This Agreement was last modified on September 12, 2014.
Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://www.channelpages.com ("the Site") operated by FanBridge, Inc. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.channelpages.com. This Agreement may be modified by Channel Pages from time to time at our sole discretion. All modifications will be posted on www.ChannelPages.com and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
CHANNEL PAGES SERVICE
Channel Pages provides a service that enables content creators to connect with other content creators, as well as for businesses to connect with content creators for the purpose of creating promotional and marketing relationships (collectively, the "Service").
As a condition of Your use of the Service, You agree to provide Channel Pages with true, accurate, current and complete contact information as prompted by the Service’s registration forms, and update and maintain the truthfulness, accuracy and completeness of such information.
If You are under the age of thirteen (13), You are prohibited from using or registering for the Service.
USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
The Site and its original content, features and functionality are owned by FanBridge, Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Except where prohibited, by using the Service, you irrevocably agree that we, our partners or affiliates, may use your name, likeness, voice, photograph and any content you include with your videos (such as your YouTube channel name or title and video description) or YouTube channel (collectively, "Your Likeness") throughout the world, in perpetuity, in any media, without limitation or compensation to you. By using the Service, you permanently waive all intellectual property rights, privacy/publicity rights and other legal or moral rights that might preclude the use of your videos and Your Likeness, and you agree not to sue or assert any claim against us or our partners or affiliates relating to the use of your videos or Your Likeness.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
LINKS TO OTHER SITES
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of New York, United States, without giving effect to any principles of conflicts of law.
If you have any questions about this Agreement, or would like to report another party who is violating this agreement, please contact us.
WARRANTY DISCLAIMER AND REMEDIES
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. FANBRIDGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND FANBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for FanBridge to use commercially reasonable efforts to adjust or repair the Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FANBRIDGE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS FANBRIDGE) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF FANBRIDGE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, FANBRIDGE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF FANBRIDGE TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
EXPORT OF SERVICES OR TECHNICAL DATA
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
FanBridge and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind FanBridge in any respect whatsoever.
You will not access (or attempt to access) the Site by any means other than the interface provided, and you will not use information from the Site for any purpose other than the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of the Site. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services.
Channel Pages does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to Channel Pages, and, if you create an account on Channel Pages, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold Channel Pages, FanBridge, and FanBridge representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Channel Pages, and related to or arising out of any conduct or activities on, through or by use of your Channel Pages account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Channel Pages, FanBridge, or FanBridge Representatives.
UNAUTHORIZED ACCESS AND ACTIVITIES
Any copying, aggregation, display, distribution, performance or derivative use of Channel Pages or any content posted on Channel Pages whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Circumvention of any technological restriction or security measure on Channel Pages or any provision of the ToS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Channel Pages webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and email or telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of Channel Pages pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of Channel Pages in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Channel Pages in compliance with the ToS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Channel Pages in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the ToS.
USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
Channel Pages and Channel Pages Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold Channel Pages and Channel Pages Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Channel Pages, FanBridge and FanBridge Representatives.