C. J.’s Website Terms of Use

 

 

 

From Jim Metrock:

When or if you try to read Channel One’s brand spankin’ new Website Terms of Use below, keep in mind who Channel One wrote the words for: teenagers, preteens, and elementary school-age children.  That’s right, young people and very young people.

Websites like Channelone.com create such documents to give their users and potential users a head’s up about their site. The purpose in theory is to caution the user by explaining in simple, understandable terms how the website works.

Channel One’s Website Terms of Use is an absolute mess of legal terms and overly-wordy phrases and clauses. This was intentional. A company like Channel One knows what it is doing. They didn’t want this document to be easy to read, either by young people or by their parents.

C.J., you and your company are showing disrespect for the very young people you make your living off of.

Here’s an example taken from the 8,700+ words below (emphasis ours):

Unless otherwise agreed, ownership rights in your User Submissions will be retained by you (or, if applicable, your Institution or the original author or licensor, as the case may be); however, upon any submission or contribution of any User Submission, Channel One will receive an irrevocable, worldwide, non-exclusive, royalty-free, fully sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created, including but not limited to use on these or other Channel One’s Offerings, Channel One Network’s programming or other offerings in any manner. Even though ownership rights in User Submissions are retained, Channel One has no obligation to provide credit, attribution or authorship to you or to retain, archive, return and/or provide any tangible or intangible copies to you, of or in relation to any User Submissions.

What C.J’s company is saying is they can use anything submitted by a child or teenager in Channel One’s marketing forever and ever without paying a young person one penny. Nobody would ever read this paragraph, especially with it not being highlighted in red.

Boo to Ms. C.J. Kettler. Boo to Channel One News. Their disregard for the welfare of their young website visitors matches their disregard for their young captive audience for their Channel One News TV show.

See also: 2005  “throughout the universe in perpetuity”

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Website Terms of Use

Updated: June 7th, 2013

Welcome to Channel One!  This is a site operated by Channel One, LLC (“Channel One” or “we” or “our”).

While we are located on the Internet primarily at the URL www.channelone.com (and at some related and sister sites and URLs), we may change this URL and any of our other URLs or offerings, such as mobile apps, IPTV or other ways, and we may, in our discretion, redirect you to this site and our offerings here (all of our sites and mobile, Internet or similar distribution channels, referred to as “Channel One’s Sites” or “Sites”).

This site hosts, publishes and distributes content and other offerings provided by Channel One, its parent and affiliated companies, its suppliers and licensors and various other third parties we have engaged with (“Channel One’s Offerings” or “Offerings”). Many parts of this site feature content produced by our users, such as you.

We may change or discontinue any aspect or feature of the site or our offerings at any time. We encourage your active involvement and use of Channel One’s Offerings at our Sites, but only if you understand and agree that you must fully abide by these Website Terms of Use. Use of this site signifies your agreement to these “Website Terms of Use.” We also encourage and expect you to read and understand our “Privacy Policy” which can be found at www.channelone.com/privacy-policy. The terms of the Privacy Policy are considered a part of these Website Terms of Use. If you have registered or downloaded one of our apps, media player or other offerings, you will also be subject to our “Online Terms & Conditions” which can be reviewed at www.channelone.com/online-terms-and-conditions. If you are an educator, employee or other affiliate of a School that subscribes to Channel One’s television programming, curricular offerings, or the like, your School may be subject to the “Network Participation Agreement” which can be found at www.channelone.com/network-participation-agreement or similar agreement.

These Website Terms of Use supplement, and are not intended to replace, amend or modify, either the Online Terms & Conditions nor any Network Participation Agreement (or similar agreement) or any other agreement to which you or your School may otherwise be party with Channel One, and any conflict between the terms hereof and the terms of any of those other agreements will be handled according to the terms of those other agreements.

PLEASE READ THESE WEBSITE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY.

Channel One may modify, delete or add to various provisions of these Website Terms of Use from time to time. Such changes will be effective upon posting here from the date of the latest update, as stated above. Users will be expected to check these Website Terms of Use from time to time. Continued use of Channel One’s Sites and Offerings signifies agreement to any changes.

If you do not agree with any of the provisions here or in the Privacy Policy, you may at any time stop using this site and any of our offerings. Should you have questions, you may reach us by telephone at +1 917-634-5700 or contact us at:

[email protected]

If you are a child under 13, please ask your parent, guardian or teacher to review these Website Terms of Use together with you or ask your parent, guardian or teacher to contact us if any of you have any questions.

Account Information. If you register for to use areas of the Sites that require registration to access additional content or services, you may be assigned or be asked to select an UserID and password. In such cases, you will be agreeing to be governed by the Online Terms & Conditions as to your use Channel One’s Sites and Channel One’s Offerings, whether the areas of the Sites or Offerings you access or use requir you to register as a prerequisite. There are some areas of Channel One’s Sites or functions of Channel One’s Offerings, such as the comments forums, which may require you to provide temporary contact information, not actually register for continued access. (Please see section entitled “User Submissions” below for additional provisions related to comment and similar forums on Channel One’s Sites). In these cases, unless you are already registered, we do not retain such contact information once our use of it is over. This means you may be asked repeatedly to provide the same or similar information at different places in our site or to access the same functionalities during a subsequent visit. If we do retain the information, it will be because you have previously registered with Channel One, whether you were logged-in at the time of providing the additionally requested information, or such information will used only for the purposes for which you provided such information as the context dictates or in ways we will disclose to you at such time.

Your Conduct. You may use Channel One’s Sites and Offerings only for your personal, non-commercial, lawful uses only. If you are an educator, you may use Channel One’s Sites and Offerings as curricular programming and otherwise to fulfill your school or institution’s educational mission, subject to any obligations your School may have under the applicable Network Participation Agreement or similar or equivalent agreement. You may not at any time or for any reason, do any of the following:

• feature, submit, publish, describe, refer to or include any personal information, such as first and last name, address or other identifying characteristics or traits, about any individual without their express consent; notwithstanding anything to the contrary, you may not feature or include any personal information about any child under the age of 13 (including, without your parent’s or guardian’s consent, your own information if you are yourself under 13 years of age) for any reason whatsoever;
• abuse, harass, threaten, impersonate or intimidate others, or post on Channel One’s Sites or via any Channel One’s Offerings, or transmit to other users via Channel One’s Sites or Channel One’s Offerings, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material;
• contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
• engage in any activity intended to obtain password, account, or private information from any user;
• transmit unwanted email or other communications;
• submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
• take any action that might impose an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of Channel One’s Sites or Channel One’s Offerings or any other activities conducted on Channel One’s Sites or via any Channel One’s Offerings; or
• bypass any measures we may use to prevent or restrict access to Channel One’s Sites or Channel One’s Offerings

Additionally, and without limiting the foregoing, prohibited conduct includes, but is not limited to, use of the computer network and communication infrastructure and systems underlying, hosting and supporting our Sites and Offerings to do any of the following:

1. (1) distribute unsolicited chain letters,
2. (2) propagate computer worms, viruses and other such malicious code,
3. (3) use (directly or indirectly) the Sites or its computer network to make unauthorized entry to any other machine accessible via Channel One’s Sites or its computer network and
4. (4) use of the Sites or devices or browsers accessing the Sites or Offerings to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Sites or Offerings to become users of other services competitive with our Offerings.

Without limiting any other rights or remedies of Channel One, violations of the foregoing may result in removal of violative communications and/or early termination of your access to Channel One’s Sites of Offerings.

Equipment. You will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Channel One’s Sites and all charges related thereto. The preceding may not apply in cases where a School is party to a Network Participation Agreement (or similar agreement), in which case the applicable agreement will govern.

Ownership. Channel One’s Sites contains copyrighted material, trademarks and other proprietary information, that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Channel One’s Sites are copyrighted as a collective work under the United States copyright laws. Channel One owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Channel One’s licensors and suppliers may own copyright in the content supplied by them. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of Channel One and, as applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that neither you nor, if applicable, your School or parent or guardian will acquire any ownership rights by accessing the Channel One’s Sites or otherwise using copyrighted material through Channel One’s Offerings. Trademarks appearing on Channel One’s Sites are the property of Channel One, affiliates of Channel One, or their respective owners.

User Submissions. There are areas of Channel One’s Sites or through our other Offerings where you, as an end user, may submit or post comments, materials or other content to be used or featured on Channel One’s Sites or Offerings or for Channel One’s review or consideration (“User Submissions”). (Please note that content submitted in connection with a contest or sweepstakes offering will be governed solely by the rules governing such contest or sweepstakes in the event of any conflict with these Website Terms of Use or other terms and conditions you may be party to.) You may be required to provide contact information or register when you make a User Submission (Please also see the Section entitled “Account Information” and Channel One’s Privacy Policy).

Unless otherwise agreed, ownership rights in your User Submissions will be retained by you (or, if applicable, your Institution or the original author or licensor, as the case may be); however, upon any submission or contribution of any User Submission, Channel One will receive an irrevocable, worldwide, non-exclusive, royalty-free, fully sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created, including but not limited to use on these or other Channel One’s Offerings, Channel One Network’s programming or other offerings in any manner. Even though ownership rights in User Submissions are retained, Channel One has no obligation to provide credit, attribution or authorship to you or to retain, archive, return and/or provide any tangible or intangible copies to you, of or in relation to any User Submissions.

Please be advised that:

• You will be solely responsible for your own User Submissions and the consequences of posting them, and should you post a User Submission, you represent and warrant that you own or have the necessary rights to post and authorize us to use your User Submissions in the manner contemplated by Channel One’s Sites, Channel One’s Offerings, these Online Terms and Conditions and any rules, regulations or authorizations of your Institution.
• Channel One does not endorse any User Submission or any opinion, recommendation, or advice that may be expressed. Accordingly, Channel One expressly disclaims any and all liability in connection with any and all User Submissions.
• Notwithstanding anything to the contrary contained in these Online Terms and Conditions, we reserve the right to remove any Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason and without affecting the rights and licenses granted to us under these Online Terms and Conditions. No User Submission or other content that you may have access to or come into the possession of through your user or access of Channel One’s Offering(s) or any other product or service provided by Channel One shall be considered a “virtual good” or other property right of any kind and shall not be deemed to have any monetary or other tangible or intangible value.
• You may not upload, post or otherwise make available on Channel One’s Sites or through Channel One’s Offerings any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
• Channel One does not want to receive confidential information from you or any end user and any information received will be deemed NOT to be confidential.

Notwithstanding the foregoing, Channel One has the right, but not the obligation, to review any user submissions or other content posted or proposed on Channel One’s Sites or through any of Channel One’s Offerings to determine compliance with these Website Terms of Use and any operating rules established by Channel One and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Channel One shall have the right to reject or remove any material that Channel One, in its sole discretion, finds to be inappropriate or in conflict with the provisions of these Website Terms of Use, applicable law, or for any other reason whatsoever, and Channel One has no obligation to notify or disclose its reasons for such determinations.

Disclaimer of Warranty; Limitation of Liability  (A) YOU EXPRESSLY AGREE THAT YOUR USE OF CHANNEL ONE’S SITES AND CHANNEL ONE’S OFFERINGS IS AT YOUR SOLE RISK. NEITHER CHANNEL ONE, CHANNEL ONE PARENT AND AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “CHANNEL ONE PARTIES”) WARRANT THAT CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS.

(B) CHANNEL ONE’S SITES AND CHANNEL ONE’S OFFERINGS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE SITE TERMS OF SERVICE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CHANNEL ONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL CHANNEL ONE, THE CHANNEL ONE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CHANNEL ONE’S SITES, CHANNEL ONE’S OFFERINGS OR ANY SOFTWARE THAT MAY BE REQUIRED TO USE OR ACCESS THE SAME, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CHANNEL ONE, NOR THE CHANNEL ONE PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR NON-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE CHANNEL ONE PARTIES TO YOU (OR, IF APPLICABLE, YOUR SCHOOL OR OTHER INSTITUTION) FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE SITE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS UNDER THESE WEBSITE TERMS OF USE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS AND RETAINED BY CHANNEL ONE OR (B) ONE HUNDRED DOLLARS ($100).

(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Channel One’s liability is limited to the greatest extent permitted by law.

Indemnification. You agree to defend, indemnify and hold harmless Channel One, Channel One parent and affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Channel One’s Sites by you, except to the extent such claims and expenses arise directly out of the negligence of Channel One.

Termination. Either Channel One or you may terminate these Website Terms of Use at any time. Without limiting the foregoing, Channel One will have the right to immediately terminate your passwords or accounts, if applicable, for any reason in its sole discretion. While Channel One may be unable to bar you from accessing the publically accessible areas of Channel One’s Sites or Channel One’s Offerings, your continued access or use may constitute a violation of these Website Terms of Use and a violation of applicable law, including the Computer Fraud and Abuse Act, if you persist in accessing or using our Sites or Offerings after becoming notified of Channel One terminating your use and access rights. The provisions of these Website Terms of Use, which by its terms are intended to survive cessation or termination of your use or access of the Channel One’s Sites or Offerings, will survive any such termination, for whatever reason, of these Website Terms of Use.

Third Party Content. Certain of the content on our site and featured in our offerings are supplied by third parties. In many of these cases, we are a distributor (not a publisher) of such supplied or licensed content and thus any opinions, advice, statements, services, offers, or other information or content expressed by such third parties are their own, and not of Channel One. In these cases, Channel One is a distributor (and not a publisher) of content when the content is supplied by third parties, Schools and other end users such as you. Channel One does not exercise editorial control over such content. Accordingly, Channel One, and in many cases and contexts, such third party suppliers, providers and contributors, do not and cannot guaranty the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Channel One be liable for any loss or damage caused by your reliance on information obtained through Channel One’s Sites or Offerings. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Channel One’s Sites or Offerings. (Please see the section entitled “Disclaimer of Warranty; Limitation of Liability” for additional provisions regarding these matters.)

Linking to Channel One’s Sites or Offerings. If you link to Channel One’s Sites, your link must not damage, dilute or tarnish the goodwill associated with Channel One and/or any of our licensors, suppliers, customers and other end users, including by linking from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Channel One’s sole discretion. No link may create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Channel One or any licensors, suppliers, customers or end users, and you may not “frame” any of Channel One’s Sites or Offerings. By accessing and using any of Channel One’s Sites or Offerings, you agree that, upon Channel One’s request, you will remove any link we request you to remove. Please feel free to contact us requesting to link or otherwise regarding linking from your web site at [email protected] with your contact information so we may contact you about your questions or request.

Jurisdiction. This site and our offerings are controlled and operated by us from our offices in New York City, State of New York in the United States of America. We make no representation that materials and other offerings on our site are appropriate or available for use in other locations. Those who choose to access our site and offerings from other locations do so on their own initiative and are responsible for compliance with local laws,

Miscellaneous. These Website Terms of Use (which hereby incorporates by reference any other provisions applicable to use of Channel One’s Sites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in Channel One’s Sites and any operating rules for Channel One’s Sites established by Channel One) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Website Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Website Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. These Website Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Privacy Policy. Channel One knows that the privacy of your personal information is important to you. Therefore, Channel One has established a Privacy Policy governing the use of this information, which can be viewed here and is part of these Website Terms of Use.

DMCA Notice. Channel One owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via Channel One’s Sites by third parties not within the control of Channel One. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), Channel One will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), Channel One has designated the Vice-President and General Counsel of Alloy, Inc., the parent company of Channel One, as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Channel One’s Sites Web site. The contact information is:

Channel One, LLC

care of

Vice President / General Counsel

Alloy, Inc.

151 W. 26th Street, 11th Floor

New York, NY 10001

E-mail: [email protected]

Online Terms & Conditions

BY COMPLETING THIS REGISTRATION AND ACCESSING ANY OF CHANNEL ONE’S SITES OR USING ANY OF CHANNEL ONE’S OFFERINGS, AT ANY TIME FROM TIME TO TIME, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS, AS WELL AS THE “WEBSITE TERMS OF USE” (THE “WEBSITE TERMS OF USE“), AND CHANNEL ONE’S “PRIVACY POLICY” (THE “PRIVACY POLICY”) BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE AND REFERRED TO, ALONG WITH THESE TERMS AND CONDITIONS, AS CHANNEL ONE’S “ONLINE TERMS AND CONDITIONS.” We may, at our sole discretion, modify these Online Terms and Conditions at any time. By accessing Channel One’s Sites or using Channel One’s Offerings at any time after any such modifications are posted, you are agreeing to such modifications.

PLEASE NOTE: IF YOU ARE UNDER AGE 18, PLEASE OBTAIN YOUR PARENT’S CONSENT TO REGISTER. IF YOU ARE UNDER AGE 13, PLEASE HAVE YOUR PARENT REGISTER FOR YOU.

WE DO NOT PERMIT REGISTRATION, OR COLLECT OR RETAIN ANY INFORMATION THAT MAY ATTEMPT TO BE PROVIDED, BY ANY CHILD UNDER 13 YEARS OF AGE.

This registration governs your use of Channel One’s mobile and online offerings, which are provided to you via our website which is accessible through www.channelone.com, (and/or successor, affiliated or associated domains) or through various mobile or device-oriented app stores or similar distribution platforms. Such sites are referred to as “Channel One’s Sites”; such offerings, including without limitation in the form of a media player, app, or native or downloadable software-based offering, are referred to as “Channel One’s Offerings.” Channel One’s Sites and Channel One’s Offerings are owned or licensed and operated and distributed by Channel One (referred to herein as “Channel One” and “we” and through similar words such as “us,” “our,” etc.).

These Online Terms and Conditions may apply to you variously in your capacity or capacities, as follows:

(A) a parent, guardian and/or individual child using any of Channel One’s Offerings, provided that we do not permit registration, or collect or retain any information attempted to be provided, by children under age 13 without express parent consent; or

(B) an educator, other employee or other affiliated or authorized user of an Institution, including one which may have authorized or paid for your access and right to use Channel One’s Offerings, as a beneficiary and because of your affiliation with such Institution, including for the benefit of your students

(“Institutional User”). (For Institutional Users Only): Please note: As an Institutional User, you are also agreeing these Online Terms and Conditions in your capacity as an unaffiliated individual, and in your capacity and status as an educator or other type of interested party. You may register for an account irrespective of whether your School (or Institution with which you or your School is affiliated) utilizes and makes available television programming and other offerings developed, broadcast and distributed by Channel One in the classroom. If your School does, then these Online Terms and Conditions are intended to supplement but not replace, modify or affect in any manner the Network Participation Agreement or similar agreement to which your School or Institution may be a party. Please be advised that, as an Institutional User, there may from time to time be offerings featured or made available to you specially because of your status as an Institutional User. Where applicable and marked as “For Institutional Users Only” below, additional terms and conditions may apply to your use of any such subscription, paid and/or otherwise specially restricted offerings, if any.

Notwithstanding anything to the contrary contained in these Online Terms and Conditions, we reserve the right to terminate or refuse any individual user’s access to any of Channel One’s Sites or Offerings for any reason at any time. No part of Channel One’s Sites or other aspect of Channel One’s Offerings are being offered as a public accommodation of any type or in any manner whatsoever.

1. Access and Use of Channel One’s Sites and Channel One’s Offerings

a. Access to and use of Channel One’s Offering are conditioned upon using a self-designated or assigned login and password. The login and password are provided for the use by you as an individual user, and are not transferable to any other users, even others within your Institution.

b. You agree to maintain your login and password strictly confidential. You will be solely responsible and liable, and Channel One shall have no liability, for any and all activities that occur associated with use of your login and password.

c. Misuse of these Channel One’s Sites or Channel One’s Offerings including improper access of any account area or unauthorized sharing of the login and password, may result, at Channel One’s sole discretion, in the cancellation of your and/or the Institution’s access and/or account or the pursuit of other remedies.

d. (For Institutional Users Only) You may use Channel One’s Offering(s) (and any other products or services offered by Channel One to which you have access and right of use) solely for the internal benefit of your Institution in the manner and to the extent authorized by the School or other affiliated entity associated with such Institution, and any uses that might exceed such authorization or conflict with the purpose of benefiting such Institution shall be deemed a violation of this Agreement. You acknowledge there may be time or use restrictions on the right to make copies or share any of the content or other offerings; please abide by any restrictions that are noticed or to which your School or Institution may be bound in respect of the use of Channel One’s Offerings.

2. One Account Only

a. You may maintain only one account (i.e., one user ID and password combination). You may not register nor maintain multiple accounts. If Channel One discovers that you have registered for multiple accounts, Channel One may in its sole discretion decide which account to terminate. Without waiving any rights or remedies that may be available to us, Channel One shall have no obligation nor liability to you or the Institution in respect of any such terminated account.

[Obligation, Inc. note: Channel One left out “2.b”.]

 

c. (For Institutional Users Only) If your affiliation with your Institution changes, and/or your Institution terminates its or your access or account with us, you may continue to have access to your account via your userid and password (or via a new or re-designated userid or password) but such access may be limited in respect of any special access rights which you may have enjoyed because of your status as an Institutional User covered by your Institution’s subscription, paid and/or other special access rights, if any. Please be advised that in respect of such special access rights, we or your former Institution will determine your access rights in each of our or its respective sole discretion. Please also see Section 11 below.

3. Information about You

a. From time to time, you may be required to provide additional information about yourself or your Institution (including in the case of students or parents/guardians, the School the child user is enrolled at), and you will be responsible for keeping such information up-to-date and accurate and complete at all times.

b. We have the right to send you emails relating to your access or use of Channel One’s Offerings and/or your registration or account from time to time. Notifications sent to the email address then-associated with your account will be deemed to have been received, even if such email address not updated or accurate.

c. Following termination of your registration, we retain the right to archive and use your information for referring to later in the event you should decide to re-register or otherwise as may be required under applicable law.

d. Any information we collect about you will be held in accordance with the terms of our Privacy Policy.

4. Channel One’s Offerings

a. Channel One’s Offerings and many portions of Channel One’s Sites provide content and data that are provided by the users such as you or the Institution you are affiliated with or enrolled at, third party suppliers and/or other third party users. Channel One has no control over such third party content, and do not endorse and are not responsible or liable for any content, data, products, information or other materials promoted or displayed, or any websites that they may link to. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use or reliance upon any such content.

b. Without limiting the foregoing clause (a) of this Section 4, any informational materials provided on Channel One, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Channel One makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Channel One’s Sites or Channel One’s Offerings. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

b. In connection with accessing any of Channel One’s Offerings through a website, via a browser or media player, or through use of an app or other software, you are not permitted to download or make copies of any programming content or other materials featured or made available through Channel One’s Offerings except as may be permitted by “fair use” exception and applicable laws, and in such cases, only for your personal and non-commercial and non-distributed uses.

c. If Channel One’s Offering uses a media player, mobile app or other software-based downloadable offering to make the programming content available or accessible, the app or software including any content, video, images incorporated in, generated or distributed by the app or software and accompanying information and data are licensed on a non-exclusive, non-transferable basis to you by Channel One. Channel One does not transfer title to any underlying technology or intellectual property, and Channel One or its suppliers or licensors retains full and complete right, title, and interest in and to such app or software including any and all intellectual property rights therein and thereto. You may not redistribute, sell, decompile, reverse-engineer or disassemble the app or software.

c. (For Institutional Users Only) You may download and print extracts from Channel One’s Offering(s) where permitted, but may do so only if permitted by your Institution and agree to use such downloads and/or printed extracts solely for you to use as part of your curricular program or fulfilling your Institution’s mission and purpose. Notwithstanding the foregoing, you acknowledge there may be time or use restrictions on the right to copy, share or use any of the content or other offerings; please abide by any restrictions that are noticed or to which your School or Institution may be bound in respect of the use of Channel One’s Offerings, including in any relevant Network Participation Agreement or similar agreement.

d. Channel One reserves all rights in and to Channel One’s Sites, Channel One’s Offerings and any of our or our third party suppliers’ and licensors’ content.

5. User Submissions

a. Channel One’s Offerings, on Channel One’s Sites or otherwise, may allow you to submit and post comments, opinions or other content or information (“User Submissions”). Unless otherwise agreed, ownership rights in your User Submissions will be retained by you or your Institution or the original author or licensor, as the case may be; however, upon its submission or contribution, Channel One will receive an irrevocable, worldwide, non-exclusive, royalty-free, fully sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created, including but not limited to use on these Channel One’s Offerings in any manner. Even though you or your Institution may retain ownership rights in User Submissions, Channel One has no obligation to provide credit, attribution or authorship to you or to retain, archive, return and/or provide any tangible or intangible copies to you, of or in relation to your User Submissions.

b. You will be solely responsible for your own User Submissions and the consequences of posting them, and should you post a User Submission, you represent and warrant that you own or have the necessary rights to post and authorize us to use your User Submissions in the manner contemplated by Channel One’s Sites, Channel One’s Offerings, these Online Terms and Conditions and any rules, regulations or authorizations of your Institution.

c. Channel One does not endorse any User Submission or any opinion, recommendation, or advice that may be expressed. Accordingly, Channel One expressly disclaims any and all liability in connection with any and all User Submissions.

d. Notwithstanding anything to the contrary contained in these Online Terms and Conditions, we reserve the right to remove any Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason and without affecting the rights and licenses granted to us under these Online Terms and Conditions. No User Submission or other content that you may have access to or come into the possession of through your user or access of Channel One’s Offering(s) or any other product or service provided by Channel One shall be considered a “virtual good” or other property right of any kind and shall not be deemed to have any monetary or other tangible or intangible value.

e. We adhere to the Digital Millennium Copyright Act (“DMCA”), and thus reserve full right to remove, in our sole discretion and determination, any content about which we may receive a notice of infringement pursuant to the DMCA. To the extent any such content we remove is a User Submission by you, you may be liable for damages (including costs and attorneys’ fees). If you would like to contact us about any potentially or allegedly infringing content, please see here.

6. Restrictions on Use; Rules of Conduct

a. You may not use Channel One’s Sites or Channel One’s Offerings for any purpose that is unlawful or prohibited by these Online Terms and Conditions, or any other purpose not reasonably intended by Channel One.

b. You are not allowed to create a database, collection, arrangement or compilation comprising all or any portion of the materials appearing on Channel One’s Sites or acquired via access or use of any Channel One’s Offering(s). Without limiting the foregoing, without both Channel One’s and your Institution’s express prior approval in writing, you will not engage in any systematic extraction of data or data fields from Channel One’s Offerings even if your intention or purpose may not be to create a database collection, arrangement or compilation.

c. No data, content or other materials made available on any Channel One’s Site(s) or otherwise through use or access of any Channel One’s Offering(s) may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, other than for your Institution’s internal business purposes in accordance with the services subscribed to thereby. The foregoing does not limit your ability to use data, content or other materials (such as personal contact and related information) provided by you in your capacity as an individual user, you may use such information within the context of Channel One’s products and services for your own personal uses, subject to any obligations or limitations of authorization you may be subject to (including in respect of your School or your Institution).

d. You will not:

• decompile, disassemble or otherwise reverse engineer any media player, app or other software component of any Channel One’s Offerings, or use similar means to discover the source code or trade secrets therein, or otherwise circumvent any technological measure that controls access thereto;
• encumber, transfer, sublicense, distribute, reproduce, create derivative works of or otherwise modify any products or services made available through access to Channel One’s Offering;
• rent, lease, sell, assign or otherwise transfer rights in or to, or make available for timesharing, application service provider or service bureau use, Channel One’s Offerings in whole or in any part;
• use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of Channel One’s Offerings;
• disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party’s express consent; or
• knowingly permit any third party to do any of the foregoing.

e. You agree not to take any of the following actions in connection with your access to Channel One’s Sites or use of any Channel One’s Offerings: feature, submit, publish, describe, refer to or include any personal information, such as first and last name, address or other identifying characteristics or traits, about any individual without their express consent; notwithstanding anything to the contrary, you may not feature or include any personal information about any child under the age of 13, for any reason whatsoever; abuse, harass, threaten, impersonate or intimidate others, or post on Channel One’s Sites or via any Channel One’s Offerings, or transmit to other users via Channel One’s Sites or Channel One’s Offerings, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material; contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; engage in any activity intended to obtain password, account, or private information from any user; transmit unwanted email or other communications; submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; take any action that might impose an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of Channel One’s Sites or Channel One’s Offerings or any other activities conducted on Channel One’s Sites or via any Channel One’s Offerings; or bypass any measures we may use to prevent or restrict access to Channel One’s Sites or Channel One’s Offerings.

f. Notwithstanding anything to the contrary contained in these Online Terms and Conditions or any agreement involving Channel One and relating to the relevant Institution, no information submitted by you as an individual shall in any way be deemed to be privacy protected, confidential or proprietary, even if you expressly label such information to be private, personal, confidential or proprietary. Channel One has no privacy or confidentiality obligations to you in respect of such information to you personally or to any entity associated with your Institution or the School your child is enrolled at. Any information you may post or communicate using the functionality of any of Channel One’s Offerings or in public, broadcast, generally accessible or multi-recipient communication to Channel One or any party affiliated with Channel One will be deemed to be “known by the general public” and Channel One shall bear no fault, responsibility, obligation or liability therefor, even if Channel One’s Offering was used in part in relation thereto. (For Institutional Users Only: Any obligations Channel One may have in respect of any confidential information involving your Institution, if any, shall be governed by any relevant agreement, if any, to which Channel One and the relevant entity associated with the Institution may be party to.)

8. Ownership Rights. Client acknowledges that Channel One or one or more of its other affiliates (and its and their respective licensors and suppliers) own all right, title, and interest in (i) any and all Channel One’s Offerings, including without limitation any software and other intellectual property therein or provided in connection therewith; and (ii) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names used by Channel One in connection with providing the products and services under the Order Form. Channel One welcomes any suggestions on improving any Channel One’s Offering, but in making such suggestions, Client acknowledges and agrees that such suggestions will become the property of Channel One, and Channel One has no obligation to compensate Client for such suggestions. Client’s right to use Channel One’s Offering does not include a license to the underlying technology used to provide any Channel One’s Offering.

9. (For Institutional Users Only): Administration of Authorized Users. Your School or the Institution, and not Channel One, will be responsible and accountable for any decisions, actions and omissions in respect of granting or authorizing access to you, your School(s), educators, other employees and other users of any specially restricted offerings, if any, which may be offered to an Institution and to which the Institution elects to subscribe, pay for or otherwise make access available to you or your School, if and when the same becomes available. You understand and acknowledge that your access may bring you in contact with personal or other information about other users through your School or Institution’s account or subscription or usage history, and that failure to abide by the confidentiality and discretion appropriate for dealing with such information may result in liability of or enforcement against you personally and/or for your School or Institution.

10. WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

a. YOU AGREE THAT YOUR ACCESS AND USE OF CHANNEL ONE’S SITES AND CHANNEL ONE’S OFFERINGS SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES MADE AVAILABLE ON OR BY WAY OF CHANNEL ONE’S SITES AND/OR CHANNEL ONE’S OFFERINGS ARE PROVIDED TO YOU “AS IS.”

b. TO THE FULLEST EXTENT PERMITTED BY LAW, CHANNEL ONE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CHANNEL ONE’S SITES, CHANNEL ONE’S OFFERINGS, OUR OTHER PRODUCTS AND/OR SERVICES, AND YOUR USE OF ANY THEREOF.

c. CHANNEL ONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON CHANNEL ONE’S SITES, VIA CHANNEL ONE’S OFFERINGS, OR ANY SITES OR OTHER RESOURCES OR SERVICES ACCESSIBLE THEREBY OR THEREFROM, OR ANY OTHER REPORTING, INSIGHT, ANALYTICS OR ADVICE THAT YOU MAY RECEIVE FROM US, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CHANNEL ONE’S SITES OR CHANNEL ONE’S OFFERINGS, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH CHANNEL ONE’S SITES OR USE OF CHANNEL ONE’S OFFERINGS BY ANY THIRD PARTY.

d. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN ANY CONTENT FEATURED OR LINKED FROM CHANNEL ONE’S SITES OR VIA CHANNEL ONE’S OFFERINGS.

e. IN NO EVENT WILL CHANNEL ONE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR COSTS OF PROCURING ALTERNATIVE CONTENT OR PROGRAMMING) ARISING OUT OF OR IN CONNECTION WITH THESE ONLINE TERMS AND CONDITIONS, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CHANNEL ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CHANNEL ONE’S TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED DOLLARS.

f. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Change of Status; Termination.

a. Your access or use of all or any aspect of the services and/or products availed by Channel One including without limitation all or any aspects of Channel One’s Offerings, may be suspended or terminated by us at any time in our sole discretion. You may appeal our decision to terminate or suspend your access or use thereof by sending us an email to [email protected]. To the extent we terminate or suspend your access or use thereof, our sole obligation will be to consider such an appeal, and our decision on such appeal will be in our sole discretion and shall be final and binding, subject to any agreement we may have with your School or other entity affiliated with the relevant Institution (if applicable). All of your obligations (but not the benefits except as expressly provided herein) and Channel One’s rights provided in these Online Terms and Conditions shall survive any termination or suspension of your account or access/use rights.

b. (For Institutional Users Only) If your affiliation with your School or Institution changes, and/or your Institution terminates its or your access or account with us, you may reregister on your own behalf or, if applicable, Channel One may provide you with continued access based on your existing registration provided you update or modify your contact or other info that may relate to your former School or Institution promptly. In such event, you may only use Channel One’s Sites and/or those portions of Channel One’s Offerings to which you still have access solely for your own personal benefit or for the benefit of a new “Institution” you may become affiliated with. Until your account becomes affiliated with the account of a new or different “Institution,” and until such time, you will be subject to these Online Terms and Conditions as an individual, and may no longer have the benefits and protections of your former Institution or your former Institution’s agreement with Channel One. Your continued access to any content subscribed, paid or specially restricted to such former Institution will terminate upon your termination of employment or authorization, as managed by your Institution. If, for whatever reason, your access to such content of such former Institution is not terminated, due to inadvertence or other reasons, you agree to cease further use of such data or content for any purpose whatsoever, unless otherwise expressly authorized by such former Institution.

12. Miscellaneous

a. These Online Terms and Conditions shall be governed by the internal laws of the State of New York, without regard to conflicts of law principles.

b. These Online Terms and Conditions, together with the Website Terms of Use, Privacy Policy, and, if and as applicable, the Network Participation Agreement, and any other legal notices published by us on Channel One’s Sites or in other materials distributed in connection with any Channel One’s Sites or Channel One’s Offerings, constitute the entire agreement between you and us concerning your use of Channel One’s Sites and Channel One’s Offerings in your individual capacity. Access and use of Channel One’s Offering and Channel One’s Sites are or will be governed by additional other agreements between or among us and your Institution (or its affiliate) or other relevant parties.

c. If any provision of these Online Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Online Terms and Conditions, which shall remain in full force and effect.

d. No waiver of any term of these Online Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Online Terms and Conditions shall not constitute a waiver of such right or provision.

e. The services hereunder are offered by Channel One, LLC located at: www.channelone.com and email: [email protected]

Tags: c.j. kettler, channel one news, channel one news interactiv, channel one news interactive jr., website terms of use