Online Terms & Conditions
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.
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.
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@example.com. 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.
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.
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: firstname.lastname@example.org