BlastTV Terms and Conditions of Use

Effective Date: October 13, 2023

Welcome to BlastTV. BlastTV offers ad-supported and subscription live television streaming service providing our users access to movies and shows ("BlastTV content") from a selection of Virtual Live Linear and Linear Channels and on-demand content that can be streamed through web browsers, smart TVs, digital media players, and apps (iOS and Android) ("BlastTV ready devices").

By availing of our service, you are deemed to have accepted these Terms and Conditions of Use, which shall govern your use of the same.

As used in these Terms and Conditions of Use, the term "BlastTV Service" shall refer to the exclusive service provided by BlastTV for watching BlastTV content, including all its features and functionalities.

1. Registration, Membership, and Access Controls

1.1 Your BlastTV membership will continue based on your subscription and will be subject to automatic renewal until terminated. To use the BlastTV service you must have Internet access and a BlastTV ready device. You shall choose one or more Payment Methods to avail of our service. “Payment Method” shall refer to a valid, and acceptable method of payment, as may be updated from time to time. This may involve payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).

1.2 We may offer a number of membership plans. This may include memberships offered by third parties in conjunction with the provision of their own products and services. We emphasize that we shall not be held liable for any of the products and services provided by said third parties. Membership plans may be subject to different conditions and limitations. These shall be disclosed to you upon signing in or in other communications made available to you. You can find specific details regarding your BlastTV membership by visiting our website and clicking on your Account page.

1.3 BlastTV is also offered as a free add-on ad-supported service exclusively available to subscribers of participating home network broadband providers (“Our Partners”) upon authentication of your broadband subscription credentials. BlastTV subscribers falling under this category need not register any Payment Method(s) and will only do so if they wish to upgrade to remove ads.

1.4 The user who created the BlastTV account is responsible for all activities undertaken with said BlastTV account. To maintain control over the account and prevent anyone from accessing it without the owner's consent, the latter shall not reveal the password or details of the account to anyone. You shall remain responsible for updating and ensuring the accuracy and correctness of the information you provide with respect to your account. We can suspend or even terminate your account for the purpose of protecting you, BlastTV or our partners from identity theft or other fraudulent activity by third parties.

2. Promotional Offers

At BlastTV’s discretion, we may offer special promotional plans or memberships (“Offers”). Offer eligibility is determined by BlastTV at its sole discretion. We reserve the right to cancel an Offer and suspend your account if we determine that you are not eligible. You allow us to use certain information associated with your BlastTV membership to determine Offer eligibility. The eligibility requirements, including limitations and conditions, shall be disclosed when you apply for the Offer, or through other communications.

3. Billing and Cancellation

3.1 Billing Cycle. The membership fee and other charges you may incur in connection with your use of BlastTV service, shall be charged based on your preferred Payment Method on the payment date provided on your “Account” page. We offer a variety of subscriptions with different billing cycles. You shall choose any of these when you sign up for the service. Membership fees are fully earned upon payment. Please take note that your payment date may change if your Payment Method has not been successfully settled when you change your subscription plan. To view your next payment date, please visit our website and click on the “Billing details” link on the “Account” page. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If your Payment Method involves an account with a third party service provider, you must consult said party for all inquiries regarding your billing information.

3.2 Payment Methods. Before using the BlastTV service, you must first provide BlastTV with one or more Payment Methods. In the event that your primary Payment Method is declined or is no longer available, you authorize us to charge all necessary fees through any Payment Method of our choice. You shall be liable for any unpaid charges or fees. If for any reason, said fees or charges are not paid, we may suspend your subscription until these are paid or until we have charged you on the basis of a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3 Updating your Payment Methods. To update your Payment Methods, simply go to the “Account” page on our website. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue charging you through the applicable Payment Method(s).

3.4 Cancellation. You can cancel your BlastTV membership at any time. Upon cancellation, your account will automatically close at the end of your current billing period. The instructions for cancelling your membership can be seen in the “Account” page on our website. If you signed up for BlastTV using your account with a third party as a Payment Method and wish to cancel your BlastTV membership, you shall do so through said third party.

3.5 Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service at any time, in our sole and absolute discretion. Except as otherwise expressly provided for in this Terms and Conditions of Use, any changes to the price or to your subscription plan shall take effect upon notice to you.

3.6 No Refunds. Payments are nonrefundable. Neither shall refunds or credits be allowed for partially used membership subscriptions. However, at any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are to be determined upon our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances. Under no circumstance are we obligated to provide credits in the future.

4. BlastTV Service

4.1 You must be at least thirteen (13) years old to be able to view the BlastTV service. Those under the age of thirteen (13) may only use BlastTV service when under the supervision of a parent or legal guardian.

4.2 BlastTV service and all content viewed through our service are only for your personal use. This cannot be used for any commercial purpose whatsoever. Neither can it be shared with individuals outside your household. You agree not to use BlastTV service for any public performances including but not limited to public broadcasts online or at commercial establishments.

4.3 You may view BlastTV content primarily within the country of registration.

4.4 The BlastTV service, including the content library, is regularly updated. In addition, we continually test various aspects of our service.

4.5 You agree to use the BlastTV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations. Except as explicitly authorized in these Terms and Conditions of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained in or obtained from or through the BlastTV service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the BlastTV service; use any robot, spider, scraper or other automated means to access the BlastTV service; reverse engineer or disassemble any software or other products or processes accessible through the BlastTV service; insert any code or product or manipulate the content of the BlastTV 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 BlastTV 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 and Conditions of Use or are engaged in illegal or fraudulent use of the service.

4.6 The quality or clarity of the BlastTV content's display may vary depending on the device used. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats (HD, Ultra HD or HDR). Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content. A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD. Please check with your Internet provider for information on possible Internet data usage charges. BlastTV makes no representations or warranties regarding the quality of your watching experience on your device.

4.7 The BlastTV software is developed by TAP Digital Media Ventures Corporation and may exclusively be used for streaming and viewing of BlastTV content. This software may vary per device. Functionalities may also vary depending on the device used. You agree to receive, without further notice or prompting, updated versions of the BlastTV and related third-party software.

4.8 BlastTV shall not be responsible for issues pertaining to your device and its compatibility with the BlastTV service. Such issues shall be addressed by the entity that manufactured and/or sold you the BlastTV ready device. Therefore, we do not take responsibility or otherwise warrant the performance of BlastTV ready devices, including their continued compatibility with our service.

5. Disclaimers of Warranties and Limitations on Liability

5.1 THE BLAST TV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, INCLUDING FEATURES OR FUNCTIONALITIES ASSOCIATED WITH OUR SERVICE, ARE UNDERSTOOD TO BE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT FOR THOSE PROVIDED BY LAW. BLAST TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BLAST TV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BLAST TV SHALL NOT BE HELD LIABLE FOR ANY ISSUES THAT MAY ARISE FROM THE USE OF APPLICATIONS, BLAST TV READY DEVICES, AND BLAST TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

5.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL BLAST TV, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR PERSONAL INJURY OR ANY DAMAGES WHATSOEVER.

6. Arbitration Agreement

6.1 You and BlastTV agree that any dispute, claim or controversy arising out of or relating in any way to the BlastTV service, these Terms and Conditions of Use and this Arbitration Agreement, shall be determined through arbitration or in a small claims court. Nothing in this Arbitration Agreement shall be construed as limiting any non-waivable statutory rights. By agreeing to these Terms and Conditions of Use, you consent to the applicability of the Philippine Alternative Dispute Resolution Act of 2004, Republic Act No. 9285, which shall govern the interpretation and enforcement of this provision. As a result of this Arbitration Agreement, you and BlastTV hereby waive your right to commence suit through a court action (except for small claim actions), or to participate in any class action. This arbitration provision shall remain effective despite the termination of this Agreement and/or the termination of your BlastTV membership.

6.2 Before any arbitration or action for small claims may commence, you shall send a written Notice ("Notice") of your claim to BlastTV, by certified mail. Said Notice to BlastTV must be addressed to: General Counsel, Tap Digital Media Ventures Corp., 777 Katarungan Street, Plainview, Mandaluyong City, Metro Manila 1550, Philippines , ("Notice Address"). Similarly, if BlastTV initiates any action for arbitration, it shall send a written Notice to the email address you provided. A Notice, whether sent by you or by BlastTV, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and BlastTV do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or BlastTV may commence an arbitration proceeding or file a small claims action.

6.3 YOU AND BLAST TV AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Further, unless consented to by both parties, the arbitrator 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 suit. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void and shall not affect the validity of the other provisions in these Terms and Conditions of Use.

7. Intellectual Property; License

7.1 Any audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and us, we will retain all right, title and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights in and to the Services and Content.

7.2 You are only permitted to access and view the Content for personal, non-commercial, non-exclusive, non-assignable, non-transferable and limited purposes in accordance with these Terms and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 5.5 below or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means, or encourage others to: (a) download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; (b) upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; (c) license or sublicense any part of the Services or Content; or (d) in any way exploit any part of the Services or Content. In addition, except as provided in Section 5.5 below or otherwise expressly authorized by us in writing, you are strictly prohibited from: (i) modifying Content; (ii) creating, distributing or advertising an index of any significant portion of the Content; or (iii) otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including, without limitation, mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

7.3 Without limiting the foregoing, you may not modify, interfere with, enhance, remove or otherwise alter in any way: (a) any portion of any video player (“Video Player”) made available within the Services; (b) any of the applicable Video Player’s underlying technology; or (c) any digital rights management mechanism, device or other content protection or access control measure incorporated into the applicable Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the applicable Video Player in any manner.  

7.4 We take protection of copyrights, both our own and others, very seriously.  We therefore employ multiple measures to prevent copyright infringement over the Services and to promptly end any infringement that might occur.  

7.5 Viral Distribution

a. We may expressly authorize you to redistribute (such as, via email, social media posts, blogs or embedded players) (collectively, “Viral Features”) certain Content on a personal, non-commercial basis. While we can change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Services or take advantage of any of these Viral Features, you agree not to download any Content or User Submissions (as defined below) made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing (except as may be set forth in a set of Additional Terms) and, further, that you are bound by the applicable provisions of these Terms and our Privacy Policy.  When expressly authorized by us in writing for a particular Service, you may embed videos using the Video Player; provided, however, that you do not embed the Video Player on any website or other location that: (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred or terrorism or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.  

b. You may only manipulate Content (e.g., combining Content with any User Submissions, etc.) if a Service expressly permits you to do so, and in such case, only as permitted by the applicable Service for personal, non-commercial purposes. Any such manipulation of Content is subject to any Additional Terms (e.g., usage or attribution guidelines, etc.) that the applicable Service may make available. We may revoke permission to use the designated Content at any time.  As between you and us, we own all compilation rights in any materials resulting from your manipulation of the Content; we may make perpetual and unrestricted use of such materials; and you will only retain the prior rights you had in your User Submissions.

8. Third-Party Content

The Services may integrate, be integrated into, or be provided in connection with third party websites, platforms, services, applications, platforms and/or content (each, a “Third Party Platform”) or contain third party content (including advertisements). Unless expressly indicated otherwise, we do not endorse or evaluate third party content, products, services or websites; we do not assume responsibility for third parties’ products, services, actions or omissions; and we have no liability whatsoever for goods and services you may obtain from or through other services even if you were directed or linked to such a service through the Services.  If you connect to the Services through a Third Party Platform (e.g., social media) or navigate to a Third Party Platform from the Services, the Third Party Platform will collect your information separately from us. You should review the applicable Third Party Platform’s privacy policies before using their services to understand how they are using your information and your rights in relation to such information.  

From time to time, you may communicate with, receive communications from, be redirected to, interact with or participate in or use the services or obtain goods and services of or from, third parties, such as our advertisers, sponsors or promotional partners (collectively, the “Advertisers'') as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

9. Mobile Application Services  

If we offer products and/or services through applications available on your wireless or other mobile device (such as a mobile phone) (“Mobile Application Services”), such as applications you download or text messaging services, these Mobile Application Services are governed by these Terms and the Additional Terms presented in connection with the applicable Mobile Application Service.  These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in any such Additional Terms, including, without limitation, the terms presented to you in connection with your download of such applicable Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device and wireless carrier, and what restrictions, if any, may be applicable to your use of such Mobile Application Services.  If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services information in your account with us, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.  

Please read our Privacy Policy, which provides information on data we collect, use, disclose, manage and store.  

Under no circumstances will we be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number or email address using any Mobile Application Services.

Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings.

10. Access to Services and Accounts

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

-Change or discontinue the Services, including, without limitation, any Mobile Application Services or other features;  

-Change how we offer and/or operate the Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);

-Remove Content from the Services;

-Restrict, suspend or terminate your access to one or more Services or features thereof; and/or

-Deactivate any accounts that you may have established on the applicable Service and delete all related information and files in such accounts.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to any of the Services, you must immediately stop using such Service.

11. Indemnification

You will defend, indemnify and hold harmless BlastTV, our Affiliates and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors and other representatives and all of their successors and assigns (collectively, the “BlastTV Group”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions) or breach of these Terms. We retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 12 without our prior written approval.

12. Miscellaneous

12.1 Governing Law. These Terms and Conditions of Use shall be governed by and interpreted in accordance with Philippine laws without regard to conflict of laws provisions.

12.2 Unsolicited Materials. BlastTV does not accept unsolicited materials or ideas for BlastTV content, and shall not be held liable for similarity of any of its content or programming in any media to materials or ideas sent to BlastTV. Should you send any unsolicited materials or ideas, you do so with the understanding that you shall not be entitled to any consideration of whatever form, and you are waiving any claim against BlastTV and its affiliates regarding the use of such materials and ideas, even if the material or idea used is substantially similar to the material or idea you sent.

12.3 Feedback. BlastTV is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or postings to the BlastTV service, including the BlastTV website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BlastTV service. In addition, you agree not to enforce any "moral rights" over your Feedback, to the extent permitted by law.

12.4 Customer Support. You may visit the BlastTV Help Center Or FAQ on our website for any inquiries about our service and its features, or if you need assistance with your account. Any conflict between these Terms and Conditions of Use and the information provided by Customer Service or other portions of our website, these Terms and Conditions of Use shall control.

12.5 Survival. If any provision or provisions of these Terms and Conditions 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.

12.6 Changes to Terms and Conditions of Use and Assignment. BlastTV may, from time to time, and at its sole discretion, alter these Terms and Conditions of Use. Said revisions shall be effective immediately. However, for existing members, these revisions shall, unless otherwise stated, shall take effect thirty (30) days after their posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable BlastTV service.

12.7 Communication Preferences. We shall send all information relating to your account in electronic form only, such as through email. You agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.

12.8 Data Collection. You agree that your application, enrollment, maintenance, access or continued use of the BlastTV service shall be deemed as your acceptance and agreement to provide Personal Data (as defined under the Data Privacy Law of 2012 and its implementing rules and regulations), customer data and account or transaction information or records (collectively, the "Information") relating to you with BlastTV, and that from time to time the Information may be processed, profiled or shared to, by and between BlastTV and any of its affiliates and subsidiaries (collectively, "BlastTV Group") or each of the Authority (foreign or domestic) or Data Recipients (whether in or outside the Philippines) and for the purposes as set out in BlastTV’s Data Statement in force provided by BlastTV to you from time to time or for compliance with any law, regulation, government requirement, treaty, agreement or policy or as required by or for the purpose of any court, legal process, examination, inquiry, audit or investigation of any Authority.

Please contact us with any questions regarding these Terms through the contact or support feature of the relevant Service or by emailing us at support@blasttv.ph.

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