Welcome to Channelhop! Before you begin using Channelhop, you must read
and agree to these Terms of Service ("Terms") and the
following terms and conditions and policies, including any future
amendments (collectively, the "Agreement"):
We may amend the Terms at any time by posting a revised version
on our website. The revised version will be effective at the time
we post it. If you do not agree to these Terms, you may not use
our Service.
1. Description of Service
Channelhop is a web publishing service (the "Service"). You will be
responsible for all activities occurring under your username and
for keeping your password secure. You understand and agree that
the Service is provided to you on an AS IS and AS AVAILABLE basis.
Channelhop disclaims all responsibility and liability for the
availability, timeliness, security or reliability of the Service
or any other client software. Channelhop also reserves the right to
modify, suspend or discontinue the Service with or without notice
at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service.
Channelhop reserves the right to refuse service to anyone at any
time without notice for any reason.
2. Proper Use
You agree that you are responsible for your own use of the Service,
for any posts you make, and for any consequences thereof. You agree
that you will use the Service in compliance with all applicable
local, state, national, and international laws, rules and
regulations, including any laws regarding the transmission of technical
data exported from your country of residence and all United States
export control laws.
You agree to abide by our
Content Policy
and the rules and restrictions therein. Channelhop may, in its sole discretion,
modify or revise the
Content Policy at any
time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including our
Content Policy, may result in immediate
termination of this Agreement, and may subject you to state and federal
penalties and other legal consequences. Channelhop reserves the right,
but shall have no obligation, to investigate your use of the Service
in order to:
- determine whether a violation of the Agreement has occurred, or
- comply with any applicable law, regulation, legal process or governmental request.
Much of the content of Channelhop -- including the contents of specific postings -- is
provided by and is the responsibility of the person or people who made such
postings. Channelhop does not monitor the content of Channelhop.com, and
takes no responsibility for such content. Instead, Channelhop merely provides
access to such content as a service to you.
Channelhop may carry offensive, harmful, inaccurate or otherwise
inappropriate material, or in some cases, postings that have been
mislabeled or are otherwise deceptive. We expect that you will
use caution and common sense and exercise proper judgment when
using our Service.
Channelhop does not endorse, support, represent or guarantee the
truthfulness, accuracy, or reliability of any communications
posted via the Service or endorse any opinions expressed via
the Service. You acknowledge that any reliance on material posted
via the Service will be at your own risk.
3. Privacy
As a condition of using the Service, you agree to the terms of
our
Privacy Policy.
Personal information collected by Channelhop may be stored and processed
in the United States or any other country in which Channelhop or its agents
maintain facilities. By using the Service, you consent to any such
transfer of information outside of your country.
4. General Practices Regarding Use and Storage
You agree that Channelhop has no responsibility or liability for the
deletion of, or the failure to store or to transmit, any Content
and other communications maintained by the Service. Channelhop retains
the right to create limits on use and storage at our sole discretion
at any time with or without notice.
5. Content of the Service
Channelhop takes no responsibility for third-party content
(including, without limitation, any viruses or other disabling
features), nor does Channelhop have any obligation to monitor such
third-party content. We reserve the right at all times to remove
or refuse to distribute any content on the Service, such as content
which violates the terms of this Agreement. Channelhop also reserves the
right to access, read, preserve, and disclose any information
as it reasonably believes is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce this Agreement, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
- protect the rights, property or safety of Channelhop, its users and the public.
Channelhop will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights
You acknowledge that Channelhop owns all right, title and interest in and to
the Service, including all intellectual property rights (the "Channelhop Rights").
Channelhop Rights are protected by U.S. and international intellectual
property laws. Accordingly, you agree that you will not copy, reproduce,
alter, modify, or create derivative works from the Service. You also
agree that you will not use any robot, spider, other automated device,
or manual process to monitor or copy any content from the Service. As
described immediately below, Channelhop Rights do not include third-party
content used as part of the Service, including the content of
communications appearing on the Service.
Channelhop claims no ownership or control over any Content submitted, posted
or displayed by you on or through Channelhop services. You or a third party
licensor, as appropriate, retain all patent, trademark and copyright to
any Content you submit, post or display on or through Channelhop services and
you are responsible for protecting those rights, as appropriate. By submitting,
posting or displaying Content on or through Channelhop services which are intended
to be available to the members of the public, you grant Channelhop a worldwide,
non-exclusive, royalty-free license to reproduce, modify, publish and distribute
such Content on Channelhop services as it sees fit to provide its Service.
Channelhop furthermore reserves
the right to refuse to accept, post, display or transmit any Content
in its sole discretion.
You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content submitted.
7. No Resale of the Service
Unless expressly authorized in writing by Channelhop, you agree not to
reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes
- any portion of the Service,
- use of the Service, or
- access to the Service.
8. Representations and Warranties
You represent and warrant that
- all of the information provided by you to Channelhop to participate in the Service is correct and current; and
- you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
9. Termination / Suspension
Channelhop may, in its sole discretion, at any time and for any reason,
terminate the Service, terminate this Agreement, or suspend or
terminate your account. In the event of termination, your account
will be disabled and you may not be granted access to your account
or any files or other content contained in your account although
residual copies of information may remain in our system for some
time for back-up purposes.
Sections 2, 3, 5 - 8, and 9 - 14 of the Agreement, along with
applicable provisions of the general Terms
(including the section regarding limitation of liability),
shall survive expiration or termination.
10. Indemnification
You agree to hold harmless and indemnify Channelhop, and its
subsidiaries, affiliates, officers, agents, and employees from
and against any third-party claim arising from or in any way
related to your use of the Service, including any liability
or expense arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. In such a case,
Channelhop will provide you with written notice of such claim,
suit or action.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and
Channelhop and governs your use of the Service, superseding any prior
agreements between you and Channelhop.
12. Waiver and Severability of Terms
The failure of Channelhop to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right
or provision. If any provision of the Terms is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and
effect.
13. Statute of Limitations
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising of or related to use of
Channelhop services or the Terms must be filed within
one (1) year after such claim or cause of action arose or be
forever barred.
14. Jurisdiction
These Terms will be governed by and construed in accordance
with the laws of the State of California, without giving
effect to its conflict of laws provisions or your actual
state or country of residence. Any claims, legal proceeding or
litigation arising in connection with the Service will be
brought solely in Alameda County, California, and you consent
to the jurisdiction of such courts.