1MX is an Asian music festival that features well-curated world-class performances, bringing the global Asian community together through music, food, lifestyle and experiences. 1MX may be accessed via www.1musicx.com (the “Website”), on certain computers, internet-connected/smart TVs, mobile and other devices (the “Devices”) and is provided to users for their personal, private and non-commercial use only.
Additional terms may also apply based on the country/ies or territory/ies where You are or may be using or accessing the Website. It is Your responsibility to review and to comply with all applicable Terms and additional terms. By visiting, accessing or using the Website, You represent and warrant to Us that: (i) based on the laws of the relevant country/territory/jurisdiction, You are of legal age and 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 the Website, in, nor are a representative of the Government of, any of the sanctioned countries under the US Embargo and Sanction Laws; (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 or using the Website; and (v) You are not prohibited from accessing or using the Website under the relevant laws of the country or territory where You access or use the Website.
We expressly reserve the right to change, amend, modify, supplement, or update the Terms at any time and from time to time without prior notice to You. You acknowledge and agree that it is Your responsibility to review these Terms from time to time and to keep Yourself updated on any changes, amendments, modifications or updates thereto. Unless otherwise specified, any and all new feature/s or functionality of the Website shall be subject to the current Terms. The current version of the Terms, including recent updates, will be available on the Website. Your continued access and/or use of the Website after such modifications will constitute Your acceptance of and Your agreement to be bound by the Terms, and any amendment, addendum, modification, annex, supplement or updates thereto. Should You wish to discontinue the use of the Website at any time, You may do so in accordance with the Terms. If You do not agree with any of the Terms or any amendment or modification thereof, You must not continue to access or use the Website.
You acknowledge, understand and agree that Your access and/or use of the Website and the Device/s 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, or certain components, features, or functionalities thereof. By visiting, accessing or using the Website, You signify Your agreement to and acceptance of such terms and conditions and privacy policies of such affiliated and/or third-party entities. In addition, when using particular services or materials on the Website, Users may also be subject to any rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. You agree and acknowledge that We are not responsible, and do not assume any responsibility or liability for the actions, omissions, products and content of the foregoing (1) 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, or certain components, features, or functionalities thereof, and (2) third party providers of any such services or materials you use on the Website; and that You will hold Us free and harmless from and indemnify Us for any liability, damages, losses and costs (including reasonable attorney’s fees) awarded against or suffered by Us or Our Affiliates in connection with Your correspondence or dealing with them, and/or use or availment of their services.
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, advertisers, service providers, licensors, and includes (without limitation) all parties involved in creating, producing, operating, maintaining and/or delivering the Website/s and/or Application/s and/or its contents.
DESCRIPTION OF SERVICE
The Website provides information on upcoming 1MX music festival events globally. It provides information on event dates, event location, line-up of performers, schedule of performances, ticket info, artists bios and sample performances and other relevant event and venue policies. You are responsible for providing, at Your own expense, all equipment necessary to use and access the Website, including a Device, 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 the Website, 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. 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 Website, including but not limited to claims for infringement, invasion of privacy, defamation, or 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 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, 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.
PRIVACY AND USE OF PERSONAL INFORMATION
Your privacy is important to us. We are committed to safeguarding Your personal information and will use all good faith and reasonable efforts to secure the same.
When You visit, access or use the Website, You acknowledge that some of Your 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. If You do not provide us with any personal information that we request, we may be unable to provide You the Website.
We will endeavor to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. We may use overseas facilities to process or back up information. For example, we may transfer your personal information to our overseas facilities (and associated service providers) in the Philippines and/or in the United States for storage. While your local privacy laws may not apply to overseas facilities and recipients of personal information, this does not change any of our commitments to you to safeguard your privacy.
Upon request, we will provide you with access to personal information that we hold about you, except in the limited circumstances in which it is permitted for us to withhold this information. To request access to your personal information, or to change personal information that is inaccurate or out of date please visit the Info page.
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 Info page.
By visiting, accessing or using the Website, You authorize ABS-CBN and its Affiliates, and ABS-CBN’s and its Affiliates’ authorized service providers to use Your disclosed personal information for the following purposes: a) to provide You access to the Website; b) to market, promote and advertise the Website, and/or the products, services, events, initiatives and activities (and any feature, update, modification therof/thereon) 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 Website, and ABS-CBN’s and its 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 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 is acquired by another company; k) to transfer, move, copy, record store and use Your personal information outside the country where You are visiting, accessing or using the Website; l) to be used as a basis for displaying targeted advertisements on 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, to and among the ABS-CBN’s Affiliates located in various countries including but not limited to the United States, Canada, United Arab Emirates, United Kingdom, Australia, and Japan, and ABS-CBN’s and its Affiliates’ respective employees, agents, representatives, agents and authorized service providers, and that ABS-CBN, its Affiliates, and ABS-CBN’s and its Affiliates’ service providers may use Your personal information for the foregoing purposes without further notice. You also agree that ABS-CBN, its Affiliates, ABS-CBN’s and its Affiliates’ authorized service providers, ABS-CBN’s and its Affiliates’ respective directors, stockholders, 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.
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.
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 or unless otherwise permitted by law.
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. If you are in California, and would like to make such a request, please send an e-mail to firstname.lastname@example.org.
If you have any queries or complaints with regard our collection, use or management of your personal information, please email us at the email address on the Info page.
If you wish to make a complaint about an alleged breach of the Privacy Act, we ask that you send us your complaint in writing to the following email address [email@example.com]. We endeavour to respond to complaints within a reasonable period (usually 30 days). If you are in Australia and you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner by visiting https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us.
You further agree to be bound to the Privacy Notice of ABS-CBN.
ADVERTISEMENTS AND LINKS
The Website 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.
From time to time, we may conduct promotions and contests on or through the Website, which You may access (“Promotion”). Each Promotion may have additional terms and/or rules of participation (“Promotion Official Rules” or “Promo Terms and Conditions”), which will be posted or otherwise made available to You. The Promotion Official 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 Official 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: © 2023 ABS-CBN or its Affiliates, All Rights Reserved.
By accepting these Terms, You acknowledge and agree that all Content presented to You on the 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 the 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 the Website. Your unauthorized use of any Content, materials, or information appearing on the 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 Website will not infringe the rights of third parties.
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, including but not limited to: the 1MX mark, the 1MX logo, the ABS-CBN logo and/or other trademarks and logos related to 1MX, and ABS-CBN respectively, all shows, custom graphics, icons, the programs and Content on the Website, (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. You also acknowledge that other marks or logos, used in connection with 1MX and/or ABS-CBN are owned by third parties who have licensed their use to ABS-CBN and/or its Affiliates, and agree not to use or display any of them in any manner, and/or not to assert any right or claim thereto or ownership thereof.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You acknowledge that such other marks or logos used in this Website are owned by third parties who have licensed their use to ABS-CBN and/or its Affiliates, and you agree not to use or display any of them in any manner, and/or not to assert any right or claim thereto or ownership thereof.
Any rights not expressly granted herein are reserved.
USE OF MATERIALS
Subject to Our Privacy Notice, any communication or material that You transmit 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.
INTERRUPTION OF SERVICE
We reserve the right to suspend or interrupt use of and/or access to the Website, or any of its features and/or functionalities from time to time, in whole or in part, with or without prior notice, in order to perform maintenance, repairs, upgrades, or introduction of new features and/or functionalities.
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 Our reasonable control or for any disruptions arising from or attributable to Your actions.
We reserve the right to modify, suspend, discontinue or terminate, temporarily or permanently, the Website or your access thereto, at any time, with or without cause, with or without notice to you, effective immediately, including, without limitation, for breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your access to the Website and may be referred to appropriate law enforcement authorities. Upon modification, suspension, discontinuance or termination, regardless of the reasons therefor, Your rights to use the Website immediately ceases, and You acknowledge and agree that we have the right to stop access to and/or remove any Post, Material or any other information or content you may have uploaded thereto. 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 access and/or use of the Website 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 use of the Website, 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.
We disclaim any representations and warranties, including without limitation, the implied warranties or statutory guarantees of merchantability, acceptable quality 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, or Your subscription or purchase of any product and/or service on or through the Website 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.
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 guaranty or warranties, express or implied, as to the compatibility, integration and/or functional compatibility of the Website 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, or that Your access and/or use of the Website will be uninterrupted, secure or error free, or that any defects on the Website can be corrected, or that the Content, services and/or materials will meet Your requirements, or that the results obtained from the use of the Website will be effective, accurate or reliable; or that the quality of any Content, services, materials, information obtained by You from the Website will meet Your expectations or be free from mistakes, errors or defects.
The Website may include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and the services on the Website including descriptions of any services therein, at any time without notice. The materials or services on the Website may be out of date, and We make no commitment to update such materials or services.
The use of the services, 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.
Content available on or through the Website often represents the opinions and judgments of an information provider, 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 understand and agree that temporary interruptions of access to the Website or other services available thereon 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 the Website and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the services available on the Website 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.
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 DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR FUTURE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, 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 (i) THE USE OF OR INABILITY TO USE THE WEBSITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE WEBSITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS. DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED FROM THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE.
FURTHER, WE WILL NOT BE LIABLE FOR THIRD PARTY GOODS AND SERVICES WHICH MAY BE OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING 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.
You agree to indemnify and hold ABS-CBN, its Affiliates, respective directors, officers, shareholders, employees, agents, representatives and/or their respective Partners, free and harmless from and against any 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, Your connection to the Website, Your purchase of or subscription to any product/s and/or services/s from or through the Website , Your use of the facilities of the Website, Your failure to abide by the Terms, or your breach of any of your representations, warranties or obligations under the Terms, Your misuse of the Website, 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.
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be resolved solely by arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) in force at such time. The place, venue and seat of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or use of or access to the 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 Website 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 and policies of 1MX, please visit the Info page.
If You have any questions or comments, please email us at the email address on the Info page.