Take Me To Banaue Video Streaming Terms of Use

Welcome to the terms of use for Take Me To Banaue Video Streaming. These terms are between you and Banaue Film, LLC, the entity providing the Take Me To Banaue Movie via its streaming website, www.takemetobanauefilm.com.

Please read these terms, along with the Privacy Notice and Terms of Use applicable to you, and all other rules and policies related to the Take Me To Banaue Video service (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page for the Take Me To Banaue Video service) (collectively, this “Agreement”). If you are located in the UK, European Union or Brazil, the Privacy Notice, the Cookies Notice and the Interest-Based Ads Notice are not part of your Agreement. The versions of these policies and notices applicable to you are available for your review to understand how we handle your personal information. Each time you visit, browse, or use the Take Me To Banaue Video service, you accept this Agreement on behalf of yourself and all members of your household and others who use the Service under your account.

1.  THE SERVICE

Take Me To Banaue Video (the “Service”) is a personalized service that offers, digital movies, and other video content (collectively, “Digital Content”) and other services as provided in this Agreement. There are several ways to access the Service and Digital Content, including through Take Me To Banaue and your use of other benefits and Take Me To Banaue services are governed by separate terms made available in the apps, websites or devices you use to access those services. If you are under 18 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian. We personalize content and features as part of the Services, including showing you recommendations on Digital Content, features and services that might be of interest to you. We also endeavor to continuously improve the Take Me To Banaue devices and services and your experience with them.

2.  COMPATIBLE DEVICES

In order to stream Digital Content, you will need to use a personal computer, portable media player, tablet or smart phone, or other device that meets the system and compatibility requirements that we establish from time to time (a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. The Take Me To Banaue entity that provides you the Take Me To Banaue Video mobile app may be different than the Take Me To Banaue entity that provides you the Service.

3.  GEOGRAPHIC VARIABILITY

Due to technical and other restrictions imposed by content providers, the Service is available only in certain locations. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we offer Digital Content to you will vary over time and by location.

Take Me To Banaue will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.

4.  DIGITAL CONTENT

1. General. The Service may allow you to (i) rent Digital Content for on-demand viewing over a limited period of time (Rental Digital Content) or (ii) purchase Digital Content for on-demand viewing over an indefinite period of time, or until the website is no longer available to the public (Purchase Digital Content).

• Purchase and Rental Transactions; Cancellations. Except as described in this paragraph, all transactions for Purchased Digital Content or Rental Digital Content are final. We do not accept returns or issue refunds of such Digital Content.
  • Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Take Me To Banaue grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content, for personal, non- commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
  • Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Take Me To Banaue will not be liable to you if Purchased Digital Content becomes unavailable for further streaming.
  • Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra- high definition, or high-dynamic-range content.
  • General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.

5.  SOFTWARE

1. Use of the Software. We may but are in no way obligated to make available software for your use in connection with the Service (“Software”).
   1. Information Provided to Take Me To Banaue and Video Content Providers. The Service and Software may provide Take Me To Banaue with information relating to your use and the performance of the Service and Software, as well as information regarding the devices on which you download and use the Service and Software. We may also collect personal information from you, like your name, address, phone number and email. For example, the Software may provide Take Me To Banaue with information related to the Digital Content that you stream and your use

of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to the Take Me To Banaue Privacy Notice of your Video Marketplace (noted here). We may provide certain information regarding your subscription status and use of Digital Content, including viewing history, to video content providers, such as third parties offering subscription services through Video Channels. We will provide this information in a manner that is not identifiable to you (unless you authorize sharing identifiable information with a specific video content provider).

6.  ADDITIONAL TERMS

1. Termination. We may terminate your access to the Service at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Take Me To Banaue may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
   1. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Take Me To Banaue has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Take Me To Banaue does not guarantee their accuracy.
   1. Communications. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your Take Me To Banaue Message Center, and you hereby consent to receive those communications (unless you are a customer in the UK, European Union, Turkey or Brazil, in which case you separately decide whether or not you wish to receive these communications). These communications will be in accordance with the Take Me To Banaue Privacy Notice of your Video Marketplace

(noted here). To stop receiving marketing communications from Take Me To Banaue Video, update your marketing communication preferences from Your Account.

• Updates and Modification of Service. Take Me To Banaue may modify the Service (including any subscription), any Digital Content and/or Software from time to time (i) to improve existing, or add new, functionality and/or features, (ii) to improve or maintain the user experience, (iii) for operational or technical reasons, (iv) to support maintaining quality and quantity of content included in the Service, or (v) for legal or security reasons. If you are located in the EU or the UK (or if otherwise required by applicable law) and such changes materially and adversely impact the usability of the Services (“Material Changes”) a) we will notify you via email or other electronic communication regarding the scope, time and reason for the Material Change at least 30 days before they take effect and b) you may also cancel the Service at any time within 30 days after the Material Changes take effect, and we will give you, if applicable, a prorated refund of any fees paid for the billing period of your membership. Take Me To Banaue reserves the right to suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law or set out above), and Take Me To Banaue will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
  • Amendments. Take Me To Banaue reserves the right to make changes to this Agreement for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the Service; to reflect advancements in technology; to make reasonable technical adjustments to the Service; and to ensure the ongoing operability of the Service at any time by posting the revised terms in connection with the Service or on your Video Marketplace. You will

be able not to accept these changes by canceling your membership at any time. To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.

• Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

• Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, dispute resolution and class action waiver (if applicable), and all other terms in the Take Me To Banaue Conditions of Use of your Video Marketplace (noted here). You agree to those terms on behalf of yourself and all members of your household and others who use the Service under your account by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
  • Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Take Me To Banaue Conditions of Use of your Video Marketplace (noted here): (i) in no event shall our or our software licensors’ total liability to you for all damages arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us over the past 12 months to purchase, rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose.

CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF THE LAWS OF JAPAN APPLY TO YOUR USE OF THE SERVICE, THE LIMITATION OF LIABILITY IN THIS SECTION WILL NOT APPLY TO CASES OF TAKE ME TO BANAUE’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

1. Contact Information. For communications concerning this Agreement, please write to Take Me To Banaue at the applicable notice address listed here.
   1. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
   1. Your legal rights. We have a legal duty to supply the Service and Digital Content in conformity with this Agreement. If there is a problem with the Service or any Digital Content, the laws of your country may give you additional rights and remedies. Such laws apply in addition to your rights under this Agreement.

Take Me To Banaue Video Usage Rules

The limitations imposed on us by our content suppliers, the videos we make available to you on Take Me To Banaue Video are subject to restrictions on viewing (for example, through streaming or download) and on the length of time we make them available to you. The specific restrictions applicable to each of your videos depends on whether you access a video through a

purchase, rental, paid subscription or promotional trial, or for free. These restrictions may change over time as we add new features, devices and content to our service. The following are restrictions for accessing Take Me To Banaue Video through your web browser and compatible Internet-connected TVs, Blu-ray players, set-top boxes, Fire tablets and other compatible devices.

Purchased Videos

• Ways to Watch: When you purchase a video for on-demand viewing, we will make it available for streaming as follows:
  • Streaming: You may stream purchased videos online through your web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, Fire tablets, and other compatible devices. For a list of devices compatible with our service, visit the Compatible Devices page on the website you are using to access Take Me To Banaue Video (device compatibility may vary by location). You may stream on only one device at a time. You expressly agree that you will not provide your user name and password to any other individual or third party to stream the movie without independently purchasing it.
  • Viewing Period: You may watch and re-watch your purchased videos as often as you want and as long as you want (subject to the limitations described in the Take Me To Banaue Video Terms of Use). Banaue Film LLC reserves the right to discontinue the website at any time, without notice. Should the website be discontinued, the right to re- watch the purchase will also be revoked.

Rental Videos

• Ways to Watch: When you rent a video for on-demand viewing, we will make it available to you to stream as follows:
  • Streaming: You may stream rental videos online through your web browser and compatible Internet-connected TVs, Blu-ray players, set-top-boxes, Fire tablets, and other compatible devices. For a list of devices compatible with our service, visit the Compatible Devices page on the website you are using to access Take Me To Banaue Video (device compatibility may vary by location. You may stream the same video to no more than one device at a time. You expressly agree that you will not provide your username and password to any other individual or third party to stream the movie without independently purchasing it
  • Viewing Period: For rental videos, you will typically have forty-eight (48) hours to finish watching the video once you have started streaming, provided that in any event you must finish watching the video prior to expiration of the applicable expiration window, which is typically seven (7) calendar days from your payment of the rental fee.