ChannelFix

CHANNELFIX - Universal Terms of Use Agreement

Users, Viewers, Contributors, Uploaders, Bloggers, Submitters, Posters, and all other Website Visitors to ChannelFix shall only continue use of this website if in full 100% agreement to this "Universal Terms of Use Agreement" and is required to be read thoroughly in it's entirety prior to any and all use of this website. For the purposes of this agreement the term "User" = Viewer = Contributor = Uploader = Blogger = Submitter = Poster = Website Visitor. A professional English translator is required in situations where the user does not well enough understand English to be able to confidently make a decision to this agreement. For the purposes of this agreement ChannelFix = "This website" =  "the site" = "site" = "website" and is in referance to the organizational entity ChannelFix. ChannelFix may also be referred to as Channel Fix, channelfix, or any other variation of the name which indicates the entity of this website and it's pages and content, bearing in mind that some content within this website may be unreviewed, pending review, and may or may not be the property of ChannelFix or this website.

CHANNELFIX. COM TERMS OF USE

This Terms of Use Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement between ChannelFix.com, LLC, (the “Company”) and you (the “User”) who agrees to be bound by this Agreement in regard to User’s access to www.channelfix.com (the “Site”), which is owned and operated by the Company.

 

1. USE OF THE SITE. By accessing the Site, User acknowledges that User has read, understood and agrees to the Site’s Terms of Use and Privacy Policy, which is incorporated by reference into this Terms of Use. Any use of this Site by User after any amendments or modifications to these Terms of Use shall constitute acceptance of the most current version of these Terms of Use.

 

2. GENERAL RESTRICTIONS ON USE.

 

(A) The Company grants the User a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.

 

(B) This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

 

(C) This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its associates without express written consent. User may not use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without the express written consent of the Company.

 

(D) Any unauthorized use terminates the permission or license granted by the Company. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company’s logo or other proprietary graphic or trademark as part of the link without express written permission

 

3. RESTRICTIONS ON USER-GENERATED CONTENT.

 

(A) User agrees that in using the Company’s Services, User will not post any Content that contains (i) offers for any illegal activity; (ii) advocates any violence or intolerance of any specific individual, organization, or belief; (iii) any misleading or inaccurate information with the intent of misleading other users; (iv) content that which may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any ISPs or suppliers; or (v) content that infringes upon the intellectual property or any other right of any entity or person including, but not limited to, copyrights and trademarks.

 

(B) User shall not, through the Services, (i) impersonate any person or entity; (ii) harass any other users of the Site; and/or (iii) state or imply that any statements made by User are endorsed by Company.

 

(C) User grants to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any User generated Content throughout the world in any media. User grants Company and its sublicensees the right to use the name that you submit in connection with such content, if the party so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the content User posts; and that the content is accurate.

 

(D) By submitting content to the Site, User acknowledges that these Terms of Use, apply to User’s submission and Company’s use of such Content.

 

(E) All right and title to the intellectual property in the user-generated content shall remain the property of the User, and Company makes no claim to rights in the content aside from those expressly granted in these terms. By uploading any user-generated content to the Site, User grants Company a worldwide non-exclusive license to display such Content on the Site. User may remove any user-generated content and revoke said license at any time unless User maintains a negative balance on User’s account, in which case, said balance needs to be settled with Company prior to removing the user-generated content.

 

(F) Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by User or any third party. Company shall, in its sole discretion, determine whether content fits any of the categories described in this paragraph and reserves the right to edit or delete any Content it deems to have violated this paragraph.

 

4. REVENUE SHARE PROGRAM. Company receives revenue for every commercial completely watched by users of the Site. Because the amount Company received for commercial views is dynamic and constantly changing, it is impossible to give User a static rate of payment per 1,000 views. Company will make every effort to provide User with the current market payment per 1,000 views (the “CPM”), but makes no warranty as to the precise accuracy of the number at any given time.

 

5. CALCULATION OF USER’S SHARE. The User shall be paid out of the money earned from ad revenue generated to the Site through views of commercials placed on User’s content, calculated according to the payout schedule on the Site (the “User’s Share”). Payouts of the User’s Share shall be made upon request so long as the amount to be requested meets or exceeds $100. Payments of the User’s Share shall be made through PayPal and may take 3-5 business days to complete.

 

6. THIRD PARTY DEVICES. User agrees not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site.

 

7. INTELLECTUAL PROPERTY. Notwithstanding any User rights in user-generated content, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon User.

 

To notify Company of any copyright-infringing content, please contact us at dmca@channelfix.com with the following information in accordance with the Digital Millenium Copyright Act:

 

• Identification of the allegedly copyright-infringing material

• Identifying of the allegedly infringed-upon work and the copyright-holder of said work

• Information reasonably sufficient for Company to contact you

• A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law

• 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

 

8. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE SERVICES, ANY CONTENT UPLOADED TO THE SITE BY USER, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.

 

9. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND OUR SERVICE IS AT USER’S SOLE RISK. COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE WEBSITE, OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE WEBSITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY USER FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

10. COMMUNICATIONS. Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like. User shall have no right of confidentiality in such communications and Company shall have no obligation to protect User’s communications from disclosure. Company shall be free to use any ideas, concepts, know-how, content or techniques contained in User’s communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

 

11. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to User’s transaction. Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

 

12. PRODUCTS AND SERVICES. The Site may contain information about Company’s products and services, not all of which are available in every location. A reference to a Company product or service on the Site does not imply that such product or service is or will be available in User’s location.

 

13. INDEMNIFICATION. User agrees to indemnify, hold harmless and defend Company, Company’s directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or threatened breach by User; (b) User’s use of the Site, or the Services, including any data, content or material transmitted or received by User; (c) any unacceptable or objectionable use of the Site or the Services by User; and (d) any negligent or willful misconduct by User.

 

14. THIRD PARTY LINKS. There are links on the Site that lead to third party sites, including those of advertisers. COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE COMPANY HAS NO CONTROL OVER SUCH SITES AND RESOURCES, USER ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.

 

15. MODIFICATION. Company has the right at any time or from time to time to modify or amend these Terms of Use, in which case this Site will display such changes, which will be User’s only notification of any such change. Any use of the Services by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification made by User shall be binding upon Company unless it is made in writing and signed by Company.

 

16. SEVERABILITY. If any provision of this Terms of Use is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provisions of this Terms of Use, and this Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.