TERMS OF USE

ABS-CBN International (“ABS-CBN”) allows you access to its website for “Cinematografo” and/or “Cinematografo International Film Festival” at cinematografofilmfestival.com website (the “Website” or “cinematografofilmfestival.com)”, subject to the terms and conditions contained herein and in such other terms and conditions as may be applicable. The Website may contain interactive features, audio-visual, audio, video and/or content streams of entertainment content, or clips or excerpts thereof, owned by or licensed to ABS-CBN International and its subsidiaries and affiliates (“the ABS-CBN Group” or the “Subsidiaries and Affiliates”).

These Terms and Conditions of Use (“Terms”) constitute legally binding terms and govern your use of cinematografofilmfestival.com and the associated services which are operated by ABS-CBN. Any reference to “we,” “us,” or “our” in the Terms refer to ABS-CBN. Any reference to “you” or “user” refer to the person using the Website.

We may update the Terms from time to time without prior notice and your continued use of the Website constitute your acceptance of the Terms, including our Privacy Policy, and any amendment or updates thereto. Unless otherwise specified, any new feature/s of the Website shall be subject to the current Terms. Current versions, including recent updates, will be available for review on the Website.

PRIVACY POLICY AND USE OF PERSONAL INFORMATION

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 exclusively by ABS-CBN, the ABS-CBN Group, and its Subsidiaries and Affiliates. We are committed to safeguarding your personal information and will use all good faith efforts to ensure that it is secure.

Certain areas of the Website may require registration or may otherwise ask you to provide personal information such as your name, email address, city, state, and country in order to participate in certain features or have access to certain Components (as defined below) of the Website. The decision to provide your information is purely optional, however, if you choose not to provide such information, you may not be able to access certain Components or participate in certain features of the Website. When you provide information, you agree to provide only the true, accurate, current and complete information and acknowledge that it is your responsibility to keep information current.

In addition to any personal information or other information you choose to submit to us, we may use a variety of technologies that automatically (or passively) store or collect certain information from your computer hardware and browser, including your IP address, browser type, cookie information, domain names, software and hardware attributes, access times and referring web site addresses, whenever you visit or interact with the Website. This information is used by ABS-CBN for the operation of our programming services and our website, to maintain the quality of the services we offer.

We will not rent, sell, provide or share your personal information with other people or non-affiliated or non-related companies, except to trusted business partners and service providers. We will limit access to your personal information to 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 use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Your full and proper registration authorizes ABS-CBN, the ABS-CBN Group, and its Subsidiaries and Affiliates the express right to use your disclosed personal information as detailed herein. We may use your personal information for the following purposes: a) to provide your request for ABS-CBN’s products, services and/or activities, and/or information related thereto; b) to market, promote and advertise the products, services, events, initiatives and activities of ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates; c) to customize ABS-CBN’s, the ABS-CBN Group’s and its Subsidiaries’ and Affiliates’ advertising, promotional and marketing activities; d) to fulfill your requests for products and services; e) to conduct research, survey and perform statistical analyses of user behavior in order to measure relative consumer interest on various products, services and activities of ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates; f) to inform advertisers or sponsors how many have responded to an advertisement or promotion; g) to promote and manage ABS-CBN’s, the ABS-CBN Group’s and its Subsidiaries’ and Affiliates’ customer loyalty and/or customer retention program/s; 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 ABS-CBN is acquired by another company; k) to transfer, move, copy, record store and use your personal information outside the country where you access the Website; l) to be used as a basis for displaying targeted advertisements in the Website; 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 and to ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates and that ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates may use your personal information for the foregoing purposes without further notice. You also agree to indemnify and hold ABS-CBN, the ABS-CBN Group and its Subsidiaries and Affiliates, their officers, agents, directors, stockholders and employees free and harmless from and against and all claims, damages, liabilities, costs and expenses, including attorney’s fees, that directly or indirectly arise from or are otherwise directly or indirectly related to the permitted use of your personal information as detailed hereinabove.

You agree that we may share and transfer your personal information with and to the ABS-CBN Group and its Subsidiaries and Affiliates and that the ABS-CBN Group and its Subsidiaries and Affiliates may use your personal information for the foregoing purposes without further notice. You also agree to indemnify and hold the ABS-CBN Group and its Subsidiaries and Affiliates, their officers, agents, directors, stockholders and employees free and harmless from and against 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 our third-party service provider/s to collect personal information that may be used to contact, identify or locate you. You also authorize our service provider/s to collect non-personal information that may include your IP address, browser type, your computer’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.

We do not disclose that personal information other than as described in this Privacy Policy and we do not sell, rent or lease our customer lists or other personal information that we have collected from you to third parties. However, to increase efficiency and maximize the benefits of being part of a global operation, ABS-CBN may disclose personal information internally with other members of the ABS-CBN Global operations.

For example, we may transfer customer personal information for storage and operations to servers located outside the US, e.g. to servers in Canada or in the Philippines.

Please be advised that if you directly disclose personal information through any ABS-CBN public message boards, this information may be collected, used and disclosed by third parties who may not be bound by our Privacy Policy. ABS-CBN also encourages you to review the privacy policies of other web sites you choose to link to from our sites, in order to understand how those sites collect, use and share your personal information. ABS-CBN is not responsible for the privacy policies or the content of web sites of third parties.

If you have questions or if you prefer that we refrain from or limit the use of your personal information, please advise us by going to the Contact Us page. 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.

YOUR 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 [email protected]

USE OF COOKIES

The website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize ABS-CBN web pages, or register with an ABS-CBN Group site or service, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same site, the information you previously provided can be retrieved, so you can easily use the features that you customized. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ABS-CBN services or websites you visit.

MARKS AND LOGOS

You acknowledge that ABS-CBN, the ABS-CBN Group and/or its Subsidiaries and Affiliates owns and/or has the exclusive right to use Cinematografo mark, the Cinematografo and Cinematografo International Film Festival logo, the ABS-CBN logo and other marks and logos related to the Website and the programs, channels and content therein (collectively the “ABS-CBN marks”). You agree not to use or display any ABS-CBN mark/s in any manner, and/or not to assert any right or claim thereto or ownership thereof.

CINEMATOGRAFOFILMFESTIVAL.COM WEBSITE AND CONTENT

The Website (including past, present and future versions) and all components that are included in or are otherwise part of the Website, including without limitation to, graphics, layout, text, content, instructions, images, audio, videos, designs, advertising copy, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrighted and copyrightable materials; the “look and feel” of the Website; the compilation, assembly and arrangement of the components of the Website and all other components related to the Website (collectively, the “Components”) are owned or controlled by or licensed to ABS-CBN, the ABS-CBN Group or its Subsidiaries and Affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, service mark, patent, publicity and other proprietary rights and all applicable local, federal and international laws. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Website and Components or take any action whatsoever in derogation of ABS-CBN’s or its licensors’ rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Components, or aid or abet anyone else in doing so.

You may only access and view the Website and/or its Components personally and for non-commercial purpose (“Right to Use”). Your Right to Use does not grant, convey or otherwise transfer any license, sublicense or ownership of any such Components. You agree not to sell/resell, digitally stream, broadcast or disseminate, modify, rent, lease, distribute or create derivative works based on the Website or any programs or content thereof, or retain any copy/duplicate of any Components, in whole or in part, absent the prior express written authorization of ABS-CBN.

USER CONTRIBUTIONS, REVIEWS AND COMMENTS

You may publish, transmit, submit, tag or post (collectively, “Post”) photographs, videos, reviews and comments that are directly relevant to cinematografofilmfestival.com or to the linked websites. You may also chat or send electronic communications (collectively, “Chat”) to other Website users. Posts will be deemed user contributed materials and shall be subject to the policies regarding User Posted Material detailed hereof.

You agree not to Post, Chat or otherwise make available any of the following: 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. Violation of the foregoing will result in the immediate blocking, suspension or termination of your access to the Website. Additionally, in the event of any injuries or damages resulting from such violation to either ABS-CBN, the ABS-CBN Group, or the Subsidiaries and Affiliates or other users of the Website, you may be exposed to all applicable civil and/or criminal penalties.

You further agree not to collect, share or store personal data about other users. You also agree not to claim the identity of or misrepresent another person.

You understand and agree that ABS-CBN will store the materials or communication subject of your Posts or Chats on its servers. Such materials will be subject to the Privacy Policy detailed hereinabove or as posted on the Website.

USER POSTED MATERIAL

You understand and agree that all information, data files, written text, Post(s) or other images (collectively “Material”), which are made available by users of the Website, past and present, on or through the Website are the sole responsibility of the person from whom such Material came.

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 Subsidiaries and 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 Subsidiaries and Affiliates, their employees, directors, shareholders, officers, agents, or representatives with respect to any Material posted by a user on the Website.

By Posting a Material on the Website, you represent and warrant that you own the Material posted or that you have obtained permission from the rightful owner of the Material to Post, use or display it on the Website. You also represent and warrant that the Posting of the Material does 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 Subsidiaries and Affiliates, their employees, directors, shareholders, officers, agents, or representatives, 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 Post on the Website. You also grant ABS-CBN and its Subsidiaries and Affiliates a perpetual, irrevocable, worldwide, royalty-free, unrestricted, unconditional 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 or any platforms or channels or ABS-CBN, its Subsidiaries and Affiliates.

We reserve the right, but shall have no obligation, to pre-screen, monitor, review, edit, modify, flag, refuse or remove any Material you Post or make available in the Website 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.

In using the Website, you may be exposed to Material made available by other subscribers or users that you may find offensive, indecent or objectionable. In such case, please advise us of such Material. However, you hereby expressly acknowledge and accept that certain Material may be posted or contained on the Website that may be in opposition to your personal beliefs, opinions or taste, but shall nonetheless be lawfully permitted.

ADVERTISEMENTS AND LINKS

Cinematografofilmfestival.com may show advertisements and communications from ABS-CBN, and its Subsidiaries and Affiliates. Unless otherwise specified, no advertisement, communication or information shall be deemed as a binding offer from ABS-CBN, or its Subsidiary or Affiliate. Furthermore, ABS-CBN makes no warranty, representation(s) or endorsement of any goods or services offered thereof. Instead, the advertisement, communication or information may be considered as an invitation for you to purchase products of ABS-CBN and its Subsidiaries and Affiliates or to engage or avail of their services.

Cinematografofilmfestival.com may also show advertisements and communications from advertisers other than ABS-CBN (“Other Advertisers”). You agree that your correspondence, transactions or dealings with the Other Advertisers are solely between you and the Other Advertisers (including, but not limited to, issues related to the content of third-party advertisements, payments, delivery of goods, warranties, privacy and data security). You agree and acknowledge that ABS-CBN shall not be liable for, and that you shall hold ABS-CBN and its Subsidiaries free and harmless from, any loss, claim, suit, proceedings or damage in connection with your correspondence or dealings with the Other Advertisers.

The Website may also provide links to other internet sites or social media sites (the “Linked Websites”). We encourage you to review the terms of use and privacy policies of these Linked Websites so that you can understand how they are operated and how they collect, use and share your information. We are not responsible for the information used, collected or shared by the Linked Websites. You agree and acknowledge that ABS-CBN may have no control over the content, operations, policies, terms or other elements of the Linked Websites. You further agree and acknowledge that ABS-CBN shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any content, goods or services available in the Linked Websites. No warranty, implied or express, is offered by ABS-CBN or its affiliates as to any goods or services provided by its advertisers.

PROMOTIONS

ABS-CBN provides the Website, and all its Components, on an “as is” basis, and hereby expressly disclaims all representations, warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, 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.

To the maximum extent allowed by applicable laws, ABS-CBN, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, for any information, software, products, services, content and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if ABS-CBN 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 Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

INDEMNITY

You agree to defend, indemnify and hold ABS-CBN, its Subsidiaries and Affiliates and their directors, officers, agents, or other partners, and employees, free and harmless from and against any and all claims, damages, liabilities, losses, costs and expenses, including attorney’s fees, made by any third party due to or arising out of or are otherwise directly or indirectly related to your use of the Website, or activities in connection to the Website, your use of the facilities of the Website, your violation or breach of the Terms, your violation of the rights of any person or entity, or your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities in connection with your use of the Website.

MISCELLANEOUS

These Terms shall be governed by the laws of California, USA.

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 of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms 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.

For more information on the system requirements of the Website, please visit the Help Center. If you have any questions or comments, email us at [email protected]festival.com for general inquiries or visit the Contact Us page.

TICKET AND FESTIVAL TERMS AND CONDITIONS

These Ticket and Festival Terms and Conditions (“Terms”) govern the relationship between ABS-CBN INTERNATIONAL (“ABS-CBN”, “us” or “we”) as organizer and seller of ticket of the Cinematografo International Film Festival (“Festival”) where all film screenings will be held at AMC Dine-In Kabuki Theatres at 1881 Post Street (at Fillmore) San Francisco (“Festival Venue”) on November 9 – 12, 2017 (“Festival Date”), and you as purchaser and/or user of the ticket for the Festival. Any reference to “we,” “us,” or “our” in the Terms refer to ABS-CBN. Any reference to “you”, “user” or “Ticket Holder” refer to the person purchasing or using the ticket.

These Terms should be read together with the terms that may be found at the back of the ticket and those posted on the official ticket agency’s website. We may update the Terms from time to time without prior notice and your purchase and use of the ticket constitute your acceptance of the Terms, and any amendment or updates thereto. Current versions of the Terms, including recent updates, will be available for viewing on this website.

PURCHASE OF TICKET

Any person who would like to attend the Festival may purchase his/her individual ticket for film screening or panel, or purchase a Cinematografo Gold Pass with access to regular screenings and panels (“Ticket” or “Tickets”) online from Box Cubed and Agile Ticketing Solutions, or via walk-up box office at the Kabuki Theatres Lobby 3rd Floor (beginning Thursday, Nov. 9 – 3:00 PM), or over the phone through +1 (415) 552-5580. You must be at least 18 years of age to purchase any Ticket and attend the Festival. Quantities are limited. Tickets obtained from unauthorized sources may be lost, stolen, and counterfeit or for limited/specified use only, and if so are void and will not be honored at the Festival. The person purchasing the ticket for his selected film screening or panel shall be required to pay the price indicated on the Ticket, except in case of limited offers, authorized discounts or applicable promotions (e.g., member discounts and promo codes with partner film organizations). Tickets purchased from Festival Venue’s official ticket agency shall, in addition to these Terms and Conditions, be subject to the terms and conditions of Festival Venue’s official ticket agent.

You shall be responsible in confirming whether the Ticket you bought reflects the correct Festival details so purchased (i.e. corresponding film screening or panel) and must ensure that the Ticket is kept in a safe place. You further acknowledge that the Ticket may be invalidated if any part of the ticket is removed, altered or defaced. Attendees with tickets purchased online may be required to present a valid ID at the time of entrance. ABS-CBN shall not be responsible for any Ticket that is lost, stolen or destroyed. You shall be responsible for safekeeping your ticket. In general, ABS-CBN will not replace any lost, damaged or defaced Ticket.

Purchase of the Ticket by Ticket Holder does not confer any rights to the Ticket Holder in and to the Festival or any portion thereof or any element therein nor does it confer any right to the Ticket Holder to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket or used in connection with the Festival. The Ticket Holder may not resell the Ticket at the Festival Venue for above face value.

By purchasing a Ticket for a particular film screening or panel, you are entitled to enter the Festival Venue on Festival Date and attend the particular film showing or panel corresponding to the Ticket you purchased. You acknowledge that there is no reserved or priority seating for ticket holders, tickets will be honored on a first-come-first-served basis for each screening. You further acknowledge that the performance may be recorded by ABS-CBN. Such recording may include the use of cameras within or among the audience that may partially and/or temporarily obstruct portions of the stage as viewed from any individual seat.

ATTENDANCE TO THE FESTIVAL

By purchasing a Ticket corresponding to the film or panel you selected, you are entitled to enter Festival Venue on Festival Date, watch the film screening or attend the panel based on the attendee’s purchased ticket, and to have access to and/or attend the offerings during the Festival in accordance with the purchased ticket such as, but not limited to, the different booths and certain activities at the Festival Venue. The Festival includes Private Special Previews which are by invitation only. Any giveaways in connection with promotional activities to be conducted during the Festival will be given to eligible attendees, subject to the applicable terms therein, while supplies last.

You must present the original Ticket to be admitted to the Festival Venue. One ticket admits one person only. You must retain the original Ticket at all times at and during the Festival. By purchasing the Ticket and attending the Festival, you agree that you have read and understood the terms and conditions of the Festival Venue.

You further agree and acknowledge that the Festival is a public Festival, and as such you have no expectation of privacy with regard to your attendance, presence, actions and/or conduct in and at the Festival. You agree and acknowledge that your appearance, image, name, likeness, participation and actions inside and within the vicinity of the Festival Venue may be photographed, filmed, recorded, aired, distributed, reproduced, broadcast, printed or published by ABS-CBN, its parent and affiliates in any and all media or platforms worldwide and in perpetuity. By attending the Festival, you hereby authorize and grant ABS-CBN, its parent and affiliates, without payment of any fee or compensation, the right to use, broadcast, display, record, distribute, air, exhibit, transmit, display, publish or reproduce your name, image, likeness, acts, poses, plays, appearances, participation, movements and statements at the Festival in any and all media or platform now known or hereafter developed, worldwide and in perpetuity without need of further authorization or approval from you or anyone acting on your behalf.

By purchasing the ticket and attending the Festival, you acknowledge that the content of the film screening or panel may contain strong language and/or descriptions of, or depictions of explicit/adult situations and that you hereby waive any assertion of tortious or civil liability arising out of or otherwise related to such explicit content or language. Viewer discretion is advised.

You agree and confirm that you are attending the Festival at your own risk and ABS-CBN shall not be liable for any medical or incidental health conditions, problems or risks that may occur during or in connection with your attendance at the Festival.

ABS-CBN reserves the right to refuse admission to anyone at the Festival or to order Ticket Holder to leave the Festival Venue, without need to refund Ticket Holder for the price of the Ticket or without any liability on the part of ABS-CBN, under circumstances where ABS-CBN reasonably considers that the Ticket Holder has breached these Terms or any law, regulation or rules applying to the Festival or venue of the Festival. At ABS-CBN’s sole discretion, the Ticket Holder who will come in late for a film screening or panel will only be admitted at suitable breaks during the show.

CHANGES IN FESTIVAL DETAILS

In case of Festival cancellation due to legal impossibility or impracticability (“Force Majeure”), ABS-CBN may, at its sole option, either (a) reschedule the Festival and (i) honor the same Ticket purchased for the Festival at the rescheduled Festival or (ii) allow Ticket Holder to receive refund for the amount stated on the face of the ticket (or, for a discounted ticket, then the discounted ticket price paid), without interest or penalty, provided the Ticket Holder submits his/her request for refund within the period and in accordance with the requirements specified by ABS-CBN; or (b) not reschedule the cancelled Festival and refund the amount stated on the face of the ticket to Ticket Holder, without interest or penalty. In case of Festival cancellation for reasons other than Force Majeure, ABS-CBN may give you a refund of the amount stated on the face of the Ticket (or, for a discounted ticket, then the discounted ticket price paid), without interest or any penalty, provided the Ticket Holder submits his/her request for refund within the period and in accordance with the requirements specified by ABS-CBN.

In case of rescheduling of the Festival, ABS-CBN shall use reasonable means to timely inform the Ticket Holder of the new schedule of the Festival. ABS-CBN reserves the right to change the venue of the Festival due to unavoidable circumstances such as, but not limited to Force Majeure, and endeavors to find a suitable substitute venue within the vicinity of the current Festival Venue. ABS-CBN further reserves the right to add, withdraw or substitute the advertised activities, time of activities, ticket prices, and audience capacity for and in connection with the Festival. In any of these cases, ABS-CBN shall announce the changes as soon as reasonably practicable. ABS-CBN shall not be liable for deviations from the program schedule of the Festival or any possible loss that may arise from such changes. You agree to indemnify ABS-CBN, including its shareholders, officers, directors, employees, affiliates, agents and representatives from and against any and all claims, losses, liability, damages, costs or expenses arising out of or in connection with any changes or deviations from the Festival details.

REFUND POLICY

Ticker Holder may be entitled to a refund of his/her Ticket for the Festival if the Festival is cancelled whether or not due to Force Majeure as provided above (Changes in Festival Details). If a refund is allowed as provided above, ABS-CBN will refund to the Ticket Holder only the amount stated on the face of the ticket (or, for a discounted ticket, then the discounted ticket price paid), without interest or penalty. Other than in cases where the Festival is cancelled whether or not due to Force Majeure as provided above, the tickets are NON-REFUNDABLE.

RESTRICTIONS

Minors, if allowed, must be accompanied and supervised by an adult at all times during the Festival. You shall not sell, resell, or use the Tickets for any commercial purpose/s, such as advertising or promotions of any other products or services without prior express written consent of ABS-CBN. Unlawful resale (or attempted resale) of the Ticket or any counterfeit Ticket is ground for seizure and/or cancellation of ticket without compensation. Such prohibited acts may further subject party(s) to all applicable civil and/or criminal penalties.

Ticket Holder shall be solely responsible for arranging and paying for any and all arrangements for or relating to his/her attendance to the Festival, including the costs and expenses for travel, accommodations or hospitality. If the Ticket Holder is entitled to a refund of his/her Ticket under these Terms and Conditions, ABS-CBN shall only refund the amount stated on the stated on the face of the ticket (or, for a discounted ticket, then the discounted ticket price paid), without interest or penalty, but shall not and not be liable for, nor reimburse said Ticket Holder for any cost or expense paid or incurred in connection with his/her attendance to the Festival, such as but not limited to the costs and expenses for travel, accommodations or hospitality or for lost income, salary or wages.

The Ticket does not include the costs of any additional goods or services, unless otherwise indicated by ABS-CBN. Furthermore, the Ticket Holder is not entitled to transport, parking, merchandise or any food or beverage during the Festival. Other independent service providers may provide service and the costs and expenses therefor shall be borne solely and separately by the Ticket Holder. In such case, the terms of such service providers will apply between the Ticket Holder and the service provider.

ABS-CBN reserves the right to prohibit the taking of photos, audio recording or video recording, uploading, publishing, and/or distributing such photo or video recordings at or during the Festival. Any Ticket Holder engaging in such prohibit recording and/or distribution of any audio or video element of the Festival may be subject to civil and/or criminal penalties. The Ticket Holder shall be responsible for safekeeping and securing his/her properties which he/she will bring at the Festival Venue. ABS-CBN shall not be liable for loss, damage or destruction of the Ticket Holder’s properties. The Ticket Holder must put all mobile phones on silent mode prior to start of the film screening or panel discussion. Ticket Holder is further prohibited from the use of such devices during the performance, including but not necessarily limited to, engaging in telephone conversations, taking flash assisted photos or video, using any application that unreasonably disrupts and/or distracts the performance/performer, or using any application that unreasonably disturbs and/or distracts other attendees/Ticket Holders.

The Ticket Holder is forbidden from bringing any of the following items inside the Festival Venue: • Food and drinks. • Items that may injure or annoy other persons, including chemical substances which give obnoxious fumes or smoke, glass bottles, alcoholic beverages, illegal drugs and other similar items. • Items intended for sale unless with express permission from ABS-CBN. • Any item that may impede the conduct of the Festival, such as laser pointers

Failure to comply with the foregoing will bar Ticket Holder from entry to the Festival Venue. Discovery of such prohibited items may also subject the Ticket Holder to seizure and/or arrest, as well as the applicable civil and/or criminal penalties.

OTHER TYPES OF FORCE MAJEURE

ABS-CBN shall not be liable to Ticket Holder for failure to perform any obligation under these Terms to the extent that the failure is caused by legal impossibility or impracticability or other types of Force Majeure. Other types of Force Majeure are those causes beyond ABS-CBN’s control including, without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, acts or regulations of national or local governments.

INTELLECTUAL PROPERTY

ABS-CBN is and shall remain the sole owner of including, but not limited to trademarks, copyrights, trade secrets, and other intellectual property (the “Intellectual Property”) of ABS-CBN and any Intellectual Property for, related to or in connection with the Festival. Ticket Holder acknowledges that he/she does not have and will not acquire any right, title or interest in the Intellectual Property, nor any party thereof. The Ticket Holder agrees that he/she will not directly or indirectly do or cause to be done or permit any act which may in any way jeopardize or adversely affect the validity of the Intellectual Property or ABS-CBN’s title thereto.

INDEMNITY

The Ticket Holder agrees to defend, indemnify and hold harmless ABS-CBN (including ABS-CBN’s shareholder, officers, directors, employees, affiliates, agents and representatives) from and against any and all claims, losses, liability, damages, injury, death, costs or expenses, including without limitation attorney’s fees and costs, arising out of or relating to the Ticket Holder’s breach or alleged breach of any obligation, representation or warranty under these Terms. For questions or comments about the Terms or about the Festival, please contact us, details here: http://cinematografofilmfestival.com/contact/

 

Updated as of: November 9, 2017