TERMS AND CONDITIONS OF SUBSCRIPTION AND/OR USE
iWantTFC is an online content distribution service which enables its subscribers and/or users to watch shows, movies, music and other content, or clips or excerpts thereof (the “Content”). iWantTFC may be accessed via https://tfc.tv, and/or https://iwanttfc.com (the “Website/s”), and/or the application currently known as iWantTFC Application (the “Application/s) on certain computers, internet-connected/smart TVs, mobile and other devices (the “Devices”) and is provided to subscribers and/or users for their personal, private and non-commercial use only (“iWantTFC” or the “Service”).
We expressly reserve the right to change, amend, modify, supplement, or update the Terms at any time and from time to time without prior notice to You. You acknowledge and agree that it is Your responsibility to review these Terms from time to time and to keep Yourself updated on any changes, amendments, modifications or updates thereto. Unless otherwise specified, any and all new feature/s or functionality of the Service, the Website/s and/or the Application/s shall be subject to the current Terms. The current version of the Terms, including recent updates, will be available on the Website/s and/or the Application/s. Your continued subscription to and/or use of the Service after such modifications will constitute Your acceptance of and Your agreement to be bound by the Terms, and any amendment, addendum, modification, annex, supplement or updates thereto. Should You wish to discontinue the use of the Service at any time, You may do so in accordance with the Terms. If You do not agree with any of the Terms or any amendment or modification thereof, You must not continue to access or use the Service.
You acknowledge, understand and agree that Your use of the Service, the Website/s, the Application/s and the Device/s may be subject to additional and separate terms and conditions and privacy policies of affiliated and/or third-party entities which, as the case may be, own, operate, maintain, manage, host, manufacture, service and/or provide the Website/s, the Application/s, the Device/s, the Service, or certain components, features, or functionalities thereof. By visiting the Website/s, downloading the Application/s, accessing or using (even without registering to) the Service, registering with the Service, whether for a fee or for free, purchasing a Product and/or subscribing to the Service, You signify Your agreement to and acceptance of such terms and conditions and privacy policies of such affiliated and/or third-party entities.
As used in these Terms, reference to Our “Affiliates” shall include ABS-CBN’s parent company/ies, subsidiaries and affiliated companies. “Partners” shall include Our and Our Affiliates’ third party suppliers, business partners, sponsors, advertisers, service providers, licensors, and includes (without limitation) all parties involved in creating, producing, operating, maintaining and/or delivering the Website/s and/or Application/s and/or its contents.
By registering with the Service and creating an account (“iWantTFC Account” or “Account”), You agree to provide us with true, accurate, current and complete information about Yourself when You fill out the Website/s and/or Application/s, Registration Page and to update Your information to keep it true, accurate, current and complete. We reserve the right to rely on the location of Your IP address and the other information that You provided for purposes of our delivery of the Service and of the Terms applicable to You. We reserve the right to suspend or terminate Your Account and/or to refuse to accept your request for future subscription or purchase if we have reasonable grounds to believe that You have not provided true, current, accurate and/or complete information about Yourself in the Registration Page or in the event of Your misuse of the Service or breach or violation of any provision of the Terms, or your breach of any of your representations, warranties or obligations under the Terms. You hereby expressly acknowledge that the Service and Products are provided by ABS-CBN and may be altered, modified, rebranded, or discontinued at any time at its sole discretion and with no notice to You.
By registering with the Service, You confirm that You have read, understood, accept and agree to abide by the Terms and will indemnify and hold ABS-CBN, its Affiliates, and ABS-CBN’s and its Affiliates’ Partners free and harmless from any claim, expenses, damage or liability which You may suffer or incur in connection with Your use of the Service, arising from or in connection with Your misuse of the Service, or Your breach of, failure or refusal to observe and/or abide by, the Terms, or your breach of any of your representations, warranties or obligations under the Terms.
Upon successful registration with the Service, We may also give you access, whether for a fee or for free, to certain Content, determined by Us at Our sole discretion. You may avail of or subscribe to iWantTFC Products, as We may make available to You, by paying the applicable subscription or retail price thereof through the available payment methods.
PASSWORD AND ACCOUNT SECURITY
If You created an Account for and registered with the Service, You agree to keep Your username and password secure and confidential. You assume full responsibility for all activities under Your Account. You represent and warrant to Us that You have personally performed, and are the one personally performing, all activities under Your account, such as but not limited to registration, subscription, purchase, payment, access, and viewing, and that such activities are valid and authorized by You, unless You advise us otherwise. You also agree to immediately inform us of any unauthorized use of Your Account by going to the Help Center.
ABS-CBN and its Affiliates will not be liable for the unauthorized use of Your Account and/or password. Additionally, You hereby acknowledge that, in the event that You willfully, inappropriately, and/or intentionally use, misuse, or abuse Your Account and/or the Service, or that Your unauthorized and/or prohibited use of Your Account results in damage to, destruction, or loss of, infringement of or claim against, any ABS-CBN property(s)/materials, the Content, and/or the Service, You may be held liable for any and all applicable civil and/or criminal penalties arising out of or otherwise related thereto.
In addition, You shall not, nor shall You use Your Account, to hack, breach the security of another Account, and/or attempt to gain unauthorized access to the Service or any component/s or feature/s thereof, or to another service, network or server. Not all areas of the Service may be available to You or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service or other similar services. You must not violate or attempt to violate the security of the Service and/or hack into the computer systems of ABS-CBN, its Affiliates and/or the Partners. Users who violate systems or network security may incur criminal or civil liability.
PRIVACY AND USE OF PERSONAL INFORMATION
Your privacy is important to us. We are committed to safeguarding Your personal information and will use all good faith and reasonable efforts to secure the same.
When You visit the Website/s, download the Application/s, access or use (even without registering to) the Service, and/or register with the Service, whether for a fee or for free, purchasing a Product and/or subscribing to the Service, You acknowledge that some of Your personal information may be collected, transferred, stored, recorded, shared and used by ABS-CBN and its Affiliates, and our and our Affiliates’ authorized service providers.
When You register with the Service, we may ask You for Your personal information such as, but not limited to, Your name, valid email address and/or mobile number. We also collect information about Your transactions with us, including how You use the Service, the Products, the Website/s, the Application, and our other services. We also collect, record and store information from Your computer hardware and browser, including Your IP address, cookie information, software and hardware attributes. If You do not provide us with any personal information that we request, we may be unable to provide You the Service.
By visiting the Website/s, downloading the Application/s, accessing or using (even without registering to) the Service, registering to the Service, whether for a fee or for free, purchasing a Product and/or subscribing to the Service, You authorize ABS-CBN and its Affiliates, and ABS-CBN’s and its Affiliates’ authorized service providers to use Your disclosed personal information as for the following purposes: a) to provide You access to the Service, including fulfillment of Your purchase or subscription or renewal thereof, and/or maintenance or administration related thereto; b) to market, promote and advertise the Service, the Products, and/or the products, services, events, initiatives and activities (and any feature, update, modification therof/thereon) of ABS-CBN and its Affiliates; c) to customize ABS-CBN’s, and its Affiliates’ advertising, promotional and marketing activities; d) to fulfill Your requests in connection with the Service, the Products, and ABS-CBN’s and its Affiliates’ products and services; e) to conduct research, survey and perform statistical analyses of user behavior in order to measure relative consumer interest on the Service, the Products, and the various products, services and activities of ABS-CBN and its Affiliates; f) to inform advertisers or sponsors or their respective representatives how many have responded to an advertisement or promotion; g) to promote and manage ABS-CBN’s, and its Affiliates’ customer loyalty program/s, or any loyalty program that ABS-CBN may participate in; h) to pass on information to the relevant government agency or institution for fraud information; i) to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms, or as otherwise required by law; j) to transfer information if the Service is acquired by another company; k) to transfer, move, copy, record store and use Your personal information outside the country where You are visiting the Website/s, ,downloading the Application/s, accessing or using (even without registering to) the Service, and/or registering to the Service, whether for a fee or for free, subscribing to the Service and/or purchasing a Product/s; l) to be used as a basis for displaying targeted advertisements on the Service, the Website/s, and/or the Application/s; m) to respond to subpoenas, court orders or legal processes, or to establish or exercise ABS-CBN’s rights or defend legal claims against ABS-CBN; and n) to contact You and communicate with You for any of the foregoing purposes.
You agree that we may share and transfer Your personal information with, to and among the ABS-CBN’s Affiliates and ABS-CBN’s and its Affiliates’ respective employees, agents, representatives, agents and authorized service providers, and that ABS-CBN, its Affiliates, and ABS-CBN’s and its Affiliates’ service providers may use Your personal information for the foregoing purposes without further notice. You also agree that ABS-CBN, its Affiliates, ABS-CBN’s and its Affiliates’ authorized service providers, ABS-CBN’s and its Affiliates’ respective directors, stockholders, officers, employees, agents, representatives will not be liable to You for any and all claims, damages, liabilities, costs and expenses, including attorney’s fees, in connection with the permitted use of Your personal information as detailed hereinabove.
ABS-CBN, its Affiliates and Partners are located in various countries including but not limited to the United States, Canada, United Arab Emirates, United Kingdom, Spain, Australia, and Japan. By agreeing to the Privacy Notice and consenting to this offshore disclosure, you understand that ABS-CBN may not be able to, and is not required to take steps to, monitor, control , prevent or determine whether the entities mentioned, as located in various countries, are able to handle your personal information in accordance with the Australian Privacy Principles (“APP”) and that you will not be able to seek any redress under the Privacy Act for any mishandling of your personal information by said entities located outside of Australia.
We shall continue using Your personal information for the foregoing purposes until and unless we receive Your advice requesting us to refrain from or limit the use of Your personal information.
We do not sell Your personal information. We will not share Your personal information with other people or non-affiliated or non-related companies, except for some legitimate reason or purpose and only t/o trusted business partners and authorized service providers. We will limit access to Your personal information to Our and Our Affiliates’ employees, agents, and representatives who need to access Your personal information in order to accomplish their functions. Furthermore, these employees, agents and representatives are subject to confidentiality obligations.
We will not collect, use or disclose sensitive personal information, such as race, religion, or political affiliations, without Your explicit consent or if otherwise permitted by law.
You further agree to be bound to the Privacy Notice of ABS-CBN.
When you visit the Website/s and/or after successfully download the Application/s, We may give you access (whether for a fee or for free, with or without advertisements, with limited features and functionalities) to certain Content, determined by Us at Our sole discretion.
If you register with the Service, we may give you access (whether for a fee or for free, and whether with or without advertisement) to certain Content, determined by Us at Our sole discretion, on a transactional video on demand (“TVOD”) or pay-per view (“PPV”) basis, (a “TVOD Product ” or “PPV Product”), and/or of certain or several Content on a subscription video on demand or on subscription basis, whether as a specific product or not (a “Free Plan” or a “Paid Subscription Plan”), if and as available in Your country or territory (individually, TVOD Product, PPV Product, the Free Plan, a Paid Subscription Plan, may be referred to as a “Product”; or collectively, TVOD Product, PPV Product, the Free Plan, and Paid Subscription Plan/s may be referred to as the “Product/s”). Please see the My Accounts page on the Service for the available Products/s, including the price, features and terms thereof.
By purchasing a subscription plan (“Paid Subscription Plan”), You shall be able to access and watch the Content included in the Paid Subscription Plan that You have selected and paid for during the relevant subscription period/s, and under the terms thereof.
By purchasing a TVOD Product or PPV Product, You shall be able to access and watch the specific Content or title that you purchased, for and during the limited period specified therefor.
You acknowledge, understand and agree that ABS-CBN shall, at its sole discretion, determine what Content to make available on the Service, the period, schedule and extent of availability, and under which Product, to category of Users or Subscribers, and in which country/ies any Content shall or shall not be available. You also acknowledge, understand and agree that ABS-CBN may, at its sole discretion, add, withdraw, replace, suspend, modify, discontinue, or change any Product, and/or any Content, price, terms, feature/s and/or functionality/ies of the Service and/or of any Product, the schedule or period during which they may be available, and the manner in which they are delivered, and that You shall not have any recourse against ABS-CBN, its Affiliates, their directors, stockholders, employees and/or representatives in connection with ABS-CBN’s exercise of these rights, except to cancel or terminate Your Paid Subscription Plan, subject to the rules on cancellation or termination, and/or stop using the Service. You also understand, acknowledge and agree that certain content may not be available in certain territories, during certain periods, and/or on certain Devices due to rights restrictions, technological limitations, and/or legal or regulatory requirements.
ABS-CBN may insert, include, serve, show or display advertisements, commercials, pre-rolls, mid-rolls, end-rolls, banners, in-program sponsorships, branded executions, sponsored segments, of or for its own or its Affiliates’ products or services (“ABS-CBN Advertisements”) and/or of or for the products or services of third-party advertisers or sponsors (“Third Party Advertisements”) on any Content on TVOD, PPV, Free Trial, the Free Plan and/or any Paid Subscription Plan or on any Product/s, for which ABS-CBN may derive advertising or sponsorship revenue. You acknowledge, understand and agree that ABS-CBN is and shall not be liable nor responsible for Third Party Advertisements, and that You shall not have any recourse against, and shall hold free and harmless, ABS-CBN and its Affiliates, from and against any and all claims, damages, cost, liability or suit arising out of or in connection with any Third Party Advertisement on the Service, including but not limited to claims for infringement, invasion of privacy, defamation, libel.
Your access to the Service and/or any Content, and/or Product therein may vary by geographic location and may change from time to time.
Although the Service may be accessible in various countries/territories, We make no representation that the Content, materials and/or services on the Service are appropriate or available for use to all Users, in all locations. Accessing any Content, materials and/or services on the Service from countries/territories where they are illegal is prohibited. Those who choose to access the Service do so on their own initiative and are responsible for compliance with any and all relevant and applicable laws. Any offer for any product, service, and/or information made on or in connection with the Service is void where prohibited.
We may, at our sole discretion, but under no obligation, make certain Content available for temporary download and offline viewing (“Offline Content”) via the iWantTFC App on certain Devices and in certain countries/territories and for a limited period, subject to such terms, rules, period, limitations and restrictions as we may determine and implement for this purpose.
The streaming and quality of Content on the Service may vary due to different factors such as type of device, location, internet speed/bandwidth, and the type of Content (high definition etc). Please check the FAQs page for the recommended internet connection speed. To access the Service, and/or avail of or subscribe to a Product, You will need internet access. The fee that You pay us for Your TVOD Product , PPV Product, or Paid Subscription Plan does not include internet access or any fee therefor. You shall solely be responsible procuring, maintaining and paying the fees for Your internet service to Your internet service provider.
Your subscription to any Product is not transferrable.
1 MONTH FREE TRIAL
Certain users may be eligible to start a Paid Subscription Plan with a one (1) month free trial, which may be availed of only once and is subject to specific terms and conditions provided at sign-up (the “1-Month Free Trial”). If You are eligible, the 1-Month Free Trial will entitle You to access the Paid Subscription Plan that You select, without paying the subscription fee for such plan for a period of one (1) month from the time that You submit Your payment details and Your trial is successfully activated (the “Free Trial Period”). For purposes of these Terms, one (1) month shall mean one calendar month, e.g., if Your trial is activated on February 1, the Free Trial Period will end on February 28/29; if Your trial is activated on March 5, the Free Trial Period will end on April 4; if Your free trial is activated on April 15, the Free Trial Period will end on May 14.
We reserve the right to determine who will be eligible for the 1-Month Free Trial to, among others, prevent free trial abuse. Eligibility may vary based on several factors including, but not limited to, any previous subscription to a paid subscription plan, previous availment of any free trial, free plan, or under a complimentary or promotional plan. We may also use information such as method of payment and/or account email address used with any existing or recent paid subscription plan to determine eligibility for the 1-Month Free Trial. Certain limitations may also exist with respect to combining the 1-Month Free Trial with any other offers. Our decision on whether a user will or will not be eligible for the 1-Month Free Trial is final and not subject to appeal.
We or our authorized payment service providers may temporarily charge or withhold a minimal amount for purposes of validating Your credit card, debit card, or any other payment method You chose, as applicable. If the amount is successfully charged or withheld, it will be returned to Your account in your chosen payment method and will not be reflected as a charge on Your credit card statement, statement of account, or any equivalent statement.
We reserve the right to withdraw, suspend, discontinue, modify, or not make available the 1-Month Free Trial in any country or territory, and/or to any person, without prior notice and with no liability.
If eligible and unless You cancel Your 1-Month Free Trial before the end of the Free Trial Period, You will be charged the monthly subscription fee corresponding to the Subscription Plan that You selected, on the 1st day of the month after the end of Your 1-Month Free Trial, through the payment method that You provided, and every month thereafter on a recurring/Automatic Payment basis, unless and until You cancel Your paid subscription or Your enrolment to the recurring or Automatic Payment. In order to avoid being charged for the monthly subscription fee for the selected Paid Subscription Plan, You must cancel Your subscription not later than one day before the last day of Your Free Trial Period. In the examples above, if Your free trial is activated on February 1, You may cancel Your Free Trial not later than February 27/28; if Your trial is activated on March 5, You may cancel Your Free Trial not later than April 3; if Your free trial is activated on April 15, You may cancel Your Free Trial not later May 13.
You may cancel Your 1-Month Free Trial any time during the Free Trial Period by going to the My Accounts Page on the Service and clicking the “CANCEL PLAN” button. If You cancel Your 1-Month Free Trial within the Free Trial Period, cancellation may be made effective at the end of the Free Trial Period. Thereafter, You will only be able to access the Content under a Free Plan or such other select content as we may determine, unless You purchase a Paid Subscription Plan.
You must pay the applicable fees to avail of a TVOD Product, a PPV Product and/or subscribe to any Paid Subscription Plan. In such case, You may only begin viewing the Content under the relevant Product purchased once payment of the required fees in accordance with Your chosen Product/s has been confirmed by our system. The fees for any Product/s are payable in advance. You may pay for Your selected Product/s directly by using any of the following authorized payment methods, depending on their availability in Your country or territory: by Your credit card, by using Your PayPal account, by purchasing and loading pre-paid cards/electronic pins/vouchers, through authorized direct carrier or telco providers, or by other payment methods that may be available in Your country or territory.
- Credit Cards – You may use any major credit card to pay for Your selected Product/s, provided that credit card payment is available in Your territory.
- PayPal Account – By using Your PayPal account, Your credit card and/or account enrolled with PayPal will be charged for the payment of Your chosen Product/s.
- Pre-paid cards/ Electronic Pins/Vouchers - The pre-paid card/electronic pins/vouchers may be purchased from ABS-CBN Offices and authorized distributors and dealers.
- Direct Carrier or Telco Providers – You may choose to pay through Your Direct Carrier or Telco Provider as may be available in Your country or territory.
- Other Payment Methods–other payment methods which may be available in Your territory.
If You use the Service, or availed of, or subscribed to any Product/s on Devices such but not limited to as Roku, and/or through the Application via Apple iTunes or Google Play Store, You understand and agree that the fees for the Product that You availed of, purchased or subscribed to will be charged to Your Roku, Apple iTunes or Google Play Store account upon the confirmation of purchase. You confirm that You have read, understood and agree to be bound by the terms and conditions and privacy policies of such authorized third party service providers. You agree and acknowledge that We are not responsible, and do not assume any responsibility or liability for the actions, omissions, products and/or content of these third party payment service providers, third party service providers and/or resellers, and that You will hold Us free and harmless from and indemnify Us for any and all liabilities, damages, losses and costs (including attorney’s fees) awarded against or suffered by Us or Our Affiliates in connection with Your correspondence or dealing with them, and/or use or availment of their services.
AUTOMATIC PAYMENT AUTHORIZATION
By selecting credit card, PayPal account, direct carrier billing or other available modes of payment other than pre-paid card/ electronic pins/vouchers as Your mode of payment, YOU AUTHORIZE US TO BILL YOU FOR YOUR SELECTED IWANTTFC PAID SUBSCRIPTION PLAN ON A RECURRING BASIS FOR THE SAME SUBSCRIPTION PERIOD AND CHARGE THE SAME AMOUNT OF THE SUBSCRIPTION FEE TO THE SAME CREDIT CARD, PAY PAL ACCOUNT, DIRECT CARRIER, OR YOUR ACCOUNT WITH OTHER MODES OF PAYMENT THAT YOU USED TO PAY FOR YOUR SUBSCRIPTION, (“Automatic Payment”) UNLESS YOU CANCEL YOUR SUBSCRIPTION. PLEASE SEE CANCELLATION OF AUTOMATIC PAYMENT BELOW. Your subscription period shall start on the date when we confirm receipt of Your payment for the Paid Subscription Plan you chose, and shall end on the last day prescribed under Your chosen Paid Subscription Plan. We shall send an email to Your registered email address to confirm that Your credit card, PayPal account, direct carrier or account with other modes of payment will be subject to Automatic Payment. You may also check the status of your Automatic Payment on the My Account page.
CANCELLATION OF AUTOMATIC PAYMENT
You may cancel Automatic Payment by visiting the My Products Tab on Your My Account Page and clicking the EDIT link to disable the subscription to Automatic Payment. If you cancel Automatic Payment at least three (3) days prior to the last day of Your current subscription, it will take effect immediately and your susbscription to your iWantTFC Paid Subscription Plan will no longer be renewed. However, if You cancel Your Automatic Payment less than 3 days prior to the last day of Your existing subscription, Your subscription to your iWantTFC Paid Subscription Plan shall still be renewed for another subscription period and you will be charged the same amount of the subscription fee for said Plan under the same payment method you used in purchasing said Plan. Your subscription will no longer be renewed thereafter.
When You cancel Automatic Payment, You will continue to have access to Your Paid Subscription Plan until the end of Your current subscription period. Thereafter, You will have access to Content on the Service under the Free Plan or to such other select Content as we may determine, unless You purchase a Paid Subscription Plan again.
To the extent permitted by law and/or applicable rules/regulations, we do not provide refunds or credits for the balance or remainder of Your current subscription period when You cancel Your Automatic Payment. However, there may be instances in which ABS-CBN may give proportionate refund at its sole discretion.
For Subscription Plans purchased on Roku, Apple iTunes or Google Play Store, You may opt-out or cancel Automatic Payment by going to Your Roku, Apple iTunes or Google Play Store Account Settings and turning off automatic renewal or automatic payment option at least 24 hours prior to the last day of Your existing subscription. For more details, please visit the Help Center.
Cancellation of Automatic Payment may also be referred to as Cancellation of Subscription.
US SANCTIONS AND EXPORT POLICY
You warrant that You are accessing the Service from a territory that is not included in the list of territories sanctioned by US Embargo and Sanction Laws. You are not allowed to use the Service if You are subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country or territory where You are using the Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
IWANTTFC PROGRAMS AND CONTENT
You may only access the Service and view the Products for personal and for a non-commercial purpose (“Right to Use”). You further acknowledge that the Service and Products are the sole exclusive property of ABS-CBN, and/or its Affiliates. The Service and Products are protected by copyrights, trademarks, service marks, patent or other proprietary rights and all applicable local, federal and international laws. Your subscription and Right to Use does not grant, convey or otherwise transfer any license, sublicense or ownership of any such Products. You agree not to sell/resell, digitally stream, broadcast or disseminate, modify, rent, lease, distribute or create derivative works based on Products or retain any copy/duplicate of any Products subsequent to the termination of Your subscription, in whole or in part, absent the prior express written authorization of ABS-CBN. The Right to Use is expressly limited to each properly registered and subscribed user only and may not be assigned or transferred to any third party.
If we engage in a successful intellectual property enforcement action due to Your unauthorized action resulting to loss, theft, pirating, copying, and/or unauthorized duplication of any programs, we will be entitled to recover from You the reasonable fees, costs, and expenses incurred in so enforcing its intellectual property.
If You become aware of any infringement of any copyright or trademark in the Service or any of the Products, You agree to immediately notify ABS-CBN and You shall cooperate with ABS-CBN in taking such actions as ABS-CBN may designate in order to stop such piracy.
If You access any Product with sensitive, graphic, adult and/or mature content, language and/or theme (“Adult Content”), You represent that You are of legal age or are of age of majority in the applicable jurisdiction to access and view such Adult Content. You further warrant that You shall be responsible for ensuring that all persons viewing or accessing such Products under Your Right of Use and subscription are of legal age as well.
USER CONTRIBUTIONS, REVIEWS AND COMMENTS
We may provide users with interactivity tools on the Service, the Website/s, and/or the Application/s where You may publish, transmit, submit or post Your own content, reviews and comments (collectively, "Post") directly relevant to the Content on the Service, the Website/s and/or the Application/s. If We provide such tools, YYou hereby grant ABS-CBN, and its Affiliates, an absolute, irrevocable, royalty-free and non-exclusive, perpetual, worldwide right to use any such Posts, in whole or in part, in any and all media worldwide to market, promote and advertise the Service, the Products and its other products and services. You also grant ABS-CBN the right to attribute to You the Posts You published, transmitted, submitted or posted.
Posts will be deemed user contributed materials and shall be subject to the policies regarding User Posted Material detailed herein.
ABS-CBN reserves the right to remove, delete, deactivate, suspend or discontinue the interactivity tools, features or facilities on the Service, the Website/s, and/or the Application/s where users or subscribers my Post. Further, ABS-CBN also has the sole and full discretion to restrict, edit, remove, exclude, limit or delete any Posts, such as but not limited to those that contain content or language that is objectionable, offensive, discriminatory, abusive, or violative of any laws, rules and regulations, such as, but not limited to: a.) harsh, profane indecent, offensive or discriminatory language; b.) illegal, obscene, defamatory or objectionable materials; c.) personal information, URLs, phone numbers, contact information, home, office, mailing or e-mail addresses; d.) personal attacks on another person or entity; e.) unauthorized advertising or promotional materials or any form of solicitation; f.) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or computer hardware or telecommunication equipment; g) violates the privacy, intellectual property, or any other right or any person or entity. Violation of the foregoing may also result in the immediate suspension or termination of Your Account. Additionally, in the event of any injury or damage to either ABS-CBN, its Affiliates or any user of the Website/s and/or Application/s or subscriber of the Service, arising out of or in connection with Your violation of any of the foregoing, You may be liable for any and all applicable civil and/or criminal penalties.
You further agree not to collect, share or store personal data about other users of the Website/s and/or Application/s and/or subscribers of the Service. You also agree not to claim the identity of or misrepresent another person.
You understand and agree that ABS-CBN and its Affiliates will store the materials or communication subject of Your Posts on its servers. Such materials will be subject to the Privacy Notice detailed hereinabove or as posted on the Service, the Website/s, and/or the Application/s.
USER POSTED MATERIAL
You understand and agree that all information, data files, content, still photos, audio, video and/or audio visual materials, written text, comments, Post(s) or other images (collectively “Material”), which are made submitted, shared or otherwise made available by any subscriber/s or users, past and present, through or on or related to the Service are the sole responsibility of the person who submitted, shared or made available such Material.
You agree not to use the Service, the Website/s, and/or the Application/s, whether directly or indirectly, to:
a.) make upload or make available any of the following (including in any Posts or through links to content described below):
i) harsh, profane indecent, offensive or discriminatory language;
ii) illegal, obscene, defamatory, threatening, harassing or objectionable materials;
iii) personal information, URLs, phone numbers, contact information, home, office, mailing or e-mail addresses (except where expressly requested by ABS-CBN or its Affiliates);
iv) personal attacks on another person or entity;
v) unauthorized advertising or promotional materials or any form of solicitation;
vi) software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or computer hardware or telecommunication equipment;
vii) material that infringes a third party's copyright, patent, trade mark, trade secret or other proprietary rights or intellectual property rights, confidentiality or privacy;
viii) material that is false or misleading;
ix) material that constitutes criminal content or content that might encourage any criminal activity or otherwise constitute a basis for legal proceedings;
x) material that causes any damage to ABS-CBN or its Affiliates; or
xi) material that breaches the Terms;
b.) impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; or
c.) use the Service, the Website/s, the Application/s, Content or Products for any unlawful purpose.
Breach of any of the foregoing will result in the immediate suspension or termination of Your account.
Additionally, in the event of any loss or damage resulting from such violation to either ABS-CBN, its Affiliates or other registered third party iWantTFC users, You may be subject to all applicable civil and/or criminal penalties.
ABS-CBN does not endorse any Material posted by the subscribers and/or users and such Material does not reflect the opinion or policies of ABS-CBN and its Affiliates, nor of their employees, directors, shareholders, officers, agents, or representatives. You agree to waive any legal or equitable right or remedy You may have against ABS-CBN and its Affiliates, their employees, directors, shareholders, officers, agents, or representatives with respect to any Material posted by a subscriber or user on the Service.
By Posting a Material, if such facility is provided by the Service, You represent and warrant that You own the Material posted or submitted or that You have obtained permission from the rightful owner of the Material to Post, use or display it on iWantTFC, including but not limited to person/s whose faces, names and/or images appear therein or mentioned thereon, or the persons who own or have the right in and to any and all elements in and to the Materials. You also hereby grant ABS-CBN, and its Affiliates, an absolute, unencumbered, perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use the Material in whole or in part, in any and all media or platform now existing or hereinafter developed. You also represent and warrant that the Posting of the Material does not violate the right of any party or entity, including but not limited to invasion of privacy or infringement of intellectual property rights.
You agree to indemnify and hold ABS-CBN, its Affiliates, their employees, directors, shareholders, officers, agents, or representatives, free and harmless from and against any claim, suit, liability or damages which may arise out of or in connection with any Material which You submitted to or Posted on the Service. You also grant ABS-CBN and its Affiliates a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish and distribute the Material, in whole or in part, You Post or make the same available on the Service or any platforms or channels or ABS-CBN and its Affiliates. You further agree not to exercise moral rights against ABS-CBN or any other person who succeeds to the same rights from ABS-CBN or a licensee thereof.
We reserve the right, but shall have no obligation, to pre-screen, review, edit, modify, flag, refuse or remove any Material You make available in the Service upon our reasonable belief that such Material is offensive, indecent, objectionable, infringes the right of a person or entity, or for any reason whatsoever at any time.
You may be exposed to Material made available or Posted by other subscribers or users on the Service, if such facility is provided or allowed, that You may find offensive, indecent or objectionable. In such case, please advise us of such Material by going to the Help Center page. However, You hereby expressly acknowledge and accept that certain Material may be posted or contained on the Service, the Website/s and/or the Application/s that may be in opposition to Your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.
ADVERTISEMENTS AND LINKS
The Service provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not review, endorse nor warrant the offerings or any of these businesses. We are not responsible for examining or evaluating, to the extent permitted by law, and we do not endorse nor warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). You agree and acknowledge that ABS-CBN is not responsible and does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties, and that You will hold us free and harmless and indemnify Us for any and all liabilities, damages, losses and costs (including attorney’s fees) awarded against or suffered by ABS-CBN or its Affiliates, in connection with Your correspondence or dealings with third parties, and/or Your use or availment of their services. You should carefully review their privacy statements and other conditions of use.
SOCIAL MEDIA SITES LINK
You have the option to connect Your iWantTFC account to Your Facebook, Twitter or other social media account (collectively “Social Media Accounts”). In case You select this option, all of Your activities in Your account will be posted automatically to Your Social Media Accounts. Please note that only one account for each type of social media can be connected to Your iWantTFC account.
We encourage You to review Your Social Media Accounts’ Privacy Settings and Privacy Notice so that You can understand how Facebook, Twitter and other social media collect, use and share Your information. We are not responsible for the information used, collected or shared by Facebook, Twitter and other social media.
From time to time, we may conduct promotions and contests on or through the Service, which You may access (“Promotion”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to You. The Promotion Rules for each Promotion in which You participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is Your responsibility to read the Promotion Rules to determine whether or not Your participation, registration or entry will be valid or restricted, and to determine Your participation requirements.
INTELLECTUAL PROPERTY INFORMATION
All Content of the Website are: © 2020 - 2021 ABS-CBN or its Affiliates, All Rights Reserved.
By accepting these Terms, You acknowledge and agree that all Content presented to You on the Service is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of ABS-CBN and/or its Affiliates, or their respective content providers/licensors. You are only permitted to use the Content as expressly authorized by Us or the specific content provider/licensor. You may not and shall not copy, reproduce, modify, adapt, process, create derivative works, republish, upload, post, publicly display, offer to the public via communication, transfer to the public, transmit, sell, lease, or distribute any Content, material, documents, information (in whole or in part) of or from or any part of Service in any manner, form or by any means without prior written permission from Us, and You are solely responsible for obtaining any and all necessary consents and permission before reusing any copyrighted material that is available on the Service. Your unauthorized use of any Content, materials, or information appearing on the Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties, and/or in the termination of all Your rights under these Terms, without prejudice to any other rights or remedies which We may have against You at law or in equity. In such event, You must immediately cease any and all use of the Service, and You hereby undertake to do so.
Neither We nor Our Affiliates warrant or represent that Your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
You acknowledge that ABS-CBN and/or its Affiliates owns and/or has the exclusive right to use the following trademarks, trademarks or service marks, including but not limited to: the iWantTFC mark, the iWantTFC logo, the TFC mark, the TFC logo, the ABS-CBN mark, the ABS-CBN logo and/or other trademarks and logos related to iWantTFC, TFC and ABS-CBN respectively, all shows, custom graphics, icons, the programs and Content on the Service, (collectively, the “ABS-CBN Marks”). You agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof. You also acknowledge that other marks or logos, used in connection with iWantTFC, TFC and/or ABS-CBN are owned by third parties who have licensed their use to ABS-CBN and/or its Affiliates, and agree not to use or display any of them in any manner, and/or not to assert any right or claim thereto or ownership thereof.
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.
USE OF MATERIALS
Subject to Our Privacy Notice, any communication or material that You transmit to the Service or to Us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Us and Our agents and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.
We respect the intellectual property of others, and We ask You to do the same.
INTERRUPTION OF SERVICE
We reserve the right to suspend or interrupt use of and/or access to the Service, or any of its features and/or functionalities from time to time, in whole or in part, with or without prior notice, in order to perform maintenance, repairs, upgrades, or introduction of new features and/or functionalities.
You acknowledge that the access to the Service may be interrupted for reasons beyond Our control, and We cannot guarantee that You will be able to access the Service whenever You may wish to do so. We shall not be liable for any interruption and/or access delay or failure to the Service resulting from any causes beyond Our reasonable control or for any disruptions arising from or attributable to Your actions.
We may also modify, suspend, discontinue or terminate, temporarily or permanently, Your Account, the Service, the Website/s, the Application/s, including any of the Service’s, the Website/s’, and/or the Application/s’ features, and/or Your access to all or any part of the Service, the Website/s, and/or the Application/s (including Your Account), at any time, with or without cause, with or without notice, effective immediately, including, without limitation, for breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your Account and may be referred to appropriate law enforcement authorities. Upon modification, suspension, discontinuance or termination, regardless of the reasons therefor, Your rights to use the Service immediately ceases, and You acknowledge and agree that we may immediately deactivate Your Account and all related information and files in Your Account and/or bar any further access to such files or the Service. You acknowledge that ABS-CBN will not be liable to You or to any third party for any claim, loss or liability arising from or in connection with the modification, suspension or discontinuance of Your Account or any other actions taken by ABS-CBN in connection with such modification, suspension, discontinuance or termination.
A notice advising You of the modification, suspension or termination of Your Account may be sent to the email address that You used during registration, or Your email address on file. In case we suspend Your Account, Your subscription expiry date may be adjusted upon re-activation of Your subscription depending on the reason for the suspension. In case of termination of Your Account, You will not be entitled to any refund to the extent allowed by law.
In case of termination of Your access and/or of Your Account, the same shall be without prejudice to any other rights or remedies that ABS-CBN may have at law or in equity.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, disclaimers, indemnity and limitations of liability.
We disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. You agree and acknowledge that we shall have absolutely no liability in connection with the provision of the Service, or Your subscription to any Product/s including, but not limited to, any liability for damage to Your computer hardware, data, information, materials and business resulting from Your use of the Service, the Website/s, and/or the Application/s.
Insofar as Social Media Accounts are dependent upon the third party social media website(s) and application(s) companies, ABS-CBN and its Affiliates make no warranty, express or implied, as to the compatibility, integration and/or functional compatibility of Your Account and such Social Media Accounts.
You agree and acknowledge that We make no warranty, representation or guarantee as to the content, sequence, timeliness, accuracy or completeness of the Service, or that the Service will be uninterrupted, secure or error free, or that any defects in the Service can be corrected, or that the Content, services and/or materials will meet Your requirements, or that the results obtained from the use of the Service will be effective, accurate or reliable; or that the quality of any Content, services, materials, information obtained by You from the Service will meet Your expectations or be free from mistakes, errors or defects.
The Service, the Website/s, and or the Application/s may include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and the services on the Service, the Website/s, and/or the Application/s, including descriptions of any services therein, at any time without notice. The materials or services on the Service, the Website/s, and/or the Application/s may be out of date, and We make no commitment to update such materials or services.
The use of the services, the downloading or other acquisition of any materials through the Service, the Website/s, and/or the Application/s is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
Content available on or through the Service often represents the opinions and judgments of an information provider, User, or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of ABS-CBN speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available on the Service, the Website/s, and/or the Application/s may occur as normal events. You further understand and agree that We have no control over third party networks which You may access in the course of the use of the Service, the Website/s, and/or the Application/s and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the services available on the Service are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR FUTURE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH (i) THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE/S, AND/OR THE APPLICATION, OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE SERVICE, THE WEBSITE/S AND/OR THE APPLICATION/S OR (ii) ANY OTHER MATTER RELATING TO THE SERVICE, THE WEBSITE/S, AND/OR THE APPLICATION/S.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Either party shall indemnify and hold each other harmless against any and all damages, liabilities, costs and expenses, including attorney’s fees, arising from or connected to the other party’s breach of obligations under these Terms.
You further agree to cover Us, Our Affiliates, Our Partners and Our and Our Affiliates’ and/or Partners’ respective directors, officers, shareholders, employees, agents, representatives for all incurred damages, liabilities, costs and expenses, including attorney’s fees, arising from claims made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your subscription to the Product/s, Your use of the facilities of the Service, Your failure to abide by the Terms, or your breach of any of your representations, warranties or obligations under the Terms, Your misuse of the Service, Your violation of the rights of any person or entity, or Your violation of any applicable laws.
NO LEGAL RELATIONSHIP
These Terms and the use of the Service, Our databases and data, including Your uploading of any data and contents onto the Service, 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 You and ABS-CBN or any of its Affiliates. Your use of the Service for Your enjoyment and benefit constitutes the sole and sufficient consideration for any contribution You have to the Service and any other data.
The Laws of Australia shall govern these Terms and Our relationship as service provider and subscriber without regard to conflict of law provisions.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Service, or use of or access to the Service.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision/s of the Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision/s shall not affect the other provisions of the Terms. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision/s. All the other provisions of the Terms not affected by such invalidity or unenforceability shall 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience and have no legal or contractual effect.
For more information on the system requirements of iWantTFC, please visit the Help Center.
If You have any questions or comments, please go to the Help Center.
Updated on: 15 October 2021