Term Of Use

Agreement Between Subscriber and ABS-CBN

1. Definitions

on-line service owned and operated by ABS-CBN Broadcasting Corporation (“ABS-CBN”), consisting of information services and content provided by ABS-CBN, affiliates of ABS-CBN, and third parties.

person who establishes a connection (“Account”) for access to and use of DZMM Website.

2. Nature of Agreement

that apply to the use of DZMM Website by Subscriber. DZMM Website is offered to Subscriber’s use conditioned on Subscriber’s acceptance of the terms and conditions contained herein, without modification or condition. By using DZMM Website, Subscriber agrees to comply with all the terms and conditions contained herein.

to Subscriber and is not transferable to another person or entity. Subscriber is responsible for all use of Subscriber’s Account and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement.

at its sole discretion, to modify or discontinue any aspect or feature of DZMM Website.

at its sole discretion, to modify or change the terms and conditions contained herein, or to impose new conditions associated with the use of DZMM Website including, but not limited to, fees and charges for use thereof.

of certain information about Subscriber, personal or otherwise, the storage of which shall be subject to the Statement of Privacy. Subscriber is enjoined to read such Statement of Privacy provided herein.

3. Subscriber Conduct.

any purpose that is unlawful, or prohibited by the terms and conditions contained herein. Subscriber shall not post or transmit through DZMM Website any material which is defamatory, vulgar, obscene, profane or otherwise objectionable, which violates or infringes in any way upon the rights of others, or which, without ABS-CBN's express prior written approval, contains advertising or any solicitation with respect to products or services.

available on DZMM Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from posting such material. Subscriber acknowledges that by submitting material to DZMM Website, Subscriber grants, or warrants that the owner of such material has expressly granted ABS-CBN the right and license to use, reproduce, modify, adapt, publish, and distribute such material (in whole or in part) in any form, media or technology now known or hereafter developed, without compensation and territorial limitation, in perpetuity, or for the full term of any copyright that may exist in such material.

trademarks and other proprietary information, including, but not limited to, text, music, photos, video, graphics, and software. Subscriber may not modify, publish, transmit, download, create derivative works, or in any way exploit, any of the copyrighted material, trademarks and other proprietary information, in whole or in part.

4. Monitoring

to monitor the content of DZMM Website, including chat rooms, bulletin boards, forums, and other message or communication facilities designed to enable Subscriber to communicate with the public at large or with a group, to determine compliance with this Agreement. ABS-CBN shall have the right, at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on DZMM Website by a Subscriber.

5. Disclaimer; Limitation of Liability

INCLUDED IN OR AVAILABLE THROUGH DZMM WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. ABS-CBN AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS, CORRECTIONS, AND/OR MODIFICATIONS IN THE DZMM WEBSITE AT ANY TIME.

DZMM WEBSITE SHALL BE UNINTERRUPTED OR ERROR FREE. LIKEWISE, ABS-CBN AND ITS SUPPLIERS MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DZMM WEBSITE, OR AS TO THE AVAILABILITY, TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCT, OR MERCHANDISE PROVIDED THROUGH DZMM WEBSITE.

BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

CONTRIBUTED OR POSTED BY SUBSCRIBER ARE HIS PERSONAL OPINIONS AND ARE NOT NECESSARILY CONCURRED BY, CONSISTENT WITH, OR REFLECT THE POSITION OR OPINION OF ABS-CBN, ITS OFFICERS, DIRECTORS, AND EMPLOYEES.

WEBSITE IS AT SUBSCRIBER'S SOLE RISK. IN NO EVENT SHALL ABS-CBN, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DAMAGES, OR FOR INJURY CAUSED BY OR CONNECTED IN ANY WAY TO THE USE OF DZMM WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

SUPPLIERS, INFORMATION PROVIDERS OR CONTENT PARTNERS, SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN DZMM WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO SUBSCRIBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. SUBSCRIBER ACKNOWLEDGES THAT ANY MATERIAL OR CONTENT FOUND IN THE DZMM WEBSITE SHALL NOT BE RELIED UPON BY SUBSCRIBER FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND AN APPROPRIATE PROFESSIONAL SHOULD BE CONSULTED FOR SPECIFIC ADVICE TAILORED TO SUBSCRIBER’S SPECIFIC SET OF CIRCUMSTANCES.

6. Indemnification.

its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of DZMM Website by Subscriber.

7. Termination.

Subscriber's Account in the event of any breach by Subscriber of the terms of this Agreement, or in the event any conduct by Subscriber is considered to be unacceptable by ABS-CBN.

8. Trademarks.

Teleradyo are trademarks of ABS-CBN Broadcasting Corporation. All rights reserved.

9. Linked Sites.

("Linked Sites"). The Linked Sites are not under the control of ABS-CBN and ABS-CBN is not responsible for the content of any Linked Site, including, but not limited to, any link contained in the Linked Site, any transmission received from a Linked Site, or any changes or updates to the Linked Site. Subscriber acknowledges that ABS-CBN provides access to Linked Sites merely as a service to Subscriber, and the inclusion of the Linked Sites in DZMM Website does not imply an endorsement by ABS-CBN of the Linked Sites or any association with its operators.

10. Miscellaneous

partnership, employment, or agency relationship exists between Subscriber and ABS-CBN as a result of this Agreement or use of DZMM Website. If any part of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement not affected by the invalidity or unenforceability shall continue in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the Subscriber and ABS-CBN with respect to DZMM Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Subscriber and ABS-CBN with respect to the DZMM Web Site.

construed and enforced under the laws of the Republic of the Philippines, without applying any conflicts of law principles which would require application of the law of any other jurisdiction.