TERMS OF SERVICE
Acceptance of Terms
CHNL, Inc.("CHNL, Inc.", "we" or "us") provides a platform to enable you to develop and manage smart phone and tablet applications (each a “Mobile Application”) as well as related hosting, support, products, features, functionality and related services (the "Service") for, but not limited to, independent film and television content. As used in this document “Mobile Offering” means the Mobile Applications and Services. By using the CHNLmedia.com web site ("Site") and/or the Service, including but not limited to visiting or browsing or engaging with mobile apps built with/on the platform on various mobile operating systems, you are agreeing to be legally bound by the following terms and conditions ("Terms of Service").
Supplement or Modification of Terms of Service
CHNL, Inc. reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new platforms, tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service. You can review the most current version of the Terms of Service at any time at: https://www.chnlmedia.com/terms. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
- By providing CHNL, Inc. your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail.
- For Accounts created outside the United States: By visiting the Site, submitting information or using the Service, you acknowledge that you accept the practices and policies outlined in these Terms of Service and consent to having your data transferred to and processed in the United States. You also are subject to United States export controls in connection with your use of the Site and/or the Service related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. CHNL, Inc. may limit the availability of the Site or the Service, in whole or in part, to any person, geographic area or jurisdiction that CHNL, Inc. chooses, at any time and in CHNL, Inc.’s sole discretion. If you do not agree to these Terms of Service, please do not use the Site or the Service.
- You are responsible for maintaining the security of your Account and password. CHNL, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You must notify CHNL, Inc. immediately of any breach of security or unauthorized use of your account.
- CHNL, Inc. will be the sole publisher of your Mobile Applications with any mobile platform provider including, but not limited to, for the Android Market, but excluding Apple Computer, Inc. ("Apple"). Such mobile platform providers are referred to in these Terms of Service as "Providers" and you may not use your own Account to publish a Mobile Application with any such Providers. As noted above, Apple is not considered a Provider under these Terms of Service and consequently, if you use the Service to develop a Mobile Application for the platforms and operating systems for the mobile devices of Apple then you must enter into a separate agreement with Apple directly in this regard to become an Apple application developer and you and not CHNL, Inc. will be the publisher of your Mobile Applications for Apple mobile devices. Notwithstanding the foregoing, you agree, to provide CHNL, Inc. with full access to the account you create with Apple by providing CHNL, Inc. with your Apple account login details (e.g. email address/password) so that CHNL, Inc. may (i) initially publish your Apple Mobile Application, (ii) upgrade your Apple Mobile Applications when CHNL, Inc. releases new versions of the Service, and (iii) track all revenue by you relating to such Apple Mobile Application and account for such revenues in the context of the Service.
- CHNL, Inc. does not guarantee that any Content will be made available on the Site or through the Service.
- You are responsible for all text, data, graphics, images, photos and video files posted on the Site or via the Service ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Your Content includes any advertisements sourced and/or made available by you via your paid Mobile Offerings.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
Cancellation and Termination
- You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via info@CHNLmedia.com. Cancellations by phone or sent via any other means will not be considered valid.
- All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- CHNL, Inc., in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other CHNL, Inc. service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- CHNL, Inc. reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- CHNL, Inc. reserves the right at any time and from time to time to enhance, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.
- Prices for the Service, including but not limited to revenue sharing, start-up fees and/or monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.
- CHNL, Inc. shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.
- From time to time, CHNL, Inc. may issue an update to the Service, which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although CHNL, Inc. will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
- CHNL, Inc. periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. CHNL, Inc. has no liability whatsoever for: (a) the resulting unavailability of the Site or the Service; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.
End Users and End User Data
CHNL, Inc. may collect certain information generated or provided by end users of a Mobile Offering (“End User Data”). End User Data may include the personally identifiable information and/or non-personally identifiable information of end users. You acknowledge and agree that:
- You are solely responsible for your interactions (including any disputes) with end users and CHNL, Inc. does not in any way screen end users. CHNL, Inc. may, but is under no obligation to, monitor or censor any comments made by end users or content provided by end users and disclaims any and all liability relating thereto.
Length of app subscription (time period and/or content/services provided during each app subscription period) and the actual price of the app subscription is defined in each individual app prior to the point of purchase. Payment will be charged to the end users iTunes and / or Google Play Account at confirmation of purchase. The app subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period, as noted in final purchase confirmation. The end users account will be charged for app subscription renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. App subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. Any unused portion of a free-trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
License Grant, Copyright and Content Ownership
- You hereby grant to CHNL, Inc. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. CHNL, Inc. does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.
- We claim no intellectual property rights (defined below) over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Offering, you agree to allow others to view and share your Content via your Mobile Offering.
- CHNL, Inc. does not pre-screen Content, but CHNL, Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States. CHNL, Inc. exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from CHNL, Inc..
General Rules, Conduct and Conditions
- You agree that you will not post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed "directed to children" as the term is defined under Children’s Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.
- You are solely responsible for the Content that you upload, publish, display, link to or otherwise make available on the Service. You must be the owner of all the intellectual property rights in the Content you post, or have explicit permission from the owner(s) of all such rights to post the Content on the Service.
- You acknowledge that CHNL, Inc. has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CHNL, Inc. reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.
- You understand that CHNL, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other CHNL, Inc. service.
- You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CHNL, Inc..
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CHNL, Inc. customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature, programs or routines that may damage the operation of another’s computer or the Site or obtain unauthorized access to any system, data, password or other information of CHNL, Inc. or any third party.
- You must not impose (as determined by CHNL, Inc. in its sole discretion) an unreasonable or disproportionately large load on CHNL, Inc.’s (or its third party providers’) infrastructure.
- For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- CHNL, Inc. does not endorse any Account Submissions or any opinions, recommendations or advice expressed in that Content. CHNL, Inc. expressly disclaims any and all liability in connection therewith. In no event, will CHNL, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content. Consequently, CHNL, Inc. does not guarantee the quality, accuracy or integrity of the Content posted. Since standards may vary by community and individuals sometimes choose not to comply with our policies and practices, you may be exposed to Content that you find offensive or objectionable. In the event that we choose not to remove Content you find objectionable, you have the right to refrain from using any part of the Mobile Offering with which you are uncomfortable. If you are exposed to such Content, please contact CHNL, Inc. at info@CHNLmedia.com. so that we may investigate and take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content, terminating memberships or determining that no action need be taken.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHNL, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. CHNL, Inc. DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHNL, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHNL, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL CHNL, Inc.’S LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID TO CHNL, Inc. BY YOU DURING THE PRECEDING 12 MONTHS.
You agree to defend, indemnify and hold each of CHNL, Inc. and its subsidiaries and affiliated entities and their respective members, shareholders, officers, directors, employees and agents, and third-party content, distribution, advertising or other strategic partners harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) due to, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Offering, or (iv) any claim that any of your Content caused damage to a third party.
The Service and the Site, including all text, images, software and other content contained therein, is the property of CHNL, Inc. or its affiliates and is protected by United States and international copyright laws and you shall not obtain, and shall not attempt to obtain, any title to the rights in or to any such material.
Claims Of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by CHNL, Inc. infringe your copyright, you (or your agent) may send CHNL, Inc.’s designated copyright agent a notice requesting that the material be removed or access to it blocked by providing CHNL, Inc.’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the CHNL, Inc. to locate the material;
- Information reasonably sufficient to permit a CHNL, Inc. representative to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you (or your agent) to send CHNL, Inc.’s copyright agent a counter-notice with the following information in writing (see 17 U.S.C 512(g)(3) for further detail):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which CHNL, Inc. may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
- If a counter-notice is received by our copyright agent, CHNL, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CHNL, Inc.’s sole discretion. Notices and counter-notices with respect to this service should be sent to CHNL, Inc.’s copyright agent: Copyright Agent
40 Wall Street, 58th Floor
New York, New York 10005
CHNL, Inc. suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. CHNL, Inc. will terminate a Member and a Member’s access to the Site or the Services if, under appropriate circumstances, the member is determined to be a repeat infringer.
For the avoidance of doubt, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CHNL, Inc. online customer service or you can reach CHNL, Inc. by telephone at (201) 743-8547. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
These Terms of Service are governed and interpreted in accordance with the laws of the State of New York and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.
- You and CHNL, Inc. agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Mobile Offering (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and CHNL, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CHNL, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
- Arbitration Rules. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to these Terms of Service or to your use (or inability to use) of the Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of these Terms of Service. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York. The arbitrator’s decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude CHNL, Inc. from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in New York County in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
- Changes. Notwithstanding the provisions of the "Modification" section above, if CHNL, Inc. changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by contacting us at info@CHNLmedia.com) within 30 days of the date such change became effective, as indicated in the date of CHNL, Inc.’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CHNL, Inc. in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
General and Miscellaneous
The failure of CHNL, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CHNL, Inc. and govern your use of the Service, superseding any prior agreements between you and CHNL, Inc. (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect. These Terms of Service do not create rights enforceable by third parties.
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms of Service will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Service without CHNL, Inc.’s prior express written consent. CHNL, Inc. may assign, delegate and otherwise transfer any and all of its rights and obligations under these Terms of Service. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms of Service will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms of Service, together with all policies referred to herein, constitute the entire agreement between you and CHNL, Inc. with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and CHNL, Inc. regarding such subject matter. Without limitation, you agree that a printed version of these Terms of Service 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.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Contacting CHNL, Inc.
Questions about the Terms of Service or for general technical support information you may contact CHNL, Inc. at info@CHNLmedia.com.
Notice to New York Residents
Under New York Civil Code Section 1789.3, New York residents are entitled to the following specific consumer rights information:
The provider of the website is:
40 Wall Street, 58th Floor
New York, New York 10005
To file a complaint regarding the website or to receive further information regarding use of the Site, send a letter to the above address, contact CHNL, Inc. via e-mail or telephone at (201) 743-8547.
CHNL, Inc.(“CHNL, Inc.”, “we” or “us”) provides a platform to enable customers (“CHNL, Inc. Customers”) to develop and manage smart phone and tablet applications (each a “Mobile Application”) as well as related hosting and support services (the "Service"). As used in this document “Mobile Offering” means the Mobile Applications and Mobile Sites.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Advertisement And Third-Party Links
( A ) CHNL, Inc. Customers
- If you are a CHNL, Inc. Customer, when you register with us through the Site to create and manage Mobile Offerings, we will ask you for personally identifiable information, such as your name, company name, email address, billing address, and credit card information. We use such personally identifiable information (in some cases, in conjunction with your non-identifying information, such as your zip code) mainly to provide the Service, complete your transactions, administer your inquiries, and contact CHNL, Inc. Customers regarding account activities, new version and product offerings, or other communications relevant to the Service.
- In addition, we may collect information related to interactions of End Users with your Mobile Offerings as described in part (B) below.
- We do not sell any personally identifiable information of CHNL, Inc. Customers to any third parties. The instances where we may share such information with third parties are described in part (D) below.
- You may review and update the personally identifiable information in your registration profile by logging in and editing such information in your dashboard. If you decide to delete all of your information we may cancel your account. We may retain an archived copy of your records as required by law or for legitimate business purposes.
( B ) End Users
- If you decide to download, access and/or use a Mobile Offering, we will be collecting and storing on behalf of the applicable CHNL, Inc. Customer any personally identifiable information that you provide to such CHNL, Inc. Customer, such as your name, email address, postal code, birthday, and other optional information that a CHNL, Inc. Customer may choose to collect, which optional information is not required to use the Mobile Offering. Other instances where the data you provide through use of a Mobile Offering is collected by CHNL, Inc. on behalf of our Customers is where you choose to allow a Mobile Offering to collect your location data. In these instances such location data will be available to the applicable CHNL, Inc. Customer. In addition, if you have an account with Facebook, Twitter, Google+ or Foursquare or other similar websites (each a “Social Network”), your Social Network identity, including your public picture, may be associated with your location data. THIS MEANS THAT THE CHNL, Inc. CUSTOMER WILL BE ABLE TO IDENTIFY YOU PERSONALLY AND SEE SPECIFIC LOCATIONS THAT YOU HAVE RECENTLY VISITED, INCLUDING, POTENTIALLY, YOUR REAL TIME LOCATION, AND MAY DECIDE TO CONTACT YOU, FOR INSTANCE, BY INFORMING YOU ABOUT EVENTS OR PRODUCT OFFERINGS AVAILABLE IN YOUR AREA. YOU MAY AT ANY TIME TURN OFF THIS FUNCTIONALITY BY USING THE IN-APP PRIVACY SETTINGS.
- When you use a Mobile Offering, you may allow other End Users to send you personal messages, in which case we may send you alerts when you get a new message. YOU MAY AT ANY TIME TURN OFF THIS FUNCTIONALITY BY USING THE IN-APP PRIVACY SETTINGS.
- We do not sell any personally identifiable information of End Users to any third parties. The instances where we may share such information with third parties are described in part (D) below.
- You may be asked by CHNL, Inc. Customers to provide additional information to them, including your personally identifiable information, to be used and shared pursuant to their own privacy policies. We encourage you to read such privacy policies before providing any information to any CHNL, Inc. Customers or other third parties. While working with reputable customers is a top priority for us, we are not responsible for the use of your information by CHNL, Inc. Customers, and disclaim any liability related thereto.
( C ) Visitors
This section describes the information that we may collect from Visitors. To the extent you are a CHNL, Inc. Customer or an End User and visit the Site, this section will apply to you as well.
- If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Sites and/or the Service. If you decide at any time that you no longer wish to receive such information or communications from us, email us at info@CHNLmedia.com and request to be removed from our list.
- When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s IP address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs.
- Like many websites, we may use both session cookies and persistent cookies to better understand how you interact with the Site, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and the Service. In addition, please be aware that other parties may also place their own cookies on the Site, and may collect or solicit personal information from you. A session cookie enables certain features of the Sites and the Service and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. As described above, most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
( D ) General
The following provisions apply to everybody (CHNL, Inc. Customers, End Users and Visitors).
Sharing: We may share and/or disclose information that we collect from CHNL, Inc. Customers, End Users and Visitors in the following instances:
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include personally identifiable information and we may otherwise disclose non-identifying information and Log Data with third parties for industry analysis, demographic profiling and other purposes.
Service Providers. We may employ third party companies and individuals to facilitate our Site and Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to information that we collect from CHNL, Inc. Customers, End Users and Visitors only to perform these tasks on our behalf.
Business Transfers. CHNL, Inc. may sell, transfer or otherwise share some or all of its assets, including personally identifiable information collected from CHNL, Inc. Customers, End Users and Visitors, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Compliance with Laws and Law Enforcement. CHNL, Inc. cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information collected from CHNL, Inc. Customers, End Users and Visitors to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of CHNL, Inc. or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Security: CHNL, Inc. is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites: Our Site and related Service contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children: If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at help@CHNLmedia.com.