PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND Channel Eight HOLDINGS, INC., PARENT COMPANY OF Channel Eight CORPORATION ("Channel Eight"). By using the Channel Eight web site ("Site") and/or downloading any content or activating your account on the Community Pages (as defined below), you agree to be bound by and comply with this Site Usage Agreement ("Agreement"). If you do not wish to be bound by this Agreement, do not use this Site.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement applies to you, and if you are using this Site on your employer's behalf, to you and your employer. Channel Eight reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented there to.
This Agreement is in addition to your obligations under the applicable Channel Eight Content License Agreement (if any). In the event of any conflict between this Agreement and the Channel Eight Content License Agreement, the Channel Eight Content License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Customer Service by e-mail at service@Channel Eight.com.
This Site is owned and operated by Channel Eight. All images, audio, video and related informational materials in any medium furnished by Channel Eight hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by Channel Eight or our licensors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable Channel Eight' Content License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Channel Eight.
FOR THE PROTECTION OF Channel Eight AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM Channel Eight AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT SYSTEMS (RMS))". If you do not consent to Channel Eight' use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by Channel Eight in writing, you may not:
Your use of this Site and any Content shall comply with all applicable law. Channel Eight reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Channel Eight. Channel Eight may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Channel Eight. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and Channel Eight provides no warranty or guarantee that Content you have licensed will be available from the Site.
Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle Channel Eight to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Channel Eight in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties Channel Eight may be entitled to under this Agreement, any applicable Channel Eight Content License Agreement and applicable law. The foregoing is not a limiting statement of Channel Eight' or its Content sources' rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or Channel Eight Content License Agreement.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Channel Eight. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
Channel Eight' Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult Channel Eight' Privacy Policy for specific information on Channel Eight policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.
Please note that if you use Channel Eight' Community Pages, including blogs and discussion threads described further below, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these pages. You may, at any time, request access to, correct and delete personal information about you stored by Channel Eight with respect to these Community Pages by contacting us directly.
Registration with Channel Eight grants you certain privileges. For example, if you have registered for a Channel Eight account and Channel Eight has approved your registration, you may be able to access Content without a visible watermark. In applying for a Channel Eight account, you agree to furnish true and accurate information. Channel Eight reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by Channel Eight. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Channel Eight of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Channel Eight of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Channel Eight, and that Channel Eight is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.
If you suspect you are being impersonated, contact us immediately. Channel Eight reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Channel Eight and its members.
Channel Eight cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Channel Eight account or Site or related services.
Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Conditioned on your compliance with this Agreement, Channel Eight grants you a limited license to download Content consisting of images solely for evaluating whether you wish to purchase a license to the image according to Channel Eight Content License Agreement applicable to your use ("Comps"). If you are not a registered user, your Comp license covers only visibly watermarked Content, and does not entitle you to download Content which does not contain a visible watermark. You may use Comps solely for your internal evaluation and for no longer than sixty (60) days from the date of download solely to determine whether you intend to obtain a non-Comp license for the Content. You may not use a Comp image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. Except for this limited, internal testing and sample use, Channel Eight grants you no other rights, and you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the comp outside the scope of this Agreement. To access images without a visible watermark, you must register for a Channel Eight account.
Channel Eight may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Channel Eight Content License Agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at Channel Eight' request, return all such copies to Channel Eight.
You may not use the trademarks or service marks of Channel Eight without Channel Eight' prior written consent. "Channel Eight," "Channel Eight Motion," "Veer," "GreenLight," the VEER logo, and the Channel Eight logo, among others, are trademarks of Channel Eight Holdings, Inc., or one of its subsidiaries. Other product and company names mentioned on the Site are trademarks of their respective owners.
You agree to indemnify and hold harmless Channel Eight and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to:
Channel Eight PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK.
Channel Eight MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, Channel Eight MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER Channel Eight NOR ANY Channel Eight SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
Channel Eight, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF Channel Eight, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF Channel Eight IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH Channel Eight TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND Channel Eight MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. Channel Eight ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO Channel Eight, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND Channel Eight.
Channel Eight, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO Channel Eight IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT Channel Eight' PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL Channel Eight' TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED $500.00.
As a convenience, our Site may link to other sites that may be of interest to you but are not under Channel Eight' control. These links do not imply endorsement by Channel Eight and we are not responsible for the availability of or the content contained in any linked site.
Channel Eight may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Channel Eight' copyright agent a notice containing:
Channel Eight' copyright agent for notice of claims of copyright infringement can be reached as follows:
Channel Eight Copyright Agent
710 Second Avenue, Suite 200
Seattle, WA 98104
By phone: 206.373.6000
By fax: 206.373.6100
Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between Channel Eight and you, Channel Eight shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with Channel Eight' Privacy Policy, the terms for the Community Pages (if separately agreed to), and the Channel Eight Content License Agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of Channel Eight, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Channel Eight, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Channel Eight. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Channel Eight' prior written consent.
The Site may contain chat rooms, discussion forums, bulletin boards, review services or other forums in which you or third parties may post Content, messages, materials or other items on the Site ("Community Pages").
If Channel Eight provides such Community Pages, You are solely responsible for your use of such Community Pages and use them at your own risk. You agree that all the information posted or accessed will be used only for your individual personal purposes. You will not make any other unauthorized use of this Site, or any interactive features available on this Site. You agree that you are responsible for your own use of the Site, for any Content you upload, and for any consequences thereof.
Channel Eight may require you to furnish additional information or agree to additional terms before permitting you to access certain features of the Site you agree to access the authorized sections of the Site and your account only by using the account information and password supplied to you by Channel Eight. You acknowledge that your user name may be displayed on the Site in connection with any content you submit.
For use of Community Pages, Channel Eight will enable registered users to create a community profile of themselves, including interests and favorites. Please note that if you delete your profile, all Content you submit ("User Content"), including work and information created by that user may be deleted.
You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content and User Content are provided by third parties and that Channel Eight cannot control such Content.
The following constitute violations of this Agreement and may result in immediate termination or suspension of your account:
You agree that you will not attempt to enter restricted areas of Channel Eight' computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Channel Eight may, without notice, temporarily or permanently suspend your access to the Site and the Content by deactivating your account or password if Channel Eight reasonably suspects that you are using the account or password to obtain unauthorized access to Channel Eight' other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Channel Eight may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
This Agreement is effective until terminated by Channel Eight, in its sole and absolute discretion. Channel Eight may terminate this Agreement with or without notice to you and will do so if you use or attempt to use the Site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by Channel Eight shall be in addition to and without prejudice to such rights and remedies as may be available to Channel Eight, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate. The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Choice of Law provisions of this Agreement shall survive the termination or expiry of this Agreement.
The Site is controlled, operated, and administered by Channel Eight from its offices within the United States of America. The Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that Channel Eight intends to market, promote, or distribute such Content, including products and services, in your country. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.