WELCOME TO PUSH AWARDS YEAR 5

TERMS OF USE

I. THE MICROSITE

The Push Awards microsite https://pushawards.abs-cbn.com/ is a microsite owned and operated by ABS-CBN Corporation (“ABS-CBN”), a corporation duly organized under Philippine laws, with business address at the Mother Ignacia Street corner Sgt. Esguerra Avenue, Quezon City 1103 Philippines, which enables fans to support the brightest, biggest, and most influential stars on digital for Push Awards. Beyond being the most liked, most followed, and most talked about celebrities online, Push Awards also honors those who create a positive impact on digital. The microsite allows fans to cast their votes and support their favorite celebrities. The site gives you access to vote for your favorite online celebrity per category and also provides photos and videos of the artists in relation to the category where thet are nominated.

II. ACCEPTANCE OF THE TERMS

Your access to the Site is conditioned on your express and unqualified agreement to all of the terms and conditions contained in this Agreement, including its Privacy Notice, the Terms of Use in https://kapamilya-accounts.abs-cbn.com/terms-and-condition , the Mechanics and Criteria, and any rules of conduct as ABS-CBN may hereinafter implement for the Site. These Terms of Use and the Terms of Use in https://kapamilya-accounts.abs-cbn.com/terms-and-condition, including the Privacy Notice, and any such rules of conduct shall hereinafter be collectively referred to as the “Terms”. These Terms shall apply to all other websites and microsites that ABS-CBN allows you to access through the Site.

Your use of the Site, including the online voting, constitutes your agreement to the Terms herein. You agree to not use the Site, and the products and services available on them to the express detriment of the interest of ABS-CBN or any artist, content creator, contributor, or intellectual property owner, or for unlawful, indecent, or immoral purposes. Any breach of all or part of the Terms can lead to suspension or cancellation of the Account, without prejudice to the rights and remedies of ABS-CBN under law and/or equity.

III. RIGHTS AND RESPONSIBILITIES

Internet Connection Requirements

Access to, transmitting and receiving real-time updates to and from the Site requires internet access and connection. The internet connection is under your responsibility. ABS-CBN does not provide internet access, and you are responsible for all charges and fees associated with your internet connection. The expenses of such connection are prescribed by the agreement between you and your internet service provider, and according to its applicable terms of payment. ABS-CBN will not be responsible for internet access, or disruption to internet connection.

Parental Guidance

While ABS-CBN may choose to monitor and take action upon inappropriate content, chat, or links to the Site, it is possible that at any time there may be language or other material accessible on or through the Site that may be inappropriate for children or offensive to some users of any age, sexuality, religion, nationality, or culture. As the Site is of an interactive nature, the Site is likely to evolve, especially through the chat service and the discussion forums. ABS-CBN cannot ensure that the 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. ABS-CBN wishes to remind you that you are free to express yourself on chats and in the discussion forums in such a way as to not offend other people, especially minors less than 18 years of age. It shall also be your responsibility to screen and access content that are appropriate to your age level and you further warrant that you have secured the necessary consent and advice from your parents and/or your legal guardian to avail of or use the Service (as defined in Section IV of these Terms). It is incumbent upon the parents and guardians of minors to ensure that the latter do not provide participate, or provide their name, address, or telephone number without authorization, particularly when they use the chat function or the discussion forums.

Interruption of Service

a. ABS-CBN reserves the right to interrupt use and access to the Site and the Service from time to time, with or without prior notice, in order to perform maintenance.

b. You acknowledge that the access to the Site and/or the Service may be interrupted for reasons beyond the control of ABS-CBN, and ABS-CBN cannot guarantee that you will be able to access the Site, Service or your Account whenever you may wish to do so. ABS-CBN shall not be liable for any interruption and/or access delay or failure to the Site or Service resulting from any causes beyond its reasonable control or for any disruptions arising from or attributable to your actions.

c. ABS-CBN shall not be obligated to refund all or any portion of any fee by reason of any interruption of the Service by reason of any of the circumstances described herein.

IV. MODIFICATIONS

ABS-CBN may amend these Terms at any time in its sole discretion. ABS-CBN shall notify you of any amendment to the Terms, and you understand and agree that your express consent to the amended Terms is a precondition to your access of, or activity within, the Site. ABS-CBN shall likewise post the amended Terms in the Site. Your use of the Site after the effective date of any amendments to these Terms constitutes your agreement to comply and be bound by such amendments, including but not limited to any charges that may be associated with the use of the Site. You agree to check this Agreement periodically so you will be familiar with their content as amended or modified from time to time.

If you do not indicate your express consent to the Terms as amended, ABS-CBN has the right to restrict your access, or any activity within the Site. If you have any questions regarding these Terms, please contact us through our customer hotline at (02) 480-2274 (the “Hotline”) or email us via help@starmusic.ph. You may also fax us at (632) 415-2272, extension 3423.

V. DESCRIPTION OF THE SERVICE

a. ABS-CBN offers the Site as an online voting portal and viewing gallery (the “Service”) accessible through the internet at the Site. ABS-CBN reserves the right to change the URL address of the Site at any time and from time to time.

b. ABS-CBN may change the content in its galleries at its sole discretion without any need of notice to you. In case of substitution of content, ABS-CBN shall have the sole discretion to choose the replacement.

Use of the Services

a. ABS-CBN has designed the Site for online voting and viewing gallery purposes only as offered by ABS-CBN at the Site for the Event. You agree to use the Site and the Service only as offered at the Site and not through any other means. You further agree not to create or provide any other means through which the Service may be accessed by others, as through server emulators. You acknowledge that you do not have the right to copy, create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Service. You may not take any action, which imposes an unreasonable or disproportionately large load on the Site or the Service’s infrastructure.

b. As a condition of your use of the Site, you warrant to ABS-CBN that you will not use the Site, the Service or any of its components, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Service.

c. the online voting shall be subject to the Mechanics and Criteria.

VI. REGISTRATION

If you are a first time user of the Site, you will be asked to register and create an account with https://kapamilya-accounts.abs-cbn.com/ (“Kapamilya Account”), where you will be asked either to provide your full name, kapamilya name, email address/ mobile number, password and country of residence or to log in through your Facebook account. Your Kapamilya Account, and all information shall be subject to its Terms of Use and Privacy Notice. The information you provide in the registration of your Kapamilya Account will be used strictly for the purposes stated in its terms of use and privacy notice.

You login Information is strictly personal and confidential. It is entirely your responsibility to safeguard, use and send Login information. It is also your responsibility to maintain and promptly update your Login Information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or ABS-CBN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABS-CBN has the right to suspend, block, or terminate your Account, and/or refuse any and all current or future use of the Service.

You assume full responsibility over your Kapamilya Account. It is assumed that any use of login Information is executed by or duly used by you. 3 consecutive attempts to log in with the incorrect password could lead to suspension of the Account. To reactivate your Account, you will need to contact us at the Hotline.

Upon registration or if you already have an existing Kapamilya Account, you can now select a category and vote for your favorite artists. You may only vote once per category per day.

After the Event, the Site will be removed. However, you will retain your Kapamilya Account, which you may use for other ABS-CBN properties.

Purpose and Use of Login Information.

ABS-CBN requires the submission of your Login Information strictly for the purpose of opening an Account and allowing ABS-CBN to identify you upon registration.

If you choose to delete your Account, or if your Account is terminated by ABS-CBN, ABS-CBN will delete your Account, including all Login Information and other information you submitted for purpose of registration.

VII. CONTENT USAGE

a. Rights to Content. You acknowledge that:

i. by using the Site and the Service you will have access to pictures, images, video clips, graphics, sound effects, music (including musical compositions and sound recordings), video and text (collectively, "Content");

ii. Such Content is provided STRICTLY FOR VIEWING AND VOTING PURPOSES ONLY, and this use does not include the right to share, copy, or reproduce the Content, or use the Content as background image or music for any other user-generated content, or upload the Content to any other site or online services, or to modify, copy, duplicate, or add to the Content nor authorize any third party to use, change, alter, modify, copy, copy, duplicate, download, reproduce, distribute, or include the Content in any other website or medium, or otherwise exploit the same, whether or not for a fee, without the written authorization of ABS-CBN;

iii. You shall not use the Content, or the names, images, likenesses, or biographical information of the persons appearing in the Content in any manner which constitutes or may be deemed to constitute as an express, implied, direct or indirect commercial tie-in or endorsement of any product and service featured in or included in, or any sponsor of the Demo;

iv. Content may be provided under license by independent content providers (the "Content Providers"). You acknowledge that ABS-CBN and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with accessing the Site. All rights not granted herein are RESERVED by ABS-CBN and/or the Content Providers; and

v. Removal of Content. ABS-CBN has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.

VIII. COPYRIGHT NOTICE

All contents of the Site are: 2019. ABS-CBN Corp. All Rights Reserved. and/or its suppliers. All Rights Reserved. The individual musical compositions and sound recordings offered for sale on the Website are © on the dates they were created.

IX. TRADEMARKS

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.

X. CONFIDENTIALITY

All personal information you provided in availing the Service will be treated with utmost confidentiality. However, you hereby acknowledge that the service provider and/or ABS-CBN may have to disclose such information to its authorized agents or representative, employees, consultants, and personnel on a need to know basis in any and all instances when such disclosure is necessary for the execution of efforts geared towards overall customer satisfaction, which include information dissemination through marketing or telemarketing of ABS-CBN and its subsidiaries’ products and other means, facilitating services requests and maintenance work, and the like. In the event that during the effectivity of this Agreement, ABS-CBN is requested or required to disclose such personal information in order to comply with an investigatory, legal, regulatory or administrative proceeding (including a subpoena, civil investigative demand or similar process) or a court order, you or your representatives, heirs or assigns shall permit ABS-CBN, without liability hereunder, to disclose such personal information.

XIV. UNLAWFUL OR UNAUTHORIZED USE

ABS-CBN may, in its sole discretion, suspend, block, or terminate this Agreement (including your Account) immediately and without notice under the following circumstances:

a. if you breach or violate any of the conditions, obligations or provisions of the Terms;

b. if you infringe any third party intellectual property rights or expose the Site, the Service and ABS-CBN, its officers, employees and representatives from any possible damages, liabilities, claim or action for infringement of intellectual property rights;

c. if ABS-CBN is unable to verify or authenticate any information you have provided; and

d. under any other circumstances under law or equity. The termination of your Account under the foregoing circumstances shall result to your inability to access your Account without prejudice to any other rights or remedies ABS-CBN may have at law or in equity.[az1]

XI. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ABS-CBN, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from your breach or violation of any of the conditions of this Agreement.

XII. PRIVACY

The personal information you provide ABS-CBN during registration is used for its internal purpose only and shall be used in connection with the Service. Except as otherwise expressly permitted by this Agreement or as otherwise expressly authorized by you, ABS-CBN will not give any of your personal information to any third party. However, ABS-CBN does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Furthermore, ABS-CBN can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as ABS-CBN, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ABS-CBN's sole discretion. If you request any technical support, you consent to our remote accessing and review of your computer for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service and any services or software which may in the future be provided by us or on our behalf.

In addition to the foregoing, you agree to be bound and comply with the Privacy Notice in corporate.abs-cbn.com/privacy.

XIII. LIMITATIONS ON LIABILITY

a. The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ABS-CBN and/or its suppliers may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

b. ABS-CBN provides the Service, the Account and all other services on an "as is" basis, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, noninfringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ABS-CBN does not ensure continuous, error-free, secure or virus-free operation of the website or the service.

c. In no event shall ABS-CBN and/or its suppliers or any of its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or the Service, or with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, content and related graphics obtained through the Site or the Service, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if ABS-CBN or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, the service or with any of this agreement, your sole and exclusive remedy is to discontinue using the Site.

XIV. GENERAL PROVISIONS

a. Failure or omission on the part of ABS-CBN to avail of or enforce any term or condition provided herein or by law shall not be deemed a waiver of ABS-CBN’s right to enforce the same, or to avail of the remedies provided for by law, nor absolve you from liability for your obligations to ABS-CBN, and no novation of any of the terms and conditions herein shall be effective against ABS-CBN unless the same is made in writing by ABS-CBN.

b. In case any term or condition herein is declared void or unenforceable, the other terms and conditions unaffected thereby shall remain in full force and effect.

c. These Terms is governed by the laws of the Republic of the Philippines. You hereby consent to the exclusive jurisdiction and venue of courts in the Philippines, without applying any conflicts of law principles which would require application of the law of any other jurisdiction , in all disputes arising out of or relating to the use of the Site or the Service.

d. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABS-CBN, or its parent, subsidiary or affiliate as a result of these Terms or use of the Site or the Service. ABS-CBN's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of ABS-CBN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Service, or information provided to or gathered by ABS-CBN with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and ABS-CBN with respect to the Site and the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABS-CBN with respect to the Site or Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English.

e. If you have any questions regarding these Terms and Conditions of Use and Privacy Statement, please contact us through our customer hotline at (02) 4158766 (the “Hotline”) or email us via DMD_support@ABS-CBN.COM.