Terms and Conditions
1. About Us
PIE Channel (or “PIE”) Website is a collaborative undertaking between Kroma Entertainment Inc. and ABS-CBN Corporation that aims to provide a tradigital experience to television viewers by combining the best of the worlds of television entertainment and digital advantage. This PIE Website will support and serve any and all promotions, contests, raffle draws, surveys, polls, audition requirements and any other interactive activities (“Promotions”) in any of the programs in PIE appearing in tv.
2. Your Acceptance Of The Terms
3. Registration
4. Your obligations as an Account Member and PIE Website Use
5. PIE's And Third Parties' Websites And Services
This PIE Website is designed to gather personally identifiable information from users who choose to register and/or enter a particular Promotion, as well as records of communications and interactions with the PIE Website (chat, email, social media interaction, and all End User interactions on the PIE Website). This data is gathered for use by PIE for various purposes, including program enhancement and targeted marketing of PIE programs. PIE ensures it complies with its privacy obligations to both the people who register for an Account and those who enter the Promotions, and PIE diligently complies with the Data Privacy Act of 2012 and its Implementing Rules and Regulations. To learn about PIE's privacy policy, please visit our Privacy Policy Page.
To the extent PIE collects personally identifiable information, it does so solely for the purposes listed in the Privacy Policy, which includes those mentioned above, and the administration of the Promotions. PIE limits access to all personally identifiable information gathered within the PIE Website and data is never shared outside of the PIE, with the exception of the sponsors of the Promotions in which you decide to participate, or to our personal data processor or subcontractor or to comply with governmental or legal requests. PIE may contact you in connection with the Promotions you are a participant and use your personally identifiable information collected from past Promotions when you access future Promotions or utilize the PIE Website. You may request that your collected personally identifiable information be deleted from PIE systems at any time by sending your request to our Privacy Policy Page.
These Terms apply to all users and registrants/entrants of the PIE Websites and/or Promotions including users who are also contributors of user-submitted content, information, and other materials for audition purposes in any of the PIE programs.
It is possible that Promotion content may contain links to sponsor and/or third party websites that are not owned or controlled by PIE and, in order to access some features of the Promotion which are provided by, with or through a sponsor or third party, you may have to create an account with such sponsor or third party and/or enter into a separate commercial relationship with such entity. PIE has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any sponsor's third party's websites or services. In addition, PIE is not able to censor or edit the content of any third party website or service, and its ability to control the content of a sponsor's website is limited by the terms of our agreement, if any, with that sponsor. While PIE requests its sponsors and third parties to comply with Philippine privacy laws, and rules and regulations for advertising and marketing on the internet, as a practical matter, PIE has no independent means to verify such content compliance. You expressly relieve PIE from any and all liability arising from your use of any sponsor or third party website or service. Accordingly, PIE encourages you to be aware when you access some features of a website or services which are provided by, with or through a sponsor or a third party, to read the terms and conditions and privacy policy of each third party's website and service that you access.
6. Intellectual Property Rights
6.1. The content on the PIE Website and the Promotions, except all user submissions, including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ('Content') and the trademarks, service marks and logos contained therein ('Marks'), are either owned by or licensed to PIE or the sponsors of the Promotions, and are subject to copyright and other intellectual property rights under the Philippine laws, and relevant foreign laws and international conventions. Content on the PIE Website is provided to you 'AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PIE reserves all rights not expressly granted in and to the PIE Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the PIE Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PIE Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the PIE Website, or the Content therein.
6.2. PIE respects the intellectual property of others, and we ask you to do the same. You, therefore, agree that any content in your user submission that you provide to PIE in joining or participating in any Promotions does not and will not violate any law or infringe the rights of any third party, including, without limitation, any intellectual property rights, publicity rights, or rights of privacy. It is important that you understand that you are in the best position to know if the content you post is legally allowed. PIE may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
7. Content Submissions
7.1. The PIE Website supports the submission by you and other Account Members of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, 'User Submissions'), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PIE does not guarantee any confidentiality or protection of your content against use by third parties with respect to any of your submissions.
7.2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PIE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the PIE Website and these Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the PIE Website and these Terms. For clarity, you retain your ownership rights in your User Submissions, unless otherwise provided in specific terms or mechanics of each Promotion. However, by submitting the User Submissions to PIE, you hereby grant PIE a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicensable and transferable license to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, publicly display, and publicly perform the User Submissions in connection with the PIE Website and PIE's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the PIE Website (and derivative works thereof) in any media formats and through any media channels.
7.3. In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PIE all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage PIE or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates PIE's acceptable use policy; (g) or impersonate another person.
7.4. PIE does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and PIE expressly disclaims any and all liability in connection with User Submissions. PIE does not permit copyright infringing activities and infringement of intellectual property rights on the PIE Website, and PIE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. You acknowledge that PIE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. PIE also reserves the right to terminate a User's access to the Website and services, if they are determined to be an infringer. An infringer is a user who has been notified of infringing activity and/or has had a User Submission removed from the Website and/or the Services. PIE also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PIE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
7.5. You understand that when using the PIE Website and/or joining a Promotion, you will be exposed to User Submissions from a variety of sources, and that PIE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PIE with respect thereto, and agree to indemnify and hold PIE, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
8. Warranty Disclaimer
9. Limitation of Liability
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PIE, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE 'RELEASED PARTIES') ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE WEBSITE AT YOUR OWN RISK.
Without limitation of the foregoing, to the full extent as permitted under law, neither PIE nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website or the Content, including without limitation any damages caused by or resulting from your reliance on the Website or other information obtained from PIE or any other Released Party or accessible via the Website, or that result from mistakes, errors, omissions, interruptions of the Website, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to PIE or any other Released Party's records, programs or services.
10. Applicable Law And Venue
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than class actions, and also limits the remedies available to you in the event of a dispute. The Website is controlled by PIE and operated from its registered offices with the Securities & Exchange Commission. You and PIE both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and PIE explicitly agree that all disputes, claims or other matters arising from or relating to your use of the PIE Website will be referred to and determined by a sole arbitrator under Philippine Dispute Resolution Center, Inc.
11. Termination/Modification
Notwithstanding any provision of these Terms, PIE reserves the right, without notice and in its sole discretion, without any liability to you, to (a) terminate your right to use or access the Website, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website or Content; (c) change, suspend or discontinue any aspect of the Website or Content; and (d) impose limits on the Website or Content.
12. General Terms
12.1. Notification Procedures and changes to these Terms. PIE may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, 'push' mobile notification, written or hard copy notice, or through posting of such notice on theWebsite, as determined by PIE in our sole discretion. PIE reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. PIE may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. PIE is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
12.2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PIE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.3. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with PIE in connection with the Service, shall constitute the entire agreement between you and PIE concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
12.4. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PIE's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Parental Guidance
While PIE may choose to monitor and take action upon inappropriate content, chat or links to the Website, it is possible that at any time there may be language or other material accessible on or through the Website that may be inappropriate for children or offensive to some users of any age, nationality or culture. PIE cannot ensure that other users will not provide User Submissions or access to content that parents or guardians may find inappropriate or that any user may find objectionable. PIE does not as a matter of policy pre-screen the User Submissions or communications transmitted by each user. It shall be your responsibility to screen and access content that are appropriate to your age level and further warrant that you have secured the necessary consent and advice from your parents and/or guardian to avail or use the Website.
Privacy Statement
Last Updated: 16 February 2023
Welcome! PIE is a collaborative undertaking between Kroma Entertainment Inc. (“Kroma”) and ABS-CBN Corporation (“ABS-CBN”). Together, this PIE Privacy Policy (“Privacy Policy”) will refer to Kroma and ABS-CBN as “we” or “our”, as the context may require, hereinafter.
This Privacy Policy should be read and understood in conjunction with the PIE Terms and Conditions.
This Privacy Policy is laid down in accordance with the Philippine Data Privacy Act of 2012 (R.A. No. 10173), its implementing rules and regulations and related issuances of the National Privacy Commission (collectively referred to herein as “Law”).
Our Privacy Policy applies to the processing of personal information and sensitive personal information (collectively, “Personal Data”) that are collected through PIE. For this purpose, the term “processing” shall include, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of personal data.
Personal information
Personal information shall refer to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
The personal information collected by PIE are as follows:
Sensitive personal information
Under Philippine law, sensitive personal information refers to personal information:
We will only process sensitive personal information upon the express consent of the data subject and only for purposes it was provided, or in accordance with law.
In processing sensitive personal information, we will inform data subjects of the sensitive personal information that is necessary to fulfill the core functionality of the product or service, and the consequences of refusal to the processing, for the purpose of allowing the data subjects to decide whether or not to give consent.
Collection, Purpose of Collection and Processing of Personal Data
Personal data will, generally, only be collected and used for the primary purposes of:
Disclosure
We will disclose personal data:
We will not disclose your personal data for any secondary purposes unless your consent has been previously obtained in accordance with law.
We will not sell or license any personal data that we collect from an individual.
In situations where we process personal data outside reasonable expectations, we will require your consent prior to processing.
Cross-border disclosure
Any personal data provided to us may be transferred to, stored by or disclosed to an overseas recipient for legitimate purposes in accordance with applicable data protection laws. For example, we may use a server hosted overseas to store data, which may include your personal data.
We will take reasonable steps, in the circumstances, before your personal data is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal data.
Data Subject Rights
PIE recognizes that you should be the ultimate decision-maker on matters that involve your Personal Information. To this end, PIE is mindful of the fundamental right to privacy of every PIE Website User under the Data Privacy Act of 2012, and its Implementing Rules and Regulations (“DPA”).
By accepting the Terms of Use below, you agree to the collection, processing, use, and sharing of your Personal Information in accordance with this Privacy Policy that will enable us to provide you with your desired PIE products and services. Unless specifically provided, the defined terms here shall have the same meaning ascribed to them in the DPA.
As a User, you understand and agree that:
Data Breach
Where a suspected data breach has occurred, we will act in accordance with our data breach response plan. In the event that we have determined that a data breach has occurred, we will notify the National Privacy Commission and affected data subject(s) in accordance with law.
Anonymity
We give individuals the option not to identify themselves when dealing with it, where practicable. However, if you do not provide us with the personal data that we request, our ability to handle your inquiry, request, complaint or application may be diminished.
Consent and limitation in the processing of personal data
You may choose whether or not to provide your personal data, and, if already provided, you may choose to exercise your right to object, block, or remove such personal data as provided by law. If you would like to exercise your right to object, block, or remove your consent, please contact us using the contact details below.
In this case, however, we may not be able to adequately provide you the assistance or services you requested.
When you object, block or remove your consent, we shall no longer process your personal data, except in cases allowed or required by law.
If you would like to update, correct or access your personal data, please contact us using the contact details below.
Retention and Deletion of Personal Information
We will retain your personal data for as long as necessary in relation to the purposes listed above, and to comply with legal obligations.
When the personal data is no longer necessary, it shall be removed and deleted from PIE’s storage facilities, including all copies made.
Inquiries and Complaints
If you have any queries or concerns about our privacy policy, this addendum or about our use of your personal data, you may write to us using the following contact details:
Email: dpo@pie.com.ph
Attn: Data Protection Officer
2/F Globe Telecom Plaza
Pioneer corner Madison Streets
Mandaluyong City
Attn: Data Protection Officer
ABS-CBN Broadcast Center
Sgt. Esguerra Ave., corner Mother Ignacia Street
Diliman, Quezon City