TERMS AND CONDITIONS
You must be a Cignal DTH Service subscriber to register for the CIGNAL PLAY.
1. ABOUT THE CIGNAL PLAY 1.1 The CIGNAL PLAY and your viewing device registered/enrolled to the CIGNAL PLAY service (which is hereafter referred to as "Viewing Device") provide you with a method of accessing, through the CIGNAL PLAY user interface, programmes, films and other audiovisual or audio content, applications, information and/or services (called "Content" in these Terms) on your Viewing Device. 1.2 Because of the way the CIGNAL PLAY is set up: 1.2.1 your Viewing Device, its functions and features is the responsibility of the manufacturer and subject to the manufacturer's usage policy; 1.2.2 CIGNAL TV will only provide you with a method of accessing Content on your Viewing Device via the CIGNAL PLAY user interface; 1.2.3 Content you receive via the CIGNAL PLAY is made available to you by CIGNAL TV or by other people (which CIGNAL TV call "Content Providers" in these Terms), and such Content Providers are responsible for the scheduling and availability of any and all Content on the CIGNAL PLAY .
2. ABOUT CIGNAL PLAY AND YOU 2.1 CIGNAL TV and you: By signing up to use the CIGNAL PLAY service and agreeing to these Terms, you are entering into a legally binding agreement with CIGNAL TV , and accept full responsibility for use by you, anyone else in your household, and any third party, of your Viewing Device and/or the CIGNAL PLAY received through your Viewing Device. If you do not agree to these Terms, your permission to access or use the CIGNAL PLAY service is automatically and immediately revoked and you must discontinue use of the CIGNAL PLAY immediately. In these Terms, "CIGNAL TV, Inc.", "CIGNAL TV" or "our" refers to CIGNAL TV, Inc. , and "you" or "your" refers to you as the user of the CIGNAL PLAY.
5. YOUR USE OF THE CIGNAL PLAY 5.1 How you may use the CIGNAL PLAY: Subject to your compliance with these Terms, you may use the CIGNAL PLAY for private, non-commercial use in the Republic of the Philippines only. 5.2 How you may not use the CIGNAL PLAY: In addition to the Prohibited Acts specified in the Cignal TV and CIGNAL PLAY website, you may not use the CIGNAL PLAY in any way other than as described in paragraph 5.1 above. In particular you may not: 5.2.1 make any public or commercial use of the CIGNAL PLAYs or any Content; 5.2.2 modify, copy (except as permitted by law), reproduce, rebroadcast, or retransmit in any way any of the Content or the CIGNAL PLAY; 5.2.3 copy or transfer any Content or the CIGNAL PLAY to another device; 5.2.4 access or use, or allow anyone else to access or use, the CIGNAL PLAY for any unlawful purpose; 5.3 Breach of security: If you suspect or become aware of: any breach of the security measures on the CIGNAL PLAY; any unauthorised use of the CIGNAL PLAY; or any other breach of security regarding any transactions that you make through the CIGNAL PLAY, please tell CIGNAL TV immediately via the Cignal TV's Customer Care email: firstname.lastname@example.org. 5.4 When you register to avail of the CIGNAL PLAY and register your Viewing Device, you will be submitting your device and account information. You accept that it is your sole responsibility to maintain the confidentiality of your credentials and that you are responsible for all activity that occurs under them. You agree to notify CIGNAL TV immediately of any unauthorized use of your information and any other breach of security as soon as you become aware of it. Any private information and/or data relating to your use of the CIGNAL PLAY as part of the registration process will only be used by CIGNAL TV, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your use of the CIGNAL PLAY. In addition, we may, at our sole discretion, disclose this information to regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent. 5.5 To enjoy the CIGNAL PLAY, you must comply with the following requirements: (i) be an active subscriber of Cignal DTH and CIGNAL PLAY service (with no past due balance) under any of the subscription plans. (ii) pay any charges which CIGNAL TV may impose for access to, or use the CIGNAL PLAY and/or the Content (i.e. movies on demand, video bundles, pay per view events and programs). As may be applicable, CIGNAL PLAY charges shall be reflected in your Cignal DTH Statement of Account and shall follow the same billing cycle and payment due date of your Primary Service subscription. Failure on your part to settle or pay Cignal subscription fees and charges as they are due shall result in the disconnection of your CIGNAL PLAY service. (iii) to comply with the user registration requirements be an active subscriber of an internet service, for more details, please visit the FAQ on CIGNAL PLAY website. CIGNAL TV reserves the right to revise/make changes to the above set of subscription plans/packages to whom the CIGNAL PLAY service may be made available to, as well as the program lineup included in the CIGNAL PLAY service. (iv) have access to, or use an internet service of the required specification. (v) use a compatible viewing device as specified in CIGNAL PLAY website.
6. CONTENT 6.1 As stated in paragraph 1.2 above, the Content is made available to you by Cignal and/or Content Providers. As a result: 6.1.1 third party's (Content Providers and/or content copyright owners) terms and conditions and privacy policies may apply (see paragraph 3.3 above) and in such cases, CIGNAL TV is not responsible for the said terms and conditions; 6.1.2 CIGNAL TV has no responsibility for Content Providers; 6.1.3 in the case of information provided by third parties, CIGNAL TV makes no guarantee of its correctness or accuracy; and 6.1.4 your dealings with (including participation in any promotions by) any Content Providers through the CIGNAL PLAY are solely between you and such content provider. You agree that CIGNAL TV shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of any dealings with Content Providers or other third parties via the CIGNAL PLAY or as the result of their presence on the CIGNAL PLAY.
7. THE CIGNAL PLAY AND INTERNET SERVICE 7.1 The connection you'll need: To use the CIGNAL PLAY and certain elements of the service, you will need an internet service as stated in CIGNAL PLAY website. In order to make the most of the CIGNAL PLAY and to enjoy a high quality viewing experience you will need an internet service speed no lower than the speed recommended by CIGNAL TV from time to time. Please check our website for further details CIGNAL TV may provide on this matter. 7.2 Your internet service use: Even if your internet service speed meets or is above the speed CIGNAL TV recommends, if anyone else is using your internet service (for example on another computer in your home) at the same time as you are using it to access certain elements of the CIGNAL PLAY, this may affect your ability to make the most of and enjoy the CIGNAL PLAY. 7.3 Your service provider and usage: The CIGNAL PLAY uses your internet service for a variety of reasons, such as accessing certain Content and accessing software upgrades and updates (see paragraph 8.3 below). Your internet service usage is subject to the terms and conditions which your internet service provider applies to your use of its services CIGNAL TV is not responsible for any charges on your data usage as a result of access to the CIGNAL PLAY service. You should be careful that you do not exceed any cap on use of your internet service which applies to your internet service provider account. If you are not sure whether or not you are subject to any cap on use of your internet service you should check with your internet service provider. 7.4 Interruptions to your internet service: If your internet service is interrupted or unavailable you may not be able to access the CIGNAL PLAY or certain elements thereof. We are not responsible if your access to the CIGNAL PLAY is interrupted or unavailable due to your internet service.
8. CHANGES TO THE CIGNAL PLAY 8.1 Necessary changes: CIGNAL TV may, without prior notice, make changes to the CIGNAL PLAY: 8.1.1 as a result of legal or regulatory requirements; 8.1.2 if the change does not have a detrimental effect on the CIGNAL PLAY you are currently receiving; 8.1.3 where it is necessary to do so to fix any "bugs" or errors; 8.1.4 for reasons relating to security of the CIGNAL PLAY; and/or 8.1.5 for technical and/or operational reasons. In some circumstances such changes may have to be made quickly to the CIGNAL PLAY application. Some functionality and/or features may be lost during this time but CIGNAL TV will try to fix and to restore all functionality and/or features as quickly as possible and CIGNAL TV will not be liable to you for any such period of lost functionality and/or features. 8.2 Improvements to the CIGNAL PLAY service: CIGNAL TV is always looking for ways to improve the CIGNAL PLAY, and CIGNAL TV may, without prior notice, make such improvements from time to time. These improvements might include, amongst other things: 8.2.1 adding new features; 8.2.2 removing any features that are not working properly; 8.2.3 changing certain technical specifications; 8.2.4 embedding digital rights management protection to enable Content Providers to protect their Content; and/or 8.2.5 making other changes that are necessary to improve the CIGNAL PLAY. 8.3 CIGNAL PLAY software upgrades and updates: We will make the changes described in paragraphs 8.1 and 8.2 above through software upgrades and updates, which will be delivered to you via your internet service. In the event of any upgrades and updates, in order to continue enjoying the CIGNAL PLAY, you must accept/approve/install any such software upgrades and updates as CIGNAL TV may notify you of. You will not be able to decline any software upgrade or update relating to a change described in paragraphs 8.1 or 8.2 for the continued use of the CIGNAL PLAY service. 8.4 Third party software upgrades and updates: Your Viewing Device contains software of third parties such as software provided by the manufacturer of your Viewing Device. These third parties may upgrade and update their software from time to time. We are not responsible for any such upgrades or updates.
9. INTELLECTUAL PROPERTY RIGHTS 9.1 Our rights and the rights of Content Providers: You may not use any of CIGNAL TV's branding or intellectual property rights without our prior permission in writing or use the branding or intellectual property rights of any Content Providers or their Content without their prior permission in writing. CIGNAL TV reserves all of its rights in the CIGNAL PLAY and its name, logo, branding and trade marks. 9.2 Software: CIGNAL TV will supply the CIGNAL PLAY and any software developed by CIGNAL TV in connection with the CIGNAL PLAY using reasonable skill and care but CIGNAL TV makes no other representations, warranties or guarantees, either express or implied, with respect to the CIGNAL PLAY and such software. Software developed by third parties but supplied by CIGNAL TV is provided on an "as is" and "as available" basis and CIGNAL TV does not make any representations or warranties or guarantees either express, implied or statutory, with respect to such software. 9.3 Digital rights management: Your Viewing Device contains digital rights management security features. Some Content may also utilise digital rights management security features and/or other content-protection measures. These features and measures enable Content Providers to protect their Content when they make it available to you via the CIGNAL PLAY. You may not remove or circumvent or try to remove or circumvent these features or measures.
10. INTERRUPTIONS TO AND SUSPENSION OF THE CIGNAL PLAY 10.1 Occasionally, CIGNAL TV may have to interrupt the CIGNAL PLAY or suspend or restrict your use of all or any part of the CIGNAL PLAY where reasonably necessary for technical, operational, security, legal or regulatory reasons. If CIGNAL TV does so, CIGNAL TV will restore it as quickly as CIGNAL TV can and CIGNAL TV will not be liable to you for any harm you suffer as a result of such interruption, suspension or restriction. 10.2 In the event that your Viewing Device is identified as a device in respect of which any digital rights management system has been circumvented or is likely to be circumvented, CIGNAL TV reserves the right to suspend the provision of all or part of the CIGNAL PLAY to you.
11. PARENTAL CONTROLS 11.1 Content that might not be suitable for everyone: Some Content may not be suitable and/or available for everyone. This might include programmes that are not appropriate for children, or services for which payments are required on top of the CIGNAL PLAY monthly access fee. CIGNAL TV and the CIGNAL PLAY application do not provide parental controls and you are responsible for allowing Content to be viewed by members of your household, or users of your Viewing Device. CIGNAL TV will not be responsible for any harm, loss or damage you suffer or any other user of your Viewing Device suffers as a result of your allowing Content to be viewed by members of your household, or users of your Viewing Device, for whom such Content is not appropriate.
12. ACCESSIBILITY CIGNAL TV reserves the right to impose and implement a maximum number of CIGNAL PLAY registered and concurrent users.
13. CIGNAL PLAY AND RESPONSIBILITIES 13.1 The quality of the CIGNAL PLAY you receive: CIGNAL TV aims to provide a continuous, high quality service but CIGNAL TV cannot guarantee that the CIGNAL PLAY will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions. 13.2 Other factors that determine the quality of the CIGNAL PLAY that you receive: The quality and availability of the CIGNAL PLAY is dependent in part on factors which are outside of CIGNAL TV 's control such as: 13.2.1 your internet service; 13.2.2 the quality and availability of the Content; and 13.2.3 your Viewing Device; 13.3 Types of loss or damage that CIGNAL TV are not responsible for: CIGNAL TV is not responsible for any harm, loss or damage suffered by you or anyone else which may arise from use of the CIGNAL PLAY: 13.3.1 when CIGNAL TV has complied with these Terms; 13.3.2 if you have not complied with these Terms; 13.3.3 as a result of a defect with your Viewing Device; 13.3.4 relating to your use or viewing of any Content; 13.3.5 which is indirect or a side effect of the main harm, loss or damage and which CIGNAL TV and you could not have anticipated nor expected to happen when you agreed to these Terms, for instance if you lose revenue or salary, profit, opportunity or reputation; 13.3.6 as a result of any loss of data from or damage to your Viewing Device or the CIGNAL PLAY; or 13.3.7 as a result of any infringement or alleged infringement of intellectual property rights by a third party; and 13.3.8 if the CIGNAL PLAY is interrupted, suspended or otherwise not provided to you or if CIGNAL TV does not comply with these Terms because of events beyond CIGNAL TV's control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure, other natural calamities, electrical current fluctuations, accident, force majeure, fortuitous events, or circumstances beyond the control of CIGNAL TV . 13.4 Please note that the information, software, products and services included in, or available through, the CIGNAL PLAY are continually being updated and upgraded. CIGNAL TV does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE CIGNAL PLAY IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. CIGNAL TV EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. The information and other materials included on this site may contain inaccuracies and typographical errors. CIGNAL TV does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. CIGNAL TV reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice. CIGNAL TV does not warrant that the functions contained in the CIGNAL PLAY will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. CIGNAL TV does not represent the full functionality, accuracy or reliability of any material. CIGNAL TV may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability. 13.5 Types of loss or damage for which CIGNAL TV liability is limited: For any loss or damage suffered by you or anyone else which may arise from use of the CIGNAL PLAY and which is not covered by paragraph 13.3, CIGNAL TV's liability is limited to an equivalent of one month's subscription fee for the CIGNAL DTH plan you are subscribed to. 13.6 You agree to hold harmless and indemnify CIGNAL TV, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the CIGNAL PLAY, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. If CIGNAL TV receives notice of such a claim from someone other than the registered user whose use of the site is in question, CIGNAL TV will provide that registered user with written notice of such claim, suit or action, via the contact information provided by that registered user at the time of registration.
14. TERMINATION 14.1 You may stop using the CIGNAL PLAY at any time by cancelling your subscription in the CIGNAL PLAY by requesting for cancellation of your CIGNAL PLAY subscription via Cignal TV Customer Care hotline. 14.2 If you fail to comply with these Terms, CIGNAL TV may stop your access to the CIGNAL PLAY or to certain elements of the CIGNAL PLAY.
15. GENERAL TERMS 15.1 Save as otherwise expressly stated, these Terms contain the entire agreement between CIGNAL TV and you relating to your use of the CIGNAL PLAY and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between CIGNAL TV and you relating to the CIGNAL PLAY. 15.2 CIGNAL TV may assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms to any company, firm or person. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except in accordance with the prior written consent of CIGNAL TV. 15.3 These Terms are personal to you and no third party is intended to benefit under these Terms. 15.4 If you fail to comply with these Terms and CIGNAL TV takes no action against you, CIGNAL TV will still be entitled to enforce its rights against you in relation to that breach and to use CIGNAL TV 's rights and remedies in any other situation where you breach these Terms. 15.5 All or any part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of the parties' respective obligations. 15.6 Any disputes arising out of these Terms will be governed by and interpreted in accordance with the laws of the Philippines. If you choose to bring proceedings in connection with these Terms you must do so in the courts of Makati City, to the exclusion of any other courts. *END -