THESE TERMS AND CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
Channelwall, LLC provides an online website 'www.channelwall.com' as an interactive platform for its viewers and any associated mobile sites, applications (collectively, "Site") to, among other things, view series and programs, films, sports content, trailers of upcoming programs, view videos and/or photos of their favorite characters on series, read recaps of series, international content including viewing schedules of content offered etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Channelwall, LLC in connection with its business, provided on the Site (collectively). For some platform Content, Channelwall, LLC may enable an interactive chat feature which may provide various features to the User(s) including but not limited to posting of comments, videos, pictures and participation in contests ("Social Feed"). The Site may also provide hosting services to third parties to display their content ("Third Party Content") (all such features of the Site collectively referred to as "Services"). 'Content' will hence consist of 'Channelwall, LLC Content' and 'Third Party Content'. Content will be made available to You through different modes, at the discretion of Channelwall, LLC, including via live, video on demand basis for viewing at the User's discretion at a time chosen by You and may download for offline viewing by You when available. For the Content that will be made available to You, You will be granted a non-exclusive, non-transferable, non-sub licensable, revocable limited license to view the Content solely for your own personal, non-commercial viewing, and no right, title or interest in any Content will be deemed transferred to You. The applications are licensed (not sold) to You. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Channelwall, LLC sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and using the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and are subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. To facilitate Your viewership and access, the Services can be packaged by Channelwall, LLC through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.
Changes in Services Offered. Channelwall, LLC may add, delete, rearrange, alter, interrupt, change and/or eliminate any and all programming, programming packages and/or other Services that Channelwall, LLC offer, as well as the prices and fees related to such programming, programming packages and/or other Services that Channelwall, LLC offer, at any time and from time to time, including without limitation during any term commitment period to which User have agreed. In the event that Channelwall, LLC add, delete, rearrange, alter, interrupt change and/or eliminate any programming, programming packages and/or other Services that Channelwall, LLC offer, Channelwall, LLC have no obligation to replace or supplement such programming, programming packages and/or other Services that Channelwall, LLC offer. User shall not be entitled to any refund or refund because Channelwall, LLC add, delete, rearrange, alter, interrupt, change and/or eliminate any programming, programming packages and/or other Services that Channelwall, LLC offers.
User expressly acknowledge and agree that additions, deletions, rearrangements, alterations, interruptions, changes and/or eliminations to any programming, programming packages and/or other Services that Channelwall, LLC offers that arise in connection with the termination or suspension of Channelwall, LLC 's access to all or any portion of any programming, programming packages and/or other Services that Channelwall, LLC offer is not a discretionary act by Channelwall, LLC.
Channelwall, LLC may offer Users certain promotional offers from time to time. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. Channelwall, LLC reserves the right to change or terminate the promotional offers any time at its own discretion. A User who takes up a promotional benefit by virtue of his registration for a purchase plan and who subsequently terminates such purchase plan before the expiry of the plan shall be charged for the promotional benefit received by the User.
The Services can be accessed through platforms, software and devices, which Channelwall, LLC approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future. You are responsible for obtaining, maintaining and paying for all hardware and telecommunications and other services needed to use the Service.
The Channelwall, LLC website works best with:
Latest version of Google Chrome, Firefox, Safari, Microsoft Windows XP or above / MAC OS 10.2 or above
Latest version of Adobe Flash Player
The Channelwall, LLC applications work best with a minimum system requirement of:
Android v.4.0 and iOS8
Please see details on the Site and the particular Content viewed. Subject to compatibility, You may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Channelwall, LLC ("Partner").
Your use of the Services is subject to Your compliance with these Terms and Conditions and all applicable laws, rules, and regulations.
Unless otherwise specified, the Services are available only for individuals who have attained the age of majority in their jurisdiction. By using the Services, you affirm that you are of 18+ or legal age (whichever is higher) to agree to these Terms and Conditions, or, if you are not, that you have obtained parental or guardian consent to agree to these Terms and Conditions.
If the User is a minor under the age of 18, the terms and conditions of this Agreement should be reviewed and accepted by his/her parent/guardian to ensure that the User and the parent/guardian understands these terms and conditions. Purchase of the Services by the User would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment and usage of the Services used.
SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWERDISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.
Participation in any contest, game, or other promotion on the Site conducted by Channelwall, LLC or viewing of certain Content may be subject to further terms and conditions as may be notified by Channelwall, LLC from time to time on the Site or otherwise.
When You access or use the Services or send any data, information or communication to Channelwall, LLC, You agree and understand that You are communicating with Channelwall, LLC electronically, and You consent to receive communications via electronic means from Channelwall, LLC, such as by email or push notification.
You acknowledge that you specifically consent to Channelwall, LLC or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes:
To obtain feedback regarding the Service
To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.
You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.
To the extent permitted by applicable law, in the event You have indicated any 'do not call' preferences to Your telecom service provider, and registered Yourself on the national or applicable state ‘do not call' registry or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provisions.
The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these terms and conditions, without the written permission of Channelwall, LLC.
Some of the Content made available on the Site can be accessed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register Yourself on the Site to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Channelwall, LLC and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through e- prepaid wallet or other payment method accepted by Channelwall, LLC ("Payment Method(s)") that You opted for during registration. Channelwall, LLC uses third party payment gateways to process and facilitate the payment of Your Subscription Fee to Channelwall, LLC. On successful registration to the Subscription, Channelwall, LLC will notify You of the same. Channelwall, LLC may offer different kinds of Subscription plans, each of which will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.
Channelwall, LLC shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. Channelwall, LLC shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently.
Some of the Subscription plans or customer accounts may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Channelwall, LLC. Your eligibility for a free trial including the time for such free trial and the Content available to be viewed during free trial period is at the discretion of Channelwall, LLC and such free trial can be modified, suspended or terminated by Channelwall, LLC at any point of time without giving notice to You.
Channelwall, LLC will automatically start billing as per Your selected Payment Method for the Subscription plan elected by You at the time of registration through the third party payment gateway at the end of the free trial period, if applicable, unless You cancel the Subscription before the end of the free trial period. The cancellation of the Subscription can be done through the "Profile" section of the Site. It may take a few days for Your payment made to Channelwall, LLC to be reflected in your "Profile" section.
If You cancel Your Subscription before the end of the free trial period, You will not be entitled to any compensation, monetary or otherwise, from Channelwall, LLC for the unutilized period of free trial.
You cannot change your Payment Method during the tenure of your Subscription. If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Channelwall, LLC reserves the right to terminate the Subscription offered to You.
The Subscription Fee will be billed for the pro-rated period (for the first month if the date does not fall on the 1st of the month) and regular billing cycle will be 1st of every month, as applicable, and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription, You need to visit the "Profile" section on Your profile page.
Channelwall, LLC will be automatically billing as per Your Payment Method for each Subscription period on a monthly, Yearly or pro-rated basis.
In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Channelwall, LLC will give You an advance notice of these changes. You will be able to cancel Your Subscription if You do not agree to the changed fee.
The Subscription Fees specified for each Subscription plan are exclusive of applicable taxes.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been used by You or not.
Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.
Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not result in a refund to You for any portion of the Subscription Fee paid by You for the unexpired period.
You also understand and acknowledge that Channelwall, LLC only facilitates the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider. You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third party payment gateway provider for a response.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree to pay all charges incurred by You or on Your behalf through the Services, at the price(s) in effect when such charges are incurred. To the fullest extent permitted by applicable law, You agree and acknowledge that Channelwall, LLC shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. While Channelwall, LLC may confirm a subscription order by email, the receipt of an email order confirmation does not constitute Channelwall, LLC's acceptance of an order or its confirmation of an offer to sell a product or service.
You can access the status of Your Subscription anytime through the "Profile" section on Your profile page.
The Subscription is offered by Channelwall, LLC and not by any third party including any payment gateway service providers.
To the extent permitted by applicable law, Channelwall, LLC reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your acceptance of such amendments.
Channelwall, LLC reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Channelwall, LLC does not guarantee the availability of a specific Content or a minimum amount of Content that is subject to a Subscription Fee.
Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your "Profile" page.
The Social Feed will be made available on the Site at Channelwall, LLC's discretion to enable a User to participate in any contest or competition or share his/her views, comments, pictures videos ("Social Posts") with the other like- minded Users on the Platform for an immersive playing and entertainment experience. You can also invite Your friends to participate in the Social Feed. For this, You will require to permit Channelwall, LLC to access Your contacts List. Friends (i.e. users who also have your number in their phonebook or those who have accepted your invitation) will be able to see inter alia your Social Posts tagged as private contact or by any other suitable name. If you have participated in any content or competition in the Social Feed, Your friends will also be able to see your scores and/or progress in such contest/competition.
The Social Feed is a place for likeminded User(s) to come together as a community and share Social Posts related to the Channelwall Content and topics associated to the Channelwall Content alongside which, the Social Feed is made available. Channelwall, LLC may by automated means or manually screen and moderate some or all Social Posts and reserves the right to reject or take down any Social Post which in Channelwall, LLC's sole opinion is inappropriate or does not pertain to the Channelwall Content or topics associated to the Channelwall Content. Channelwall, LLC's decision in this regard will be final and binding on all User's and Channelwall, LLC will not be responsible or liable for any claims regarding the exercise of the Channelwall, LLC 's discretion in this regard.
An non-exhaustive list of content and /or Social Post that may be rejected by Channelwall, LLC is as follows: post or content which may cause any harm to religious sentiments, post or content that is political in nature, obscene, vulgar, derogatory remarks, hate speech, rumors or fake news, harassment, abuse, flooding, spamming, inciting violence or threatening, objects that disturb national harmony, racist or sexist remarks, potentially objectionable subject matter such as criminal behavior, illegal activities, nudity, sex, profanity, out of context comments, disrespecting the nation, armed forces or any other matters which are perceived to be not in the interest of the general public or may cause harm in any nature or are distasteful, irrespective of any language used whatsoever will be restricted / filtered by Channelwall, LLC on a best effort basis. In addition to the restrictions set forth above, You agree not to share any information /material/Social Post that:
belongs to another person and to which You do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, design, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of a country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the posting of his / her Social Posts does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You retain all of your ownership rights in your content / Social Posts that you submit in the Social Feed. However, by submitting a Social Posts You hereby grant to Channelwall, LLC and its affiliates, a royalty-free, worldwide, perpetual, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, issue copies, make available, publicly communicate, adapt, create derivative works of, and display the content that you upload, share or provide in connection with Your use of the Social feed. You also grant us the right, license and permission to use the contents of your Social Post in relation to the Site, topics associated therewith and for its promotion in any form whatsoever, without any compensation.
By sharing Social Post in the Social Feed, the You undertake and confirm that you have all the rights, title and interest in and to the content of the Social Post being shared by You (including to any images or any content that may be protected by intellectual property rights). You further understand agrees and acknowledge the said Social Post may be publicly displayed by Channelwall, LLC in the Social Feed to all Users who are engaging with the Social Feed.
The views expressed by the User(s) on the Social Feed are solely their own and do not represent those of Channelwall, LLC, its associates and affiliates. Channelwall, LLC shall not be held liable or responsible for any kind of claims, damages, and outrage arising due to the comments, pictures or videos posted by the User(s) on the Site.Additionally, Channelwall, LLC shall not be held liable or responsible for any violation of Intellectual Property rights that may arise out of any content posted by the users.
Channelwall, LLC may cancel or discontinue the availability of the Social Feed and any decision in this matter shall be at the discretion of Channelwall, LLC and shall be final and binding.
User(s) are not permitted to download any Social Posts or take screenshots of the same. Doing so will be in violation of the Terms.
By accessing or using the Services:
You confirm and warrant that all the data and information supplied by You when You register (if applicable) and provided by You to Channelwall, LLC and or any Channelwall, LLC 's affiliates or ("Registration Data") is true, current, complete and accurate in all respects.
You agree to promptly update Your Registration Data, so that Your information remains true, current, complete, and accurate at all times. We may reject, or require that you change, any user ID or password that You provide when registering.
You agree that Channelwall, LLC has the right to temporarily suspend access to the whole or any part of the Services for any reason and shall be under no liability to You or any other person in such an event. Channelwall, LLC may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Channelwall, LLC will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree that Channelwall, LLC shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the reasonable control of Channelwall, LLC.
You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; or any privacy, publicity, or other proprietary right.
You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
You agree that Channelwall, LLC and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
Except as provided in these Terms (or otherwise expressly provided by Channelwall, LLC in writing), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
- Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Channelwall, LLC Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Channelwall, LLC Services, including Channelwall, LLC 's servers, networks or accounts;
- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Channelwall, LLC Services or the Content;
- Delete or revise any information provided by or pertaining to any other user of the Channelwall, LLC Services.
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Channelwall, LLC Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Channelwall, LLC Services or the Site;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Channelwall, LLC Services;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
-Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Channelwall, LLC 's prior written consent;
- Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by Channelwall, LLC;
- Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all applicable law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner's website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify Us of any confidentiality breach or unauthorized use of Your user account.
You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these terms and conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Channelwall, LLC 's/ or its licensor's copyright, trademark design, patent, and other intellectual property including any rights of Channelwall, LLC or its licensors subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by Channelwall, LLC.
You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public.
In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Channelwall, LLC or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third party applications shall be subject to such third party terms and conditions or license terms. Channelwall, LLC shall not be liable for any actions or content of such third party application or for any representations or warranties or obligations made by such third party applications to You under contract or law.
Channelwall, LLC reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability to you or any other person, if Channelwall, LLC so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, violated any law, rule, or regulation, or engaged in any inappropriate conduct.
You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material"). You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services in connection with any User Material. If you choose to make any of your personal or other information publicly available through the Site or Services, you do so at your own risk.
You agree that Channelwall, LLC shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Channelwall, LLC may determine, in its sole discretion, is inappropriate or for any reason. Channelwall, LLC may disclose information regarding Your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason. You acknowledge that Channelwall, LLC reserves the right to investigate and take appropriate legal action against anyone who, in Channelwall, LLC 's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not Post any User Material that:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, design, copyright, privacy, publicity or other intellectual property or proprietary right;
(e) violates any law;
(f) deceives or misleads the addressee about the origin of such messages;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.
To the fullest extent permitted by applicable law, by posting the User Material, You hereby grant Channelwall, LLC, without additional consideration to you or any third party, a license to use, display (publicly or otherwise), reproduce, distribute, adapt, modify, delete from, add to, prepare derivative works of, publicly perform, publish, and otherwise use, analyze, and exploit such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created, and for any purpose (including promotional purposes, such as testimonials). To the fullest extent permitted by applicable law, the license You grant to Channelwall, LLC is fully paid-up, transferable, non-exclusive, royalty-free, irrevocable, and fully sub licensable (through multiple tiers). Additionally, to the fullest extent permitted by applicable law, Channelwall, LLC is free to use any feedback, ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. Channelwall, LLC 's use of such User Material shall not require any further notice or attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your User Material, and your provision thereof, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. In no event does Channelwall, LLC assume any responsibility or liability whatsoever for any User Material, and You agree to irrevocably waive any legal, equitable, "moral" or other rights or remedies You may have against Channelwall, LLC with respect to such User Material under any applicable law under any legal theory.
Part of this Site/Service contains advertising and other material submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage, viewing or purchase of these products or services advertised on our Site or the content made available / hosted on the third party sites. You agree and acknowledge that Channelwall, LLC does not endorse or sponsor such third party sites, content, advertising or other material. In addition, this Site may contain articles or other content contributed by other users, including User Material. The views are exclusively their own and do not represent the views of Channelwall, LLC, affiliates and/ or its management. Channelwall, LLC is not responsible for any of the third-party content made available on or through the Services.
Channelwall, LLC is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Channelwall, LLC.
Channelwall, LLC takes no responsibility for advertisements or any third party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Channelwall, LLC is not liable for any loss or claim that You may have against an advertiser.
Channelwall, LLC 's role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of Channelwall, LLC 's hosting services, without any intervention from Channelwall, LLC in the uploading / transmission process. Channelwall, LLC 's role is that of an ‘intermediary' as defined under applicable laws with regard to the Third Party Content. Being an intermediary, Channelwall, LLC has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.
Channelwall, LLC does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content.
Channelwall, LLC does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, Channelwall, LLC does not have actual or specific knowledge of any Third Party Content on the Site. However Channelwall, LLC at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if Channelwall, LLC determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. Channelwall, LLC, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute Channelwall, LLC 's position as an intermediary or impose any liability on Channelwall, LLC with respect to Third Party Content.
Channelwall, LLC will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site and public good. However Channelwall, LLC is not under any obligation to act on any such communications, requests and suggestions or respond to any one. Channelwall, LLC 's decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, Channelwall, LLC is under no legal obligation to respond to or act on such requests. Channelwall, LLC will take such action as Channelwall, LLC is required to take under applicable law. If there is any valid court order or administrative order issued requiring Channelwall, LLC to take any action, then Channelwall, LLC will comply with such court order or administrative order.
If You have any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
1901 Avenue of the Stars, #200
Los Angeles, CA 90067
The contact information – [email protected]
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT USE OF THE SERVICES AND THE ACCESS TO THE SITE IS AT YOUR OWN RISK. THE SERVICES INCLUDING THE SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, Channelwall, LLC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH Channelwall, LLC AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO CASE SHALL THE AFFILIATED ENTITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM (ARISING UNDER ANY THEORY OF LAW, INCLUDING NEGLIGENCE) RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OR MISUSE OF DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SOLELY IN SUCH JURISDICTIONS, Channelwall, LLC'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH Channelwall, LLC AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
THE MAXIMUM AGGREGATE LIABILITY OF THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICES; AND (B) TEN UNITED STATES DOLLARS ($10).
To the fullest extent permitted under applicable law, You agree to defend, indemnify and hold harmless the Affiliated Entities, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
(i) Your use of and access to the Services;
(ii) Your violation or alleged violation of any term of these Terms and Conditions.; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right;
(iv) Your breach of any applicable law; and
(v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note thatChannelwall, LLC does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Service, please send an e-mail to [email protected] You may also contact us by writing to CHANNELWALL, LLC 1901 Avenue of the Stars, #200, Los Angeles, CA 90067. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
These Terms and Conditions are governed by the laws of the United States (including federal arbitration law) and the State of Delaware U.S.A without regard to its principles of conflicts of law, and regardless of Your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Channelwall, LLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Channelwall, LLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this section or any other provision of these Terms and Conditions or in the American Arbitration Association's Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in- person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude You from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for You.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
Channelwall, LLC reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify these Terms and Conditions and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms and Conditions as "Additional Terms") will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions. Any such changes will not apply to any dispute between Channelwall, LLC and You arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes, or otherwise notified you of such changes. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Additional Terms.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, and confidentiality shall survive the termination of these Terms and Conditions.
This agreement does not, and shall not be construed to, create any partnership, joint venture, employer- employee, agency or franchisor-franchisee relationship between you and Channelwall, LLC. You may not assign, transfer or sublicense any or all of your rights or obligations under this agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this agreement without restriction. No waiver by either party of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. Notices to you (including notices of changes to this agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Channelwall, LLC will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.
These Terms and Conditions constitute the entire agreement between You and Channelwall, LLC governing Your use of the Services, superseding any prior or contemporaneous written or oral agreements between You and Channelwall, LLC regarding such use.