Terms of Use

Effective as of 21-06-2017 (21 June 2017)

1. General Information Regarding These Terms of Use

Master terms: Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that ChannelCenter operates (the “Websites”), as well as the products, information, and services provided through the Websites, including the license chooser and legal tools (together with the Websites, the “Services”).

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and ChannelCenter in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and ChannelCenter. The contract governs your use of all websites operated by ChannelCenter, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

 

2. Your Agreement to the Terms

YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.

Human-readable summary of Sec 2: Please read these terms and only use ChannelCenter’s sites and services if you agree to them.

 

3. Changes to the Terms

From time to time, ChannelCenter may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, it will post updated Terms and indicate the date of revision. If it feels the modifications are material, ChannelCenter will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current ChannelCenter ID account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms. 

Human-readable summary of Sec 3: These terms may change. When the changes are important, ChannelCenter will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

 

4. No Legal Advice

ChannelCenter is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending them an email or using any of the Services, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Please consult your own attorney if you need legal advice.

 

5. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Removal: ChannelCenter may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion.

Human-readable summary of Sec 5: ChannelCenter does not take any ownership of your content when you post it on its sites. You are responsible for any content you upload to any ChannelCenter sites.

 

6. Prohibited Conduct

You agree not to engage in any of the following activities:

  1. Violating laws and rights:

You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

  1. Solicitation:

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

  1. Disruption:

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

  1. Harming others:

You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;

You may not intimidate or harass another through the Services; and, You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

  1. Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;

You may not use or attempt to use another’s account or personal information; and,

You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 6: Play nice. Be yourself. Don’t break the law or be disruptive.

 

7. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHANNELCENTER OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHANNELCENTER DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CHANNELCENTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHANNELCENTER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 7: ChannelCenter does not make any guarantees about the sites, services, or content available on the sites.

 

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHANNELCENTER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CHANNELCENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHANNELCENTER IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 8: ChannelCenter is not responsible for the content on the sites, your use of ChannelCenter’s services, or for the conduct of others on ChannelCenter’s sites.

 

9. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless ChannelCenter, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or © the Content you make available on any of the Services.

Human-readable summary of Sec 9: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CC for the damage it causes.

 

10. Privacy Policy

ChannelCenter is committed to responsibly handling the information and data it collects through its Services in compliance with its Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how ChannelCenter collects and uses your personal information.

Human-readable summary of Sec 10: Please read ChannelCenter’s Privacy Policy. It is part of these terms, too.

 

11. Trademark Policy

ChannelCenter’s name, logos, icons, and other trademarks may only be used in accordance with its Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how ChannelCenter’s trademarks may be used.

Human-readable summary of Sec 11: Please read ChannelCenter’s Trademark Policy. It is part of these terms, too.

 

12. Copyright Complaints

ChannelCenter respects copyright, and prohibits users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights. 

Please note that ChannelCenter does not host the Content made available through ChannelCenter Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 12: Please let ChannelCenter know if you find infringing content on their websites.

 

13. Termination

By ChannelCenter: ChannelCenter may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by ChannelCenter at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your ChannelCenter ID account) terminates automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied ChannelCenter legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 13: If you violate these terms, you may no longer use ChannelCenter’s sites.

 

14. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the United Kingdom, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between ChannelCenter and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the United Kingdom, and you hereby consent to the personal jurisdiction and venue of such court.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ChannelCenter as a result of the Terms or from your use of any of the Services. 

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and ChannelCenter relating to this subject matter and supersede any and all prior communications and/or agreements between you and ChannelCenter relating to access and use of the Services.

Human-readable summary of Sec 14: If there is a lawsuit arising from these terms, it should be in the United Kingdom and governed by United Kingdom law. This agreement does not mean that you and ChannelCenter are partners.

 

 

 

 

Insights