Terms of Use | FDCP Channel

FDCP Channel Terms of Use


Hello, supporters of Philippine Cinema! The FDCP Channel provides a service that allows our members to access films (“FDCP Channel content”) streamed over the Internet to computers and other devices.


These Terms of Use govern your use of our service. As used in these Terms of Use, "FDCP Channel service", "our service" or "the service" means the service provided by FDCP Channel in watching the Channel’s content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.


1. Membership


1.1. Your membership in FDCP Channel will continue until terminated. To use the FDCP Channel service, you must have internet access and a ready device. For paid subscriptions, you must provide us with one or more payment methods.


1.2. Throughout the service, a number of membership plans and options may be offered which may include special promotional plans and/or memberships. Other membership plans for film festivals and/or special programming featured on the FDCP Channel are subject to different conditions and limitations.


2. Paid Subscriptions and Billing Cycles


2.1. Billing Cycle. The membership fee for the FDCP Channel service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged via our payment gateway partner.


3. Payment Methods and Cancellation


3.1. Payment Methods. To use the FDCP Channel service, you must abide with the terms and conditions set out by our payment gateway partner. Each film line-up, special program, and/or film festival will have their own subscription plans and offerings for the members. Free subscriptions will not be charged anything. For some Payment Methods, the issuer may charge you additional fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.


3.2. Updating your Payment Methods. You can update your payment methods in every transaction.


3.3. Proof of Payment. After your payment is successfully credited to your subscription, an email will be sent to your provided email address from our payment gateway partner. This shall serve as your official proof of purchase.


3.4. Cancellation. You can cancel your FDCP Channel membership at any time. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched FDCP Channel content.


3.5. Changes to the Price and Subscription Plans. Subscription plans vary for each film line-up, special program, and /or film festival featured in the platform. Members of the FDCP Channel, however, will automatically be registered to the FREE subscription every time until they upgrade and/or purchase festival passes.

 

4. FDCP Channel Service


4.1. You must be at least 18 years of age to become a member of the FDCP Channel service. Minors may only use the service under the supervision of an adult.


4.2. The FDCP Channel service and any content viewed through the service are for your personal and non-commercial use only and may not be shared. During your membership, we grant you a limited, non- exclusive, non-transferable right to access the FDCP Channel service and view FDCP Channel content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.


4.3. You may view the FDCP Channel content only within the Philippines. Only one (1) device per account may be used during log-in. FDCP Channel will automatically disable the other device if used simultaneously.

 

4.4. The FDCP Channel service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of FDCP Channel content.


4.5. Currently, no content may be downloaded.


4.6. You agree to use the FDCP Channel service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the FDCP Channel service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the FDCP Channel service; use any robot, spider, scraper or other automated means to access the FDCP Channel service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the FDCP Channel service; insert any code or product or manipulate the content of the FDCP Channel service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FDCP Channel service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.


4.7. The quality of the display of the FDCP Channel content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching FDCP Channel content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your FDCP Channel ready device.


4.8. FDCP Channel website is developed by, or for, FDCP Channel and is designed to enable viewing of FDCP Channel content through a web browser. You acknowledge that the use of the service may require third party software that is subject to third party licenses.


5. Passwords and Account Access.


The member who created the FDCP Channel account and whose payment method is charged (the "Account Owner") has access and control over the FDCP Channel account and is responsible for any activity that occurs through the FDCP Channel account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the browsers that are used to access the service and not reveal the password or details of the payment method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Should  a suspicious activity occur, FDCP on its own or through your recommendation, can terminate your account or place your account on hold in order to protect you, FDCP Channel or our partners from identity theft or other fraudulent activity. Prior to suspension, FDCP Channel shall give a 3-day notice to the member detailing the suspicion and the action to be taken.


6. Viewers’ Discretion Advisory.


Each film featured in the FDCP Channel is rated accordingly. The advisory shall guide you on the appropriateness of the content of the film featured. These ratings are made available and indicated in each film, hence, you agree to take responsibility in observing the advisories provided for. The ratings are as follows:


I. G- A G classification advises parents or supervising adults that the film is suitable for all audiences.


II. PG - PG classification advises parents or supervising adults that the film may contain any of the following: themes, language, violence, nudity, sex, and horror, whose treatment is suitable for children below thirteen (13) years of age.


III. R13- R-13 classification advises parents or supervising adults, as well as the would-be viewers themselves, that the film may contain any of the following: themes, language, violence, nudity, sex, horror, and drugs whose treatment may not be suitable for children below thirteen (13) years of age.


IV. R16 - R-16 classification advises parents and supervising adults that the film may contain any of the following: themes, language, violence, nudity, sex, horror, and drugs that may not be suitable for children below sixteen (16) years of age.


V. R18 - R-18 classification advises viewers, parents, and supervising adults that the film may contain any of the following: themes, language, violence, nudity, sex, horror, and drugs that may not be suitable for children below eighteen (18) years of age.


7. Warranties and Limitations on Liability.


The FDCP Channel service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the existing laws in the Republic of the Philippines.


8. Class Action Waiver.


WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FDCP CHANNEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and FDCP Channel agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.


9. Miscellaneous


8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines.


8.2. Unsolicited Materials. The FDCP Channel does not accept unsolicited materials or ideas for FDCP Channel content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the FDCP Channel.


8.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please email us at fdcpchannel@fdcp.ph.


8.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


8.5. Changes to Terms of Use and Assignment. FDCP Channel may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.


8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.