LINKS TO THIRD PARTY SITES
Other than the web pages operated by ABS-CBN which are linked to the Website, the Website may contain links to other websites (collectively, the "Linked Sites"). The Linked Sites are not under the control of ABS-CBN and ABS-CBN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABS-CBN is not responsible for webcasting or any other form of transmission received from any Linked Site. ABS-CBN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABS-CBN of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to ABS-CBN that you will not use the Website, 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 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. 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 Websites.
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 this Agreement;
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 of 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 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 allow 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.
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.
CONTENT SPACE TERMS AND CONDITIONS
Thank you for sharing with and publishing your content (“Content”) on a website (“Website”) and other digital platform/s (“Digital Platform”) of ABS-CBN Corporation, a company duly organized and existing under the laws of the Republic of the Philippines, with business address at Mother Ignacia corner Sgt. Esguerra Street, Quezon City 1103, Philippines (including its affiliates and subsidiaries, “ABS-CBN”/ “we” or “us”).
1. In exchange for our providing you with this platform for expression and with vast potential exposure to ABS-CBN readers, which you agree is sufficient and valuable consideration, you grant us, for a period of one (1) year from the date of publication of your Content on the Website (the “License Term”), an exclusive, worldwide, royalty-free license to use, publish, reproduce, modify, adapt, license, sublicense, distribute, sell, perform, translate, and display your Content (including any drawings, images, sounds, video recordings, or other data embedded in your Content and including adaptations or derivative works based on your Content) for any purpose, in any language, and in any manner or medium (now existing or hereafter developed) (the “Rights”). All Rights granted to us pursuant to this Agreement are irrevocable and vest immediately upon publication of your Content on the Website. Subject to the aforementioned grant of license rights in favor of ABS-CBN, you retain ownership of the copyright in your Content. If you decide to republish your Content elsewhere after the License Term, you agree to include the following disclosure: “Previously published by ABS-CBN.”
2. You represent and warrant to us that your Content is an original creation and that, prior to your submission of your Content to ABS-CBN for publication, your Content was not and has never been published anywhere in any other platform. You agree to only upload Content that you fully own and control (including any drawings, images, sounds and/or sound effects, video recordings, video images, or other data embedded in your Content and including adaptations or derivative works based on your Content), except in cases where you are allowed usage rights to contents from other content owners. We reserve the right to require from you proof of ownership, licenses and/or authority and consent from third parties to use the Content.
3. We may publish without restriction other content on the same or similar topics as that of your Content. We make no representations, warranties, or promises whatsoever regarding the nature or level of exposure that you or your Content will receive through ABS-CBN, and you agree that we have no obligation to you under this Agreement, or under any law, or in equity, in connection with any of your Content that we may use. We expressly disclaim all warranties of any kind, express or implied including, without limitation, any warranty of merchantability, quiet enjoyment, or fitness for a particular purpose.
4. If we decide to publish your Content, your name, picture/s, and/or profiles, as you provided in your submissions forms, may appear on the by-line. However, If you wish to have your Content published under the name “Anonymous” please advise us on our submissions form (we will still need your real name and email address on our submissions form). While we will endeavor to honor requests to publish content anonymously, we make no guarantee that your Content will be published anonymously and we disclaim any responsibility whatsoever for any harm resulting from not publishing your Content anonymously. Moreover, even if your Content is published anonymously, we make no guarantee that your identity will remain anonymous and we disclaim any responsibility whatsoever for any harm resulting from the intentional or unintentional disclosure of your identity.
5. If we decide to publish your Content, we shall have the right to edit, revise, or modify the Content for formatting or grammar correction purposes, or to add pictures, or videos as we may deem necessary/ Furthermore, we reserve the right, in our sole discretion, to (a) supplement or co-mingle your Content with our trade names, trademarks, and service marks and with content provided by us or by third parties, (b) remove your Content from ABS-CBN, and (c) benefit commercially from your Content.
6. We, at our sole option and discretion, may advertise, promote and assist in the publicity of the Content. You give to ABS-CBN the non-exclusive right to use and publish or permit others to use and publish, your name (including any professional name you hereafter adopt), photograph, portrait, likeness, voice, or simulation thereof, and biography in connection with the production of the Materials, and in all activities, events, and publicity releases relating to the Content.
7. You understand that the Website receives significant traffic and is accessible to anyone on the Internet. You should not provide us with any Content that is private, infringing of someone else’s intellectual property rights, libelous, or defamatory, illicit, unlawful, malicious, or that promotes hatred or racism. Anything posted on the Website will be available to anyone on the Internet. You are solely responsible for any legal or other repercussions that occur as a result of your Content posted on the Website. We assume no responsibility or liability which may arise from your Content. We are under no obligation to modify or delete your Content once it is posted on the Website, but reserve the right to do so in our sole discretion.
8. In consideration for the use, publication, and exploitation of your Content on the Website and other Digital Platforms of ABS-CBN during the License Term, you will be entitled to receive a share of the proceeds from the revenue of the Website from the advertisements that appear on the page of the Website where your Content is published. Your revenue share shall be twenty percent (20%), or Ten Pesos (PhP10.00) for every one thousand (1000) page views for any articles, video, or photo based on the prevailing cost per thousand (“CPM”) rate across all properties. You understand that you shall no longer be entitled to any revenue share upon the lapse of the License Term.
9. ABS-CBN shall have the first opportunity to acquire exclusive rights for the Content, or to commission you for the Content or for the creation of other Content, in all forms of media, such as television, radio, motion pictures, sound recording, merchandising, publishing, and electronic, interactive or digital media, whether now existing or developed in the future, which shall be the subject of a separate agreement between you and ABS-CBN. You shall not, at any time during the License Term, enter into an agreement with a third party for the acquisition of rights over the Content, without first giving ABS-CBN written notice of the terms of any such bona-fide third party offer. In the event that ABS-CBN elects not to acquire exclusive rights for the Content or to commission the work or Content covered by the third-party offer, you shall be free to enter into agreement with the third party.
10. You represent and warrant to us that (a) you are 18 years of age or older and have provided us with your real name, email address, contact details, and other information, on our submissions form; (b) your Content is an original work created by you; (c) you own the copyright in your Content; (d) your Content does not contain any express or implied statements of fact that are untrue, false, or misleading; (e) your Content does not infringe the copyrights, trademarks or other rights of any third party; (f) your Content does not contain any viruses, worms, malware or other harmful or destructive material; and (g) your Content does not contain any defamatory, libelous, obscene, pornographic, threatening, abusive, harassing, or similarly unlawful material. If you are below eighteen (18) years of age, you agree to submit and attach a signed written parental consent or consent from your legal guardian in your submission form. Failure to submit such written consent shall bar us from publishing your Content.
11. You acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us (each a “Party” and together the “Parties”).
12. The terms of this Agreement are binding upon, and will inure to the benefit of the Parties, including their respective licensees, successors, and assigns. We may assign, license or transfer any or all of the Rights you have granted to us to any other person or entity. Except as expressly provided in this Agreement, there are no third-party beneficiaries to the Agreement.
13. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of the Parties.
14. No delay or failure by either Party in exercising any right under this Agreement, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Agreement will not be deemed a waiver of future enforcement of that or any other right.
15. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Philippines without regard to conflict/choice of law principles. Each Party hereto irrevocably consents t and get the chance to be part of the Kapamilya Digital Universe. E-mail your name, age, address, the exclusive jurisdiction and venue of Quezon City in connection with any matter arising out of this Agreement, agrees that process may be served upon them in any manner authorized by the laws of the Philippines, and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue, or process.
16. This is the entire agreement between the Parties, and any changes must be agreed to in writing signed by the Parties.