LIVE TV

MYX TERMS OF USE

Last updated: May 19, 2021
MYX is an online content distribution service (the “Service”) which enables users to access certain shows, movies, videos, photos, graphics, music, social engagements and other content, clips, excerpts, services, message boards, chat, original content, information, data, communications, other materials (collectively, “Content”). MYX may be accessed on the www.myx.global site (the “Website” or “Site”) on certain computers, mobile and other devices (the “Devices”), and is provided to users for their personal, private and non-commercial use only.

These Terms of Use, the Privacy Notice and the Cookie Policy, including any amendment, addendum, modification, annex, supplement or update thereto (the “Terms”) govern the relationship between ABS-CBN International (“ABS-CBN”, “We”, “Us”, “Our”, “Us”) and you as user of the Website (“User” or “You”). In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE, AGREE AND CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS OF USE, THE PRIVACY NOTICE AND THE COOKIE POLICY, INCLUDING ANY AMENDMENT, ADDENDUM, MODIFICATION, ANNEX, SUPPLEMENT OR UPDATES THERETO AND AGREE TO BE BOUND THEREBY. AND THAT YOU WILL INDEMNIFY AND HOLD ABS-CBN, AND ITS SUBSIDIARIES AND AFFILIATES FREE AND HARMLESS FROM ANY CLAIM, EXPENSES, DAMAGE OR LIABILITY WHICH YOU MAY SUFFER OR INCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ARISING FROM OR IN CONNECTION WITH YOUR FAILURE OR REFUSAL TO OBSERVE AND/OR ABIDE BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

We expressly reserve the right to change, amend, modify, supplement or update these Terms from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review this Website and these Terms from time to time and to keep Yourself updated with any modifications. Unless otherwise specified, any and all new feature/s or functionality/ies of the Website and/or Service shall be subject of the current Terms. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

You acknowledge, understand and agree that Your use of the Website 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, the Device/s, the Service, or certain components, features or functionalities thereof. By subscribing to or and/or using the Website, Device/s and the Service/s, You signify Your agreement to and acceptance of such terms and conditions and privacy policies.

The Terms that are applicable to You will depend on the country or territory where You are based on Your IP address at the time of Your registration to the Service. Additional terms may also apply based on the country/ies or territory/ies where You are or may be using or accessing the Website and/or Service. It is Your responsibility to review and to comply with all applicable Terms and additional terms. By visiting, using and/or registering with the Website and/or Service, You represent and warrant to Us that: (i) You are of legal age based on the laws of the relevant jurisdiction and that You are capable of entering into and forming a binding contract with Us; (ii) You are entering into this agreement for Your personal use only; (iii) You neither reside in, nor will access, avail of, or use/receive the Website and/or Services in, nor are a representative of the Government of, either Cuba, Iran, North Korea, Sudan, Syria, or the Crimean region of Ukraine; (iv) You are not 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 accessing the Website and/or using the Service; and (v) you are not prohibited from accessing the Website and/or availing the Service under the relevant laws of the country or territory where you access, avail of and/or use the Website and/or Service.

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, and advertisers, and includes (without limitation) all parties involved in creating, producing, operating, maintaining and/or delivering this Website and/or its contents.

DESCRIPTION OF SERVICE

The Website provides information about Filipino & multicultural celebrities, music, MYX shows, interviews, lifestyle and entertainment, and other like services such as but not limited to voting and polls. You are responsible for providing, at Your own expense, all equipment necessary to use and access the Website and/or the Service, including a computer, modem, and internet access (including payment of any and all fees associated with such access).

You acknowledge, understand and agree that ABS-CBN may add, withdraw, replace, suspend, modify, discontinue, or change any Content, terms, feature/s and/or functionality/ies of and/or in the Service, 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 stop using the Website and/or Service. The Website and/or certain Content may not be available/accessible in certain countries/territories, and/or during certain periods, and/or on certain Devices due to rights restrictions, technological limitations, ABS-CBN’s business decision/policies, and/or contractual, legal and/or regulatory requirements/restrictions.

ABS-CBN may insert, serve, show or display advertisements, commercials, pre-rolls, mid-rolls, end-rolls, banners, of or for its own or its Affiliates’ products or services (“ABS-CBN Advertisements”) and/or products or services of third-party advertisers (“Third Party Advertisements”) on any Content, 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, the Website, and/or the Application, including but not limited to claims for infringement, invasion of privacy, defamation, libel.

Your access to the Website and/or any Content may vary by geographic location and may change from time to time.

Although the Website may be accessible in various countries, We make no representation that the Content, materials and/or services on this Website are appropriate or available for use to all Users, in all locations. Accessing any Content, materials and/or services on this Website from countries/territories where they are illegal is prohibited. Those who choose to access this Website 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 this Website is void where prohibited.

Some content may be made available for temporary download and offline (“Offline Content”) viewing on the Website on certain Devices, which shall be subject to such terms, rules, period, limitations and restrictions as We may determine and implement for this purpose.

The streaming and quality of the Content on the Website and/or Service may vary due to different factors such as, but not limited to, the type of device, location, internet speed/bandwidth, and the type of Content (high definition, etc). You may check the FAQ page, as may be available, for the recommended internet connection speed. To access the Website and/or Service, You will need internet access. You shall solely be responsible for procuring, maintaining and paying the fees for Your internet service to Your internet service provider.

We reserve the sole right to either modify or discontinue the WebSite, including any of the WebSite’s features, at any time, with or without notice to You. We will not be liable to You nor to any third party should We exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms.

REGISTRATION

Upon successful registration with the Website and/or Service, You may watch and/or access certain Content, functionalities and features, which We may determine at our sole discretion to not otherwise be available without registration.

You may register to, and create an account on, the Website (the “Account”) either directly on the Website by filling out a registration form (“Website Registration Page”), or by using Your existing social media account, as may be available on the Website.

By using Your existing social media account to register with the Website, You confirm that You have provided true, accurate and complete information about Yourself in the social media account You used. You also agree to update Your information in the social media account You used and to keep it true, accurate and complete. You also acknowledge, understand and agree that such social media service has terms and conditions and privacy policies and notices which are separate and distinct from these Terms, that We nor any of Our Affiliates are not responsible to You for nor under such social media service’s terms and conditions and privacy policies, and that You shall be responsible to the owner/operator of such social media service in and for complying with their terms and policies and shall indemnify and hold ABS-CBN and its Affiliates free and clear of any liability, claim or obligation for or in connection with Your use of such social media service, including for purposes of registering an Account to this Website using Your social media account. We have the right to suspend or terminate Your Account if there is reasonable ground to believe that You have not provided true, accurate and complete information about Yourself in the social media account You used, or if You violate any of the Terms.

By registering with the Website directly, You agree to provide Us true, accurate, current and complete information about Yourself when You fill out the Website 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 Website and/or Service. We reserve the right to suspend or terminate Your access to the Website and/or Your Account, if any, if We have reasonable ground 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 breach or violation of any provision of the Terms. You hereby expressly acknowledge that the Website and/or Service is provided by ABS-CBN and may be altered, modified, rebranded, suspended, updated, or discontinued at any time at its sole discretion and with no notice to You.

PASSWORD AND ACCOUNT SECURITY

If You created an Account for and registered to the Website, You agree to keep Your username and password secure and confidential. You assume full responsibility for all activities under Your Account. We will presume that You have personally performed, and are the one personally performing, all activities under Your Account, such as but not limited to registration, 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 Contact Us page.

You agree to indemnify and hold ABS-CBN, and its Affiliates, their respective directors, officers, employees, agents, representatives and/or their respective Partners, free and harmless from and against and all claims, damages, liabilities, suits, costs and expenses, including attorney’s fees, arising from any and all 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, 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 Website and/or 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 may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to You or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

USE OF PERSONAL INFORMATION AND PRIVACY

Your privacy is important to Us. By agreeing to and accepting the Terms hereof, You acknowledge that certain 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. We are committed to safeguarding Your personal information and will use all good faith efforts to ensure that it is secure.

When You register with the Website and/or Service, We may ask You for Your personal information such as, but not limited to, Your name, email address or mobile number. We also collect information about Your usage of the Website and/or Service, including how You use the Service, the Website, 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.

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 to 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 obliged to keep Your personal information confidential.

We will not collect, use or disclose sensitive personal information, such as race, religion, or political affiliations, without Your explicit consent.

By using the Website and/or registering with the Website, You expressly authorize ABS-CBN and its Affiliates and Our and Our Affiliates’ employees, agents, representatives agents and authorized service providers to use Your disclosed personal information as for the following purposes: a) to provide You access to the Website and/or the Service, including fulfillment or renewal thereof, and/or maintenance or administration related thereto; b) to market, promote and advertise the Service, the Website/s (and any feature, update, modification therof/thereon) and/or the products, services, events, initiatives and activities 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, and Our and Our 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 Website and/or Service, 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 Website and/or Service is/are acquired by another company; k) to transfer, move, copy, record, store and use Your personal information outside the country where You are accessing the Website and/or Service; l) to be used as a basis for displaying targeted advertisements in the Website and/or Service; 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 Our and Our Affiliates’ respective employees, agents, representatives, agents and authorized service providers, and that ABS-CBN, its Affiliates and Our and Our Affiliates’ service providers may use Your personal information for the foregoing purposes without further notice. You also agree that ABS-CBN, its Affiliates, Our and Our Affiliates’ authorized service providers, Our and their respective directors, 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.

You also authorize agents of ABS-CBN, its Affiliates, Our and Our Affiliates’ respective employees, agents, representatives, agents and authorized service providers, to collect and use personal information that may be used to contact, identify or locate You. This may be done using device fingerprinting, a technique used to gather information about a particular device, in order to capture the following: browser version, operating system, items installed (plugins/fonts etc.) and location and time zone settings. You also authorize Us, Our Affiliates and Our and Our Affiliates’ respective employees, agents, representatives agents and authorized service providers to collect information, which may be personal information, that may include Your IP address, device type, browser type, Your device’s operating system, what pages You view, what links You click, the amount of time You spend on certain pages and certain demographic information such as age and gender. Please refer to Our Cookie Policy for further details.

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.

The CALIFORNIA PRIVACY RIGHTS -- California Civil Code Section 1798.83 -- permits customers of the Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to customerserviceus@abs-cbni.com.

You further agree to be bound to the Privacy Notice of ABS-CBN.

PARENTAL GUIDANCE

While We 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. We 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. We do 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 warrant that You have secured the necessary consent and advice from Your parents and/or guardian to avail or use the Website.

USER CONTRIBUTIONS, REVIEWS AND COMMENTS

We may provide users with interactivity tools on the Website and/or Service where You may publish, transmit, submit or post Your own content, reviews, vote and comments (collectively, "Post") directly relevant to the Content on the Website. If We provide such tools, You 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, and its other products and services, as may be applicable. You also grant ABS-CBN and its Affiliates 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 Website and/or Service where users of the Website can see 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 and/or 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 and/or 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/their servers. Such materials will be subject to the Privacy Notice detailed hereinabove or as posted on the Website.

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 users, past and present, through or on or related to the Website and/or Service are the sole responsibility of the person who submitted, shared or made available such Material.

ABS-CBN does not endorse any Material posted by the 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 user on the Website and/or Service.

By Posting a Material, if such facility is provided by the Website and/or Service, You represent and warrant that You own the Material posted or submitted or that You have obtained permission from all the rightful owner/s of the Material to Post, use or display it on the Website including but not limited to person/s whose faces, names, images and/or likeness 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 right and 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 and will 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 respective directors, officers, shareholders, employees, agents, representatives and/or their respective Partners, 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 Website and/or 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 Website and/or Service or any platforms or channels or ABS-CBN and its Affiliates.

We reserve the right, but shall have no obligation, to pre-screen, review, edit, modify, flag, refuse or remove any Material You make available on the Website and/or 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 users on the Website and/or 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 myx.global/contactus. However, You hereby expressly acknowledge and accept that certain Material may be posted or contained on the Website that may be in opposition to, or that may not be consistent with, Your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.

ADVERTISEMENTS AND LINKS

The Website and/or Service provides links to the sites of ABS-CBN’s Affiliates and/or Partners and certain other third party businesses. We are not responsible for examining or evaluating, and We do not review, endorse nor warrant these 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 websites). 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 pay for any 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. You should carefully review their privacy statements and other conditions of use.

SOCIAL MEDIA SITES LINK

You may have the option to register to this Website and/or Service through Your Facebook, Twitter or other social media account/s as may be available for registration on the Website (collectively “Social Media Accounts”). Please note that only one Account for each type of social media can be connected to Your 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 any other social media.

PROMOTIONS

From time to time, We may conduct promotions and contests on or through the Website, which You may access and/or participate in, subject to eligibility and Promotion Rules (“Promotion”). Each Promotion may have separate or 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 this Website 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 this Website 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 this Website. Your unauthorized use of any Content, materials, or information appearing on this Website 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 Website, 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. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

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: MYX, MYX TV, MYX TV Rated, MYX TV top 10 and all shows listed on the Website, the ABS-CBN mark, ABS-CBN logo and/or other trademarks and logos related to MYX, ABS-CBN, custom graphics, icons, the programs and Content therein, (collectively, the “ABS-CBN Marks”). All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants You any right to use any of the ABS-CBN Marks.

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.

UNAUTHORIZED USE OF MATERIALS

Subject to Our Privacy Notice, any communication or material that You transmit to this Website 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. If You or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, You or the user should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identification in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identification of the material that You claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.

3. Provide information reasonably sufficient to permit Us to contact You (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. A physical or electronic signature on the paper.

8. Send the written communication to the following address: Designated Agent for Claimed Infringement: 

Contact: info@myx.global 

Address: 432 N Canal St., Ste 21, South San Francisco, CA 94080 Phone: 650-508-6000

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our site without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

INTERRUPTION OF SERVICE

We reserve the right to suspend or interrupt use of and/or access to the Website from time to time, with or without prior notice, in order to perform maintenance.

You acknowledge that the access to the Website may be interrupted for reasons beyond Our control, and We cannot guarantee that You will be able to access the Website whenever You may wish to do so. We shall not be liable for any interruption and/or access delay or failure to the Website resulting from any causes beyond its reasonable control or for any disruptions arising from or attributable to Your actions.

TERMINATION

We may modify, suspend, discontinue or terminate, temporarily or permanently, Your access to all or any part of the Website and/or Service (including Your Account) at any time, with or without cause, with or without notice, effective immediately, including, without limitation, 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 this Website and/or 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 this Website. 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.

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.

DISCLAIMER

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 Website and/or Service, including, but not limited to, any liability for damage to Your computer hardware, data, information, materials and business resulting from Your use of the Website and/or Service.

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 Website and/or Service or that the Website and/or that Service will be uninterrupted, secure or error free or that any defects in the Website and/or that the Service can be corrected, and/or that the Content, services and materials will meet Your requirements, and/or the results that may be obtained from the use of the Website and/or Service will be effective, accurate or reliable; and/or that the quality of any Content, services, materials, information obtained by You from the Website and/or Service will meet Your expectations or be free from mistakes, errors or defects.

This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and the services at the Website, including descriptions of any services therein, at any time without notice. The materials or services at the Website may be out of date, and We make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any materials through the Website 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.

Through Your use of the Website, You may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and/or services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available on or through the Website often represents the opinions and judgments of an information provider, Website 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 may refer to specific editorial policies which may be posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms.

You understand and agree that temporary interruptions of the services available through this Website 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 this Website, and therefore, delays and disruption of other network transmissions are completely beyond Our control.

You understand and agree that the services available on this site 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.

You agree and acknowledge that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (1) Your use or Your inability to use the Website and/or Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received r from the Website and/or Service; or (iii) any other matter relating to the Website and/or Service.

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 SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, 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 THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS WEBSITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INLCUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold ABS-CBN, its Affiliates, their respective directors, officers, shareholders, employees, agents, representatives and/or their respective Partners, free and harmless from and against and all claims, damages, liabilities, costs and expenses, including attorney’s fees, made by any third party due to or arising out of Your use of the Website and/or Service, Your connection to the Website and/or Service, Your use of the facilities of the Service and/or Website, Your violation of the Terms, 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 Website, Our databases and data, including Your uploading of any data and contents onto the Website, 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 Website for Your enjoyment and benefit

constitutes the sole and sufficient consideration for any contribution You have to the Website, and any other data.

MISCELLANEOUS

The Laws of California 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 this Website, or use of or access to this Website.

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.

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Us must be sent to the attention of Customer Service at info@myx.global, if by email, or at ABS-CBN International: 432 N Canal St., Ste 21, South San Francisco, CA 94080 if by conventional mail. You may also contact Us at the foregoing addresses if You notice that any user is violating these Terms. Notices to You may be sent to the address supplied by You as part of Your Personal Information. In addition, We may broadcast notices or messages through the Website to inform You of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.

For more information on the system requirements of MYX , please visit myx.global/contactus.

If You have any questions or comments, please go to myx.global/contactus.

Updated on: May 19, 2021.

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