Terms of Use
CHANNEL99 TERMS OF USE
Last updated: April, 2024
These Terms of Use (“Terms of Use”) govern your use of the website provided by Channel99, Inc. (“C99”, the “Company”, “we”, “our”) at https://www.channel99.com or any successor website thereto, including, without limitation, any browser-based functionality or access facilitated through or on such website (the “Site”), as well as the C99 mobile application (the “Mobile App”) made available by C99, and these Terms of Use constitute a binding agreement between you and the Company. The terms “you” and “your” refer to the user of the Service accepting these terms through use of the Service. If your use of the Service is on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such legal entity to these Terms of Use in connection with your use of the Service.
The functionality made available via the Site and the Mobile App (and, where applicable, the relevant components thereof) are collectively referred to as the “Service”. By using any aspects off the Service, you agree to be bound by these Terms of Use. Additionally, when using any particular component(s) of the Service, you agree to be subject to any posted guidelines or rules applicable to such Service which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use and constitute part of this agreement. C99 may also offer other services that are governed by different terms of use or service. In such cases the other terms of use or service will be posted on the relevant site or service to which they apply. We may update or change these Terms of Use from time to time with or without notice to you, and it is your responsibility to check back often and monitor any such changes and to discontinue use of the Service if you do not agree with the then applicable Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE, MOBILE APP, OR ANY OTHER ASPECT OF THE SERVICE. Your use of the Service constitutes agreement to these Terms of Use and your continued use of the Service after the Company changes these Terms of Use shall constitute your assent to the updated Terms of Use. Use of the Service is also subject to Company’s Privacy Policy available at the following link: https://www.channel99.com/privacy-policy. Your acceptance of these Terms of Use constitutes acceptance of our Privacy Policy.
This Service is operated by Channel99, Inc. in California, USA, and data processed by the Service is stored in the United States. Our service network architecture can result in the transmission of interstate communications, regardless of where you are physically located, and therefore your use of the service may result in interstate data transmissions. If you access the Service from locations other than the United States, you are responsible for compliance with any applicable local laws, including but not limited to laws applicable to data transmissions. As further set forth in our Privacy Policy, we do not sell your Personal Information, and we comply with applicable privacy laws and regulations in our processing of your data.
LIMITED USE
On the express condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, non-assignable, non-transferrable, non-sublicensable right to (a) access and use the Site and the related functionality made available therein and (b) install and use the Mobile App on compatible devices, subject in each case to the terms of any separate subscription agreement or other agreement entered between you and C99.
RESTRICTIONS ON USE AND OWNERSHIP
The content contained on the Site and the Mobile App are owned by the Company and/or its licensors and are protected by copyright and other laws. Except as stated herein, such content may not be reproduced, re-used, modified, displayed or distributed by you without C99’s prior written consent. You may not modify the content on the Site or Mobile App, and you may not use such content for any purpose other than personal or internal business use. Your breach of the foregoing will automatically terminate your right to use the content on the Site or Mobile App. We reserve all rights not expressly granted herein.
The use of scraping, spidering, crawling or other technology or software to access the Service without our express written consent and any other use of the Service except as expressly authorized herein, without the prior written permission of Company, is strictly prohibited and will automatically terminate your rights granted herein. You further agree that you will not use, download, upload, reproduce, copy, duplicate, print, sell, publish, distribute, license, transmit, disseminate, perform, display, post, broadcast, create new works from or derivative works based on, reformat, rearrange or modify any information on the Service or incorporate any of the foregoing in any other database or compilation available to the public or any third party, including any online or offline publication, except with C99’s prior written permission. When using the Service you represent warrant and covenant not to: (a) restrict, inhibit or otherwise interfere with any other user’s use, including, without limitation, by means of “hacking” or defacing any portion of the Service or otherwise impairing or overburdening them; (b) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service; (c) “frame” or “mirror” any part of the Service; (d) use any robot, spider, site search/retrieval application, or other manual process or automatic device or application or extraction tool to access, monitor, copy, use, download, retrieve, index, extract, scrape, data mine, interact, overload, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest or collect email addresses or other contact and personal information of users; (f) send any unsolicited or unauthorized advertisements, spam, chain letters, or other communications to other users; (g) upload or transmit any content that contains or embodies a software virus, worm, cancelbot, Trojan horse or other harmful, contaminating or destructive feature, computer code, file or program; or (h) violate any applicable local, state, national or international law, rule, regulation or order of any court.
All trademarks, service marks, trade names, logos and product names of C99 used on the Site or Mobile App are trademarks or registered trademarks of Channel99, Inc. in the U.S. and other countries. All other company, brand and product names are trademarks or registered trademarks of their respective holders. You are not permitted to use these marks without the prior written consent of C99 or such third-party owner.
BENCHMARKING AND RELATED DATA USAGE; THIRD-PARTY PERMISSIONS
The Service uses website tags (“Tags”) applied to your websites registered in connection with your use of the Service (“Subject Sites”) to collect data relating to the use and traffic activity of Subject Sites (“Traffic Data”) in order to perform benchmarking analytics and related analysis, including to facilitate the creation of aggregate benchmark analyses. In connection with our Tags applied to Subject Sites, we receive information on referring sources, pages viewed, IP address, and related information. We process Traffic Data, including by combining the Traffic Data, in aggregate and/or deidentified form, with additional data to infer additional information related to the Subject Site visits in order to (1) provide the user operating the Subject Site with information on site visits, and (2) generate averages, rankings, and related benchmarking analysis for various marketing channels and vendors associated with those channels to provide and improve our services. WE DO NOT make available to third parties the domain names of your Subject Site, individualized user data, or your Company associated with the Traffic Data we receive. C99’s use of data we receive is described in further detail in our Privacy Policy (https://www.channel99.com/privacy-policy).
By using the Service, you agree to our use of Tags with respect to the Subject Sites and to our receipt and use of the Traffic Data that we receive from Tags applied to your Subject Sites. Additionally, you represent and warrant that you have obtained, and will continue to obtain throughout your use of the Service, all permissions from third-party users of your Subject Sites necessary to provide C99 with the right to use Traffic Data from your Subject Site(s) as described herein, including, to the full extent required by applicable law, by providing notice of your use of the Service in connection with the Subject Sites in written privacy policies applicable to all Subject Sites.
Google Ads Integration: C99’s use and transfer of information received from Google’s API’s will comply with Google API Services User Data Policy, including the Limited Use requirements. Furthermore, C99 does not share any user data with third-party AI platforms.
DISCLAIMERS
The content on the Service may contain technical inaccuracies and are not intended to amount to advice in any way. Company specifically disclaims all liability and responsibility arising from any reliance placed on the content of the Service by any user of the Service, or by anyone who may be informed of any of its contents.
Company may make corrections or other changes to the content of the Service, Company’s products, programs and services at any time or discontinue any products, programs, or services without notice.
Company is not responsible for content posted by you or other parties, and the Company does not guarantee the accuracy or correctness of any such information presented.
FEEDBACK
We welcome ideas, suggestions and feedback related to the Service and any other aspects of our business (“Feedback”), whether through its suggestion/feedback pages on the Service, via email or messaging system, directly to Company representatives, or otherwise. Providing Feedback is entirely voluntary. If you provide Feedback then you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Company shall be entitled, in its sole discretion, to use, disclose or exploit (or choose not to use, disclose or exploit) such Feedback for any purpose, in any way and manner, in any media worldwide, now existing or hereafter devised; (d) Company may already have considered or may already be developing something same or similar to the Feedback; (e) you hereby irrevocably assign to Company all right, title and interest in and to your Feedback; and (f) you are not entitled to any compensation, reimbursement or accounting of any kind from Company under any circumstances whatsoever.
YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE CONTENTS ARE PROVIDED “AS IS”. C99 MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THESE CONTENTS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. We do not warrant that the Service will be uninterrupted or error free, that defects will be corrected or that the Service or the server that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
IN NO EVENT SHALL C99 BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, RESULTING FROM USE OF THIS SITE OR THE MATERIALS, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you become dissatisfied in any way with the Service, your sole and exclusive remedy is to stop using the Service. Some states may not allow disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability are found to be invalid or unenforceable for any reason, then Company’s total aggregate liability arising out of or related to your use of the Service shall not exceed the greater of (i) one hundred dollars ($100) and (ii) any amounts paid by you to C99 for access to the Service during the 12 months prior to the event giving rise to such liability. The foregoing disclaimers apply to the maximum extent permitted by applicable law.
INDEMNIFICATION
Except as set forth otherwise in a separate written agreement between you and C99, you agree to indemnify C99 and the officers, directors, agents, and employees of C99 (collectively, the “C99 Indemnified Parties”), from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) any use or disclosure by you of the Service in violation of this Agreement, (b) any assertion that the Traffic Data as provided to C99 and/or the provision of such Traffic Data to C99 as authorized by these Terms of Use violates any third party intellectual property or privacy rights, and (c) you violation of these Terms of Use or applicable law in the use of the Service. Further, you agree to indemnify the C99 Indemnified Parties against any damages actually awarded or paid in connection therewith, including any reasonable attorneys’ fees.
THIRD-PARTY SITES
All links to other sites or resources of third parties are provided for informational purposes only. Company is not liable for any loss or damage that might arise from your link to or use of such third party sites. The inclusion of any link in part of the Service does not imply endorsement by Company of any linked site, products or services. Further, Company does not provide any representation or warranty regarding any third-party products or services listed on the Company site.
ACCOUNT, PASSWORDS, SECURITY
If, as a condition to your use of any portion of the Service you receive a password or account designation upon completing a registration process, you acknowledge and agree that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.
Further, if you are accessing any password protected portion of the Site and/or the Mobile App as a subscriber or authorized user under a subscription agreement with the Company, then in the event of any inconsistency between the terms of your subscription agreement with Company and these Terms of Use, the terms in your subscription agreement shall control with respect to your access and use of such password protected portions of the Service.
TERMINATION
Company may, at any time and in its sole discretion, for any or no reason and without prior notice to you, terminate your access to and use of the Service subject solely, if applicable, to the terms of any separate written agreement between you and Company. Causes for such termination shall include, but are not limited to: (a) breaches or violations of these Terms of Use or other agreements, policies or guidelines; (b) termination of any applicable agreement between you and C99 providing access to the Service, (c) requests by law enforcement or other government or regulatory authorities, or (d) violation of copyrights or other intellectual property rights. Termination of this agreement includes disabling your access to the Service. All sections of these Terms of Use which by their nature survive termination shall continue in full force and effect beyond any termination of the Terms of Use, including, without limitation, all provisions which relate to disclaimers, limitation of liability, waiver and indemnification. Removing the Mobile App from any particular device will not automatically terminate your account with the Service or our ability to receive data through any Tags still active on your Subject Sites; to terminate the Service with respect to your Subject Sites, please contact us at [email protected]
GENERAL TERMS
No employee, contractor, or other party is authorized to make exceptions to these Terms of Use nor to the Privacy Policy; only Company through an authorized signatory may change these Terms of Use or the Privacy Policy. If you believe that any content or intellectual property of yours has been copied or violated in any way, please contact us immediately, including providing your contact information, a description of the works that you claim have been infringed or are infringing and a statement by you under penalty of perjury, that you have a good faith belief that the disputed use is not authorized and you have authority to enforce the rights that are claimed to be infringed. These Terms of Use are governed by the laws of the State of California, without regard to its conflict of law provisions. Any claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use and any use of the Service shall be brought exclusively in the courts located in the County of San Francisco, California and you waive any and all objections to jurisdiction by such courts. Failure of Company to enforce a right under these Terms of Use shall not act as a waiver of that right or provision. If any provision of these Terms of Use shall be found by a court to be void, invalid or unenforceable, the same shall be reformed if possible to give effect to the parties’ intentions and to comply with applicable law or stricken if not so conformable, and all other provisions of these Terms of Use shall remain in full force and effect. These Terms of Use operate to the fullest extent permissible by applicable law. These Terms of Use, the Privacy Policy and any other policies or agreements expressly referenced herein, constitute the entire agreement between you and Company with regard to your use of the Service, and any and all other written or oral agreements, proposals or understandings previously existing between you and Company with respect to your use of the Service are hereby superseded and canceled. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. We may freely assign these Terms of Use and our rights and obligations hereunder without restriction. Nothing in these Terms of Use or any action by either party shall be interpreted as creating an agency or partnership relationship.
CONTACT US
