Terms of Service
1. DESCRIPTION OF SERVICE
TFCnow is an online content distribution service by the subsidiaries and affiliates of ABS-CBN Global Hungary Kft.
(Luxembourg branch) (collectively, “ABS-CBN”) providing primarily video and audio content streams and downloads of
television and radio shows, movies, music and other entertainment content from ABS-CBN Broadcasting Corporation,
its subsidiaries and affiliates, and other content providers (the “Service”).
2. USE AND AVAILMENT OF THE SERVICE AND ACCEPTANCE OF TERMS
2.1. Use and availment of TFCnow are subject to the following Terms of Service and its
amendments (the "Terms of Service"). ABS-CBN may also post guidelines or rules applicable to
TFCnow and said guidelines or rules are hereby incorporated by reference into the
Terms of Service. By availing of to TFCNow and/or using the Service, you acknowledge that
you have read and understood these Terms of Service and expressly and voluntarily agree to
strictly observe and comply with these Terms of Service.
2.2 User’s licenses for, and/or access to the use of the Service are subject to
the following guidelines:
(a) User is required to log-in using User’s username and password in order to view
certain content (e.g. payment-required content) and utilize select functionalities on the site.
(b) Payment-required content can be viewed in any location on any computer device that
has the necessary minimum technical requirements for as long as the subscription is
active and the User is logged-in.
Technical Specifications
(1) User should have Windows Media Player 11 and any browser in your computer.
(2) User’s internet connection will have to be a broadband connection of at least 512 kbits/s *.
(3) Watching TFCnow videos requires spare bandwidth of at least 450 kbits/s (56.25 Kb/s), which should allow any User on a 512k connection or above to watch successfully, provided the User is not using the connection for other things at the time.
(4) To view the high resolution streaming video content, User’s internet connection will have to be a broadband connection of at least 2500 kbits/s *.
(5) Watching TFCnow videos requires spare bandwidth of at least 2000 kbits/s (250 Kb/s), which should allow any User on a 2500k connection or above to watch successfully, provided the User is not using the connection for other things at the time.
(6) As of the moment, the system works best with Windows OS. The service is not available on Macintosh OS.
(c) Subscription to payment-required content begins once payment of the required subscription
or pay-per-content fees in accordance with the chosen Service package has been confirmed
by ABS-CBN’s system. ABS-CBN shall send a confirmation e-mail message to the User that
ABS-CBN has accepted User’s payment to access the payment-required content and that the
paid subscription has begun.
2.3 ABS-CBN reserves the right at any time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice to the User.
User hereby agrees and acknowledges that ABS-CBN shall not be liable to the User or to any third
party for any claim, loss or liability arising from or in connection with the modification,
suspension or discontinuance of the Service.
3. OBLIGATIONS OF USER
To enable the User to use and access the Service, User agrees to:
3.1 Register an email address, which shall be the User’s username, and password through
the TFCnow website. User agrees to keep the username and password confidential and not to disclose
the username and password to any other person. Username and password sharing is prohibited.
User agrees to inform ABS-CBN of any unauthorized use of User’s account or any other breach of security.
User agrees to assume full responsibility for all activities and transactions under the User’s account
and understands that any and all transactions and activities using the User’s account shall
be recognized by ABS-CBN as valid and legitimate;
3.2 Pay the required subscription or pay-per-content fees in accordance with the Service package
chosen by the User. User agrees that the subscription shall commence once User’s payment of the
required subscription fee in accordance with the chosen Service package has been confirmed by ABS-CBN’s system.
If payment of the Subscription Fee for the relevant Service is received by ABS-CBN’s system,
ABS-CBN shall send the User a confirmation e-mail message that ABS-CBN received User’s payment
to access the payment-required content and that User’s paid subscription has begun. Users availing
of the autorenewal subscription shall be automatically billed for each subscription period. The subscription
or pay-per-content fees are non-refundable.
3.3 Log-in, using User’s username and password, in order to watch the content and the
programs in the TFCnow website.
3.4 Pay for any and all third party fees necessary to enable the User to use and access
the Service such as internet service provider fees and fees for third party
providers of internet access.;
4. REPRESENTATIONS OF USER
4.1 User also hereby represents that User is of legal age to form and execute a binding contract
and is not a person barred from receiving the Services under the laws of the Philippines
or other applicable jurisdiction.
4.2 User also acknowledges that certain content provided by the Service may contain adult or mature
content. User represents that User is at the legal age of majority in the applicable jurisdiction to
access and view such content.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
5.1 The Services are provided "AS IS", without warranties of any kind. ABS-CBN expressly disclaims
any representations and warranties, including without limitation, the implied warranties of merchantability
and fitness for a particular purpose. User agrees and acknowledges that ABS-CBN shall have absolutely no
liability in connection with the provision of the Service including, but not limited to, any liability for
damage to User’s computer hardware, data, information, materials and business resulting from the User’s use
of the Service. User agrees and acknowledges that ABS-CBN makes no warranty, representation or guarantee as
to the content, sequence, accuracy, timeliness or completeness of the Service or that the Service will be
ninterrupted or error free or that any defects in the Service can be corrected.
5.2 User agrees and acknowledges that ABS-CBN shall not be liable to the User for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if ABS-CBN has been advised of the
possibility of such damages), resulting from: (i) the User’s use or User’s inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered into through or from the Service; or
(iii) any other matter relating to the Service.
6. INDEMNITY
6.1 User agrees to indemnify and hold ABS-CBN and its parent company, subsidiaries, affiliates, directors,
officers, agents, or other partners, and employees, free and harmless from and against any and all claims,
damages, liabilities, costs and expenses, including attorney’s fees, arising from the unauthorized use of
User’s account, email address and password, the security and protection of which is User’s sole responsibility.
6.2 User agrees to indemnify and hold ABS-CBN, and its parent company, subsidiaries, affiliates, directors,
officers, agents, or other partners, and employees, free and harmless from and against any and all claims,
damages, liabilities, costs and expenses, including attorney’s fees, made by any third party due to or arising
out of User’s use of the Service, User’s connection to the Service, User’s violation of the Terms of Service,
or User’s violation of any rights of another.
6.3 User agrees to indemnify and hold ABS-CBN and its related companies as defined under Section 10 hereof and
ABS-CBN’s and its related companies’ officers, agents, directors, stockholders and employees free and harmless
from and against any and all damages, liabilities, costs and expenses, including attorney’s fees, in connection
with the use of the User’s information as defined under Section 10 hereof.
7. SUSPENSION AND TERMINATION
7.1 ABS-CBN may, at its sole discretion and without prior notice, immediately terminate User’s subscription
and refuse User’s current or future use of the Service or any portion thereof on any of, but not limited to,
the following grounds:
a. breaches or violations by the User of the Terms of Service or other incorporated agreements or guidelines;
b. requests and/or orders by law enforcement or other government agencies;
c. a request by User (self-initiated account deletions);
d. discontinuance or material modification to the Service (or any part thereof);
e. unexpected technical or security issues or problems.
8. ADVERTISERS/LINKS
8.1 User agrees and acknowledges that User’s correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings, are solely between
the User and such advertiser. User agrees and acknowledges that ABS-CBN shall not be responsible or liable for any
loss or damage of any sort incurred by the User as a result of any such dealings with the advertiser or as a result
of the presence of such advertisers on the Service.
8.2 The Service may also provide links to other internet sites. User agrees and acknowledges that ABS-CBN shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with User’s use of or User’s reliance on any content, goods or services available in or through any
such internet sites.
9. INTELLECTUAL PROPERTY RIGHTS
User acknowledges that ABS-CBN has rights to “TFCnow” mark, TFCnow logo, and other related TFCnow marks
(the “ABS-CBN Marks”). User agrees not to display or use the ABS-CBN Marks in any manner without ABS-CBN’s prior
written consent.
User further acknowledges that the Service and its contents are protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
10. PRIVACY POLICY
ABS-CBN respects the privacy of our Users. We are committed to safeguarding the personal information (the “information”)
that the User shares with us, and guaranteeing its security.
ABS-CBN will not rent, sell, provide or share User’s information with other people or non-affiliated or non-related
companies, except as otherwise requested from and allowed by the User. ABS-CBN limits access to the information to
its employees who only need to come into contact with the information for any of the purposes listed below, and in
order to do their jobs, and are obliged to keep the information confidential. ABS-CBN will not use the User’s information
beyond the purposes and conditions specified below, or as requested from and allowed by the User in specific instances
not mentioned below.
User agrees and allows ABS-CBN, its parent companies, subsidiary/ies, affiliate, and trusted business partners or
third-party processors (collectively, “ABS-CBN and its related companies”) to use the information which User provides,
or any other personal information which User may hereinafter provide at any time, at the sole discretion of ABS-CBN and
its related companies, and for any of the following purposes: a) to provide the Service; b) market, promote and
advertise its products, services, and activities; c) to customize its advertising and marketing activities; d) to
fulfill your requests for products and services; e) to conduct research, and perform statistical analyses of user
behavior in order to measure relative consumer interest on various products and services; f) to inform advertisers or
sponsors how many have responded to an advertisement or promotion; g) to promote and manage its customer loyalty program;
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 of Service, or as otherwise required by law; j) to transfer information
if the Service is acquired by another company; k) to transfer information outside the country where the User subscribed
to the Service; l) to be used as basis for displaying targeted advertisements in the TFCnow website; m) to respond to
subpoenas, court orders, or legal processes, or to establish or exercise ABS-CBN’s rights or defend against legal
claims against ABS-CBN, and/or n) to contact and communicate with the User for any of the foregoing purposes.
User likewise waives any requirement for further notices from ABS-CBN and its related companies on:
1) when User’s information would be used for the foregoing purposes;
2) the specific information to be used for the foregoing purposes;
3) the specific purposes for which User’s information will be used; and
4) the recipients or classes of recipients to whom User’s information is or may be disclosed.
If at any time User wishes to receive information on the manner relating the processing of the information provided,
to stop receiving communications from ABS-CBN and its related companies, or to revoke the permission granted herein
to ABS-CBN and its related companies, User may contact ABS-CBN at the following contact details:
ABS-CBN Global Ltd.
9th Floor, ELJ Communications Center,
Eugenio Lopez Drive, Quezon City, Philippines
Tel No. 415-2272
ABS-CBN may also set and access ABS-CBN cookies on User’s computer for providing more efficient and customized web-browsing.
Advertisers or other companies shall not have access to ABS-CBN’s cookies.
12. MISCELLANEOUS
a. The Terms of Service and its amendments constitute the entire agreement between ABS-CBN and the User and govern
User’s use of the Service, superseding any prior agreements between ABS-CBN and the User. The User agrees and acknowledges
that the Terms of Service can be subject to future amendments without prior notice to the User.
b. The Terms of Service and the relationship between ABS-CBN and the User shall be governed by the laws of the Philippines
without regard to its conflict of law provisions. ABS-CBN and the User agree to submit to the personal and exclusive
jurisdiction of the appropriate courts of the Philippines.
c. The failure of ABS-CBN to exercise or enforce any right or provision of the Terms of Service shall not constitute
a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
d. User agrees 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 of Service must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
e. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Service to our Customer Service.
