the amended Terms is a precondition to your access of, or to your activity within, the Website. ABS-CBN shall likewise post the amended Terms in the Website. Your use of the Website after the effective date of any amendments to these Terms likewise constitutes your agreement to comply and be bound by such amendments, including but not limited to the charges associated with the use of the Website, if any. You agree to check the Terms periodically so you will be familiar with their content as amended or modified from time to time.

If you do not indicate your express consent to the Terms as amended, ABS-CBN has the right to restrict your use of the Service, or any activity within the Website.

If you have any questions regarding these Terms, please contact us through our email: [email protected]

 

LINKS TO THIRD PARTY SITES

Other than the Affiliate Websites which may be linked to the Website, the Website may contain links to other websites operated by third parties (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 to 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.

ABS-CBN encourages you to review the terms of use and privacy statements or policies of the Linked Sites you choose to link to from the Website so that you can understand how these Linked Sites collect, use and share your personal information and other data. ABS-CBN is not responsible for the terms of use, privacy statements or policies or other content on these Linked Sites.

 

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 the 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.

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 asked to open, register and maintain an account with us, unless transactions are made as guests. At the time you open an account, you will be required to provide your email address to identify and validate yourself (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 provide 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.

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.

In creating your Account, 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.

  

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 that you shall be primarily responsible for all purchases made thereunder.

All transactions shall be in Philippine currency. 

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.

 

REFUND OR REPLACEMENT

Unless it is shown that any of the grounds below is due to your fault or negligence, ABS-CBN shall give you the option to either refund your payment for purchases made on the Website, or request for the replacement of the Product based on the following grounds,:

  • Delivery of the wrong Product or Content; and
  • Defective Product or Content.

All requests for refund or replacement shall be subject to investigation and approval by ABS-CBN, whose decision shall be final.

You shall be allowed to cancel a transaction any time prior to your receipt of the notice of dispatch or delivery.

 

CANCELLATION OF ORDERS

You cannot cancel your order once it has been finalized and confirmed for delivery. Should you refuse to pay (for Cash on Delivery) and/or accept your order, ABS-CBN may adopt such measures to avoid repetition of such instance that include but will not be limited to blacklisting you from the use of the Website or cancelling your Account.


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.

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.

 

CONTENT USAGE

You acknowledge that: (i) by using the Website, you will have access to, among others, software, graphics, news, publications, articles, photographs, sound effects, music, animation-style video 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 Website 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 these Terms.  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 these Terms or by ABS-CBN.

As a condition of your use of the Website, you warrant to ABS-CBN that you will not use the Website, the Content, 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 Content in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or the Content. You may not sell or auction any accounts, characters, items or copyrighted material in or from the Website. 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.

 

USE RESTRICTIONS

There are certain conducts which are strictly prohibited on the Website and the Content. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result herein (at ABS-CBN's sole discretion) in the termination of your access to the Website and the Content and may also expose you to civil and/or criminal liability. 

You shall not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content or the Website, in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without ABS-CBN’s prior written consent; (iii) create a browser or border environment around the Content (no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personally identifiable information about visitors or users of the Website and/or the Content without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Website and/or the Content any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Website and/or the Content, or the servers or networks that host the Website and/or the Content or make the Website and/or Content available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Website; (ix) frame or mirror any part of the Website and/or the Content without ABS-CBN’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Website; (xi) forward any data generated from the Website and/or the Content without the prior written consent of ABS-CBN; (xii) transfer or assign your accounts' password, even temporarily, to a third party; (xiii) use the Website and/or the Content for any illegal, immoral or unauthorized purpose; (xiv) use the Content, and/or the Website for non-personal or commercial purposes without ABS-CBN’s express prior written consent; or (xv) infringe or violate any of these Terms. 

You shall not commit any of the Cybercrime Offenses in the Cybercrime Prevention Act of 2012, including, but not limited to, illegal access, illegal interception, data interference, system interference, misuse of devices, cyber-squatting, computer-related forgery, computer-related fraud, computer-related identity theft, cyber-sex, child pornography, unsolicited commercial communications, libel, etc. You understand that a prosecution under the Cybercrime Prevention Act of 2012 shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

 

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Upload, post, e-mail or otherwise transmit Content that infringes any third party rights, law, regulation or these Terms of Use;
  • Impersonate any person or entity, including, but not limited to, any employee, officer or representative of ABS-CBN, its parent company, affiliates and subsidiaries, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage ABS-CBN’s network, or the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

 

ABS-CBN has no obligation to monitor the Communication Services. However, ABS-CBN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ABS-CBN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ABS-CBN does not control or endorse the content, messages or information found in any Communication Service and, therefore, ABS-CBN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ABS-CBN spokespersons, and their views do not necessarily reflect those of ABS-CBN, its parent company, subsidiaries, affiliates, their respective directors, officers and employees.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

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 Website.

 

MATERIALS PROVIDED TO OR POSTED AT THE WEBSITE

ABS-CBN does not claim ownership of the materials you provide to the Website  (including feedback and suggestions) or post, upload, input or submit to Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ABS-CBN, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ABS-CBN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ABS-CBN's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

  

LIMITATIONS ON LIABILITY 

  1. The content, 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, its content providers and/or 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.
  2. ABS-CBN provides the Website, the content and all other components on an "as is" basis. They cannot be customized to fulfill the needs of each and every user. ABS-CBN 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, merchantability or fitness for a particular purpose, features, quality, title, compatibility, performance, security or accuracy. Without limiting the foregoing, ABS-CBN does not ensure continuous, error-free, secure or virus-free operation of the Website. ABS-CBN does not warrant that the Website will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to ABS-CBN’s computers, immune from damages, free of malfunctions, bugs or failures and software communication failures, originating either in ABS-CBN or its providers.
  3. No representation or warranty is made regarding the availability, accuracy or reliability of the Website, or any content, alerts or other functionality of the Website; and you acknowledge that your use of the same is at your own discretion and risk.
  4. In no event shall ABS-CBN, its content providers 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 and all its other components, or with the delay or inability to use the Website or related services, the provision of or failure to provide Services, or from your reliance on the content of the Website, including, without limitation, content originating from third parties, or from any communication with the Website, or with other users on or through the Website, or from any denial or cancellation of your Account, or from retention, deletion, disclosure and any other use or loss of your content on the Website, or for any information, software, Products, services, Content and related graphics obtained through the Website, or otherwise arising out of the use of the Website, 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. 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, or with any of these Terms, your sole and exclusive remedy is to correct any errors, or malfunctions in light of the relevant circumstances or to discontinue using the website.
  5. You agree and acknowledge that you assume sole, exclusive, absolute and full responsibility for the use of the Service, that the use of the Service is entirely at your own risk, and that it is your sole responsibility to provide current and accurate information. ABS-CBN disclaims any responsibility and liability for inaccurate or misleading information, invasion of privacy, libel, defamation, or any other civil, criminal act or administrative act, arising from the use of the website.

 

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 representations, warranties, or conditions of these Terms. 

 

TERMINATION

ABS-CBN may terminate your access to the Website (including your Account) immediately and without notice under the following circumstances:

  1. if you breach or violate any of the conditions, obligations or provisions of these Terms;
  2. if you infringe any third party intellectual property rights or expose the Website and ABS-CBN, its officers, employees and representatives from any possible damages, liabilities, claim or action for infringement of intellectual property rights;
  3. if ABS-CBN is unable to verify or authenticate any information you have provided; and
  4. under any other circumstances under law or equity.

The foregoing circumstances shall result to your inability to access the Website without prejudice to any other rights or remedies ABS-CBN may have at law or in equity.

 

LIMITATIONS

Subject to the limitations on liability of ABS-CBN, should you desire to file any cause of action against ABS-CBN, arising out of or related to the Website, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

 

COPYRIGHT NOTICE

All contents of the Website are:Copyright 2010-2018. ABS-CBN Store. All Rights Reserved.  

All intellectual property rights in and to the Website and its database, including copyrights, trademarks, industrial designs, patents and trade secrets are either exclusive property of ABS-CBN or exclusively licensed to ABS-CBN.

Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Website, in any manner or means without the prior written consent of ABS-CBN, is strictly forbidden. The Website, its design and logo, and other trade and/or service marks are property of ABS-CBN and may not be used in any of the aforementioned means.

ABS-CBN may protect the Website by technological means intended to prevent unauthorized use of the Website. You undertake not to circumvent these means. Without derogating ABS-CBN's rights under these Terms or under any applicable law, infringement of the rights in and to the Website will, in and on itself, result in the termination of all your rights under these Terms. In such an event, you must immediately cease any and all uses of the Website, and within your obligations to ABS-CBN, you undertake to do so.

 

THIRD PARTY TRADEMARKS 

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.

 

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’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.

To the maximum extent permitted by law, these Terms are 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 Website. 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 Website or information provided to or gathered by ABS-CBN with respect to such use. If any part of these Terms 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, these Terms constitutes the entire agreement between you and ABS-CBN with respect to the Website 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. A printed version of these Terms 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 an d 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.

 

NO LEGAL RELATIONSHIP

These Terms and the use of the Website, including uploading any data and contents by you onto the Website including ABS-CBN's databases and data do not, and shall not be construed to create any, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Website for your enjoyment and benefit constitutes the sole and sufficient consideration for any contribution you have to the Website, and any other data.