By accessing, using, downloading, or visiting any channel PEAR "Service(s)", which includes the channel PEAR website, the channel PEAR web application, the channel PEAR software, the channel PEAR APIs, and any other products or materials provided by Jidly LLC., a Delaware Limited Liability Company, and its affiliates (together, "channel PEAR", "Jidly", "we", "us"), you agree to the terms ("Terms") listed in this agreement ("Agreement"). channel PEAR reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the channel PEAR website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.
channel PEAR is not intended to replace your cable or IPTV subscription and should not be used as such. channel PEAR is not a cable, satellite, IPTV, or OTA provider. channel PEAR requires user input by yourself to work. channel PEAR does not host or stream any content whatsoever. You are required to populate your own library and are responsible for the contents therein.
channel PEAR Software
channel PEAR grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by channel PEAR as part of the Services ("Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
You may not, or allow anyone else, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
You understand that channel PEAR or its licensors may modify or discontinue offering the Services at any time.
You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from channel PEAR, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.
This Agreement does not entitle you to any support, upgrades, patches, enhancements, or ﬁxes (collectively, "Support") for the Services. Any such Support for the Services that may be made available by channel PEAR, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Data provided by channel PEAR or other third party data providers may be delayed or unavailable as specified by channel PEAR or such third party data providers. channel PEAR does not verify any data provided by channel PEAR or other third party data providers and disclaims any obligation to do so. channel PEAR, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.
channel PEAR has no obligation to monitor User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by channel PEAR members, including, without limitation, any information obtained by using the Services. channel PEAR does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against channel PEAR with respect thereto.
User Submissions are defined by uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to channel PEAR.
You may not, or allow anyone else to, use any of the Services to do the following:
- Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
- Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
- Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or
- Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.
If the occurrence of any prohibited use comes to our attention, we reserve the right to disable any accounts associated with prohibited use or otherwise terminate your access to the Services.
channel PEAR respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, channel PEAR will respond expeditiously to claims of copyright infringement committed using the channel PEAR service that are reported to channel PEAR's Designated Copyright Agent identified at the following link: DMCA Guidelines
Subscription Cancellation Policy
To cancel an active channel PEAR Premium subscription, you are REQUIRED to manually cancel it from your premium account dashboard at channelpear.com/premium/. Subscriptions are automatically recurring by default and will continue to charge your card on file until the card expires or you manually cancel your subscription.
Subscription Refund Policy
All payments made towards a channel PEAR Premium subscription are NON-REFUNDABLE. This includes payments made with major credit cards, debit cards, gift cards, and Bitcoins.
Due to the nature of the Bitcoin network, once you initiate a Bitcoin transaction you cannot change or cancel it. Once a Bitcoin transaction is submitted to the Bitcoin network, it may take an hour or longer for the Bitcoin network to fully verify the transaction. A transaction is not complete until it is fully verified.
You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to channel PEAR (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as images of you or images otherwise associated with your account. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.
The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; channel PEAR is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.
You understand that channel PEAR may delete any content that you post in or contribute to a message forum or similar service that channel PEAR hosts, in its sole discretion, for any reason.
Content of Others
You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.
You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. channel PEAR does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and channel PEAR does not guarantee the accuracy, integrity or quality of such content.
You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Developers and Interfacing Software
"Interfacing Software" means any software that you obtain or provide and that accesses or calls any Software provided by channel PEAR as part of the Services including, but not limited to, plug-ins for the Services, APIs, metadata agents, and client applications that communicate directly or indirectly with the Services.
By making, or assisting others in making, Interfacing Software, you agree to the following terms:
- You grant channel PEAR and its affiliates worldwide a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting and linking to), copy, publicly perform, publicly display, reproduce in copies for distribution, and distribute the copies of any Interfacing Software made by you or with your assistance.
- You shall protect the privacy and legal rights of channel PEAR users. If the users provide, or the Interfacing Software accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that such information will be available to the Interfacing Software, and you must provide privacy notices and protection for those users in compliance with applicable law. Further, the Interfacing Software may use that information only for the limited purposes for which the user has given you permission to do so. If the Interfacing Software stores personally identifying information of users or information that a reasonable user would consider to be sensitive, then the Interfacing Software must do so securely and only for as long as it is needed. However, if the user has opted or entered into a separate agreement with you that allows you or the Interfacing Software to store or use personally identifying information of users or information that a reasonable user would consider to be sensitive, then the terms of that separate agreement will govern your use of such information. If the user provides the Interfacing Software with channel PEAR account information, the Interfacing Software may only use that information to access the user's channel PEAR account when, and for the limited purposes for which, the user has given you permission to do so.
Prohibited Uses. channel PEAR prohibits performing certain actions using the Interfacing Software. You shall not make, or assist others in making, any Interfacing Software that:
- Knowingly violates a third party's terms of service;
- Violates any applicable laws or regulations;
- Interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, hardware. devices, servers, networks, data, or other properties or services of any other party including, but not limited to, channel PEAR users, channel PEAR or any network operator;
- Posts misleading information about an application's purpose;
- Infringes on the intellectual property rights of others; or
- Performs any other prohibited action listed under "Acceptable Use" above.
- You will require your end users to comply with any applicable law and these Terms. You will not knowingly enable your end users to violate applicable law or these Terms.
You shall indemnify and hold harmless channel PEAR and its officers, directors, employees, contractors, licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from any use of the Interfacing Software or from channel PEAR's distribution of the Interfacing Software.
While channel PEAR does distribute products that may be used by children, the Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. channel PEAR and its contributors may not provide controls that restrict the maturity level of content available via channel PEAR and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any children whom the account owner permits to use the channel PEAR service or a sub-account.
channel PEAR SERVICES ARE PROVIDED "AS IS". channel PEAR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND channel PEAR EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE channel PEAR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, channel PEAR DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT channel PEAR SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO channel PEAR'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that channel PEAR and its officers, directors, employees, and contractors are not responsible for any fault, inaccuracy, error, omission, delay or any other failure of your equipment and/or services caused by channel PEAR's hardware, software, cabling, network services, or the like, or arising from channel PEAR's use of such equipment and/or services. The above disclaimer of warranty applies to software developed by channel PEAR and any software developed by a third party and provided by channel PEAR including, but not limited to, Interfacing Software developed by any channel PEAR user.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL channel PEAR BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. channel PEAR'S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO channel PEAR (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE channel PEAR'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO channel PEAR'S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The above limitations and exclusions apply to software developed by channel PEAR and any software developed by a third party and provided by channel PEAR including, but not limited to, Interfacing Software developed by channel PEAR user.
This website and other Services may provide links to websites, software, or other materials provided by third parties. channel PEAR does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. channel PEAR is not liable for any harm caused by any such materials.
"Malware" means any known, discovered, envisioned, or invented, or any yet to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, or any other harmful, harassing, or malicious software; or (ii) method, use, or means by which any software, firmware, equipment, device, communications medium, person, entity, or the like directly or indirectly engages in or is used for: (a) any unauthorized access; (b) any unauthorized communication; or (c) any cracks, hacks, exploits, or other activity, method, use, or means, that may cause harassment, harm, data loss, data theft, loss of communication, loss of privacy, or the like. You acknowledge that the Internet, Internet service providers, shared or dedicated telecommunication lines, wireless access points and wireless networks, other forms of communication, online resources including websites and cloud computing environments, or other means that you use to connect to the Software may not be secure and may be vulnerable to attack by third parties, and that it is possible to receive Malware by using the Internet, dedicated lines, other forms of communication, or other means. In order to protect the Software, you shall regularly obtain, use, and update appropriate third party software or other means to protect yourself from Malware and to detect and remove Malware that may be downloaded using the Internet, dedicated lines, other forms of communication, or other means. channel PEAR does not warrant that the Software will be free of Malware including, but not limited to, Malware that is introduced by third parties, the Internet, dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that channel PEAR and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless channel PEAR and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the channel PEAR Services as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys' fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by channel PEAR or any third party.
Termination of Services
channel PEAR may at any time, with or without cause and with or without prior notice, immediately terminate or suspend your channel PEAR account or otherwise terminate or suspend your access to all or a portion of the Services. Cause for such termination may include: (a) violations of the Terms or any other policies or guidelines that are referenced herein; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where providing the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by channel PEAR in its sole discretion and channel PEAR will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.
This Agreement does not give you any rights not expressly and unambiguously granted herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind channel PEAR in any respect whatsoever.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable, or sublicensable by you except with channel PEAR's prior written consent. channel PEAR may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
channel PEAR's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, but without limiting channel PEAR's right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Santa Clara County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees from the other party. A separate written license agreement or order and signed by channel PEAR and you or your company, employer, or principal may state other terms and conditions that apply to you, including terms relating to price, payment, delivery, confidential information, support services, and the like. You are solely responsible to review such terms or conditions with your company, employer or principal. In the event of any conflict in terms, the terms of the separate license agreement shall supersede the terms of this Agreement.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.