EFFECTIVE DATE: September 1, 2020
- BINDING EFFECT
These The Able Channel Website Terms of Service (“Terms of Service” or “Terms”) constitute a binding legal agreement between you, your heirs and assigns (“you”, “your”, “user”), and The Able Channel Inc, a Delaware corporation (along with its subsidiaries, affiliates, members, managers, officers, employees, agents, representatives, successors in interest, licensees, and assigns (“The Able Channel”, “we”, “us”, or “our”), as of the Effective Date stated above. By using the Internet website accessible at TheAbleChannel.com and ablechannel.com and any sub-domains or other domains (the “Websites”) or any features or services provided in connection with the Website (collectively, the “Features”), you agree to abide by these Terms of Service, as amended from time to time in our sole discretion. Although we may attempt to notify you – by posting a notice to the Website or otherwise – of any significant changes to these Terms of Services, it is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Website and cease all use of the Website and Services, and otherwise will be deemed to have agreed to them. YOU AGREE THAT BY USING THE WEBSITE OR FEATURES YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE AT LEAST 13 YEARS OF AGE BUT ARE NOT OF THE AGE OF MAJORITY, A PARENT OR GUARDIAN HAS CONSENTED TO THESE TERMS ON YOUR BEHALF. IF YOU ARE UNDER THE AGE OF 13, THE WEBSITE AND FEATURES ARE NOT INTENDED FOR YOUR USE.
- LIMITED LICENSE
Conditional upon all of your representations herein being accurate and your compliance with all of the provisions of these Terms of Service, and subject in all instances to all of our rights hereunder, including, without limitation, its right of termination stated in Section 12, below, and under applicable law, we hereby grant you a limited, personal, non-transferable, non-sublicensable license to use the Website and its Features for non-commercial, home use, in accordance with all applicable laws and regulations and any acceptable use policies or other rules or limitations imposed by us in our discretion from time to time.
- INTELLECTUAL PROPERTY RIGHTS
We do not transfer either the title or the intellectual property rights to the Website, Features, or to any intellectual property of others found therein or thereon, and we retain full and complete title to the Website and Features, as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Website or Features, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of these to a human-perceivable form. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner without our prior express written permission.
Nothing contained on the Website, Services, or in there Terms should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party. Except as specified in Section 12, regarding Third Party Content, the Website and Features are Copyright 2016-2017 The Able Channel, all rights reserved.
- REGISTRATION, LOGIN, AND PASSWORD SECURITY
When you are required to open an account to use or access the Website or Features, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a name, email address and password. You are entirely responsible for maintaining the confidentiality and security of your password. You may not use the account or password of someone else at any time.
For minors age 13 or younger, a parent or guardian must create an account for you, and such parent or guardian is responsible for agreeing to these Terms and for all use by any minor the parent or guardian allows or permits to use their user account.
You agree to promptly notify us of any unauthorized use of your account, user name, or password of which you become aware and agree to take such further steps as we may reasonably request to prevent unauthorized access or use of the Website and Features. You further agree not to include any virus, malware, self-executing software, or the like in any User Content (as defined in Section 6, below). You may be held liable for any losses we or others incur due to your negligent or intentional failure to comply with the foregoing provisions.
For account creation or login or other assistance, please contact us at account-support@TheAbleChannel.com
- USER CONTENT AND FEEDBACK
You irrevocably grant us a perpetual, royalty-free license to use any materials you post to the Website or Features throughout the universe. By transmitting, posting, downloading, displaying, performing, transmitting, or otherwise providing or distributing information, or other content (collectively, “User Content”) to the Website or Features, you are granting us a license to use User Content in connection with the operation of our business, including, without limitation, the Website and Features, and including, without limitation, a right, but not an obligation, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your username and/or name in connection with your User Content. By posting User Content on the Website or Features, you represent and warrant to us that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Any suggestions, feedback of a technical or other nature, or other error corrections or improvements of the Website or Features resulting therefrom and provided in whole or in part by you shall become our sole and exclusive property without the need for the payment of an initial or ongoing license fee or royalty or the provision of any credit of any kind whatsoever.
- INAPPROPRIATE CONTENT
You shall not make the following types of content available on the Website or Features: You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Website and Features, and, if applicable, to delete any such material from our servers, as well as to terminate your access to these. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
- USER SUBMISSIONS
To submit your original material (“Material”) for consideration for our use or development (a “Submission”), please refer to the submission instructions and Submission Release, the terms of which are expressly incorporated into these Terms of Service by this reference as though set forth in full in this space. Please note that we will not review any Material unless you agree to each and every provision of the Submission Release.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Features, you agree to comply with all applicable intellectual property laws and to respect The Able Channel’s and others’ intellectual property rights. Your use of the Website and Features is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you, so if in doubt, please do not post or provide it.
- COPYRIGHT INFRINGEMENT
The Able Channel has in place certain procedures regarding allegations of copyright infringement or other intellectual property occurring on the Website or with the Features. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our or others’ intellectual property rights, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement or other intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works, or of the other intellectual property;
(c) identification of the material that is claimed to be infringed 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 us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
(e) 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 or other intellectual property rights owner, its agent, or the law; and
(f) 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.
For this notification to be effective, you must provide it to Company’s designated agent at:
- The Able Channel Copyright Agent
- c/o Shukat Arrow Hafer Weber & Herbsman LLP
- ATTN: Jonas Herbsmann
- 494 Eight Avenue
- Sixth Floor
- New York, NY 10001
- FAX: 212-956-6471
- EMAIL: legal@TheAbleChannel.com
- PROHIBITED USES
We impose certain restrictions on your permissible use of the Website and Features. In addition to the prohibitions stated in Sections 5, 7, and 9, above, you are prohibited from violating or attempting to violate any security features of the Website or Features, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website or Features, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Features, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Features to send unsolicited e-mail or other types of messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website or Features. In addition to termination pursuant to Section 12, any violation of system or network security, or of our or others’ intellectual property rights, may subject you to civil liability and/or criminal penalties.
- ALLEGED VIOLATIONS
We reserve the right to terminate your use of the Website and/or Features in our discretion. To ensure that we provide a high quality experience for you and for other users of the Website and Features, you agree that we may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or Features. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Website and/or Features immediately, with or without notice to you, and without liability to you, if we believes that you have violated any of these Terms of Service, furnished us with false or misleading information, or interfered with use of the Website or Features by others.
- THIRD-PARTY CONTENT
Certain material that is available on, in, or through (e.g., linked from) the Website or Features is owned and controlled by third parties. We have no control over, and no liability for any websites or content owned or managed by others (collectively, “Third Party Content”). Because we have no control over such Third Party Content, or the performance or availability of Third Party Content, we make no guarantee about the accuracy, currency, content, or quality of the information provided on, in, through, or by such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may be present in Third Party Content. Unless otherwise expressly provided, these Terms of Service shall govern your use of any and all third party content. Notwithstanding the foregoing, if you believe any Third Party Content accessible on the Website or in the Features violates your or any third party’s intellectual property rights, please refer to Section 10 of these Terms.
- AFFILIATE MARKETING DISCLOSURE
In certain instances, The Able Channel may be an affiliate of a product or service mentioned or advertised on, or linked from, the Website or Features and may earn a commission or other compensation from your click-throughs and/or as a result of any purchase you make through these links.
- DISCLAIMER OF WARRANTIES
The Able Channel IS MAKING THE WEBSITE AND FEATURES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND FEATURES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR FEATURES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL The Able Channel BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL – REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, FEATURES, OR ANY OTHER MATERIALS, INFORMATION, OR DOCUMENTATION PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Able Channel from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Website or Features, your actual or attempted violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- GOVERNING LAW
These Terms of Service shall be construed in accordance with and governed by the laws of the State of New Jersey and of the United States of America, without regard to conflicts of laws provisions, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods.
The Website is controlled and operated by us from its offices in the State of New Jersey. We makes no representation that any of the Website, Features, or other materials, information, or documentation to which you have been given access are available or appropriate for use in other jurisdictions. Your use of or access to the Website or Features should not be construed as The Able Channel purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than New Jersey, United States of America.
- DISPUTE RESOLUTION
- SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
We may, in our sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Website and/or Features; and (c) discontinue the Website and/or Features at any time. We shall post any revision to these Terms to the Website, with an updated Effective Date, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website or Features following notice of any revision, you shall abide by any such revision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
BY ACCESSING THE WEBSITE OR USING THE FEATURES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY EACH AND EVERY ONE OF THEM, AND THAT THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US.