Terms of Use

Dated as of Sept. 16th 2020

1. INTRODUCTION

These terms and conditions (the "Terms") govern the use by you of any of The Trademark Channel^tm products and services on www.thetrademarkchannel.com, an online entertainment and news site (the "Site"), operated by The Trademark Channel (“TTC”) as well as your general use of the Site. By using this Site, you accept and agree to be bound by these Terms and TTC’s privacy policy which are hereby incorporated by reference. This is a contract between you and TTC. You must read and agree to these Terms before using the Site. If you do not agree, you may not use the Site. These terms describe the limited basis on which the Site is available and supersede prior agreements or arrangements.

By using the Site, you signify your agreement to these Terms, including our privacy policy, whether or not you have read them.

TTC reserves the right to change or modify any of the terms and conditions contained in the Terms from time to time at any time, without notice, and at its sole discretion. If TTC decides to change these Terms, TTC will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms will be effective upon posting of the revisions (and whereby TTC will use commercially reasonable efforts to alert you of such revisions). Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. Please talk to your parents about what sites are appropriate for you.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

2. YOUR CONTENT

From time to time, TTC may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, TTC does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize TTC to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant TTC and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and TTC’s business, including, without limitation, for promoting the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that TTC may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site (for archival purposes). The above licenses granted by you in the Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TTC all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. TTC does not endorse any Content or any opinion, recommendation, or advice expressed therein. TTC expressly disclaims any and all liability in connection with Content. TTC is not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the Terms of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that TTC in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another’s computer.

TTC has the right, but not the obligation, to monitor, screen, post, remove, modify, store and review any Content or communications sent through the Site or its affiliated sites, at any time and for any reason, including to ensure that the Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users or third parties.

If your Content includes ideas, suggestions, documents or proposals to TTC through the Site or any interactive services (a) such Content is not confidential or proprietary and TTC has no obligation of confidentiality, express or implied, with respect thereto; (b) TTC may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from TTC under any circumstances unless you are otherwise notified by TTC in writing.

For any Content that you submit, as noted above, you grant TTC a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms and your use of the Site.

3. MOBILE SERVICES

If you access the Site via your mobile phone your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

4. THIRD PARTY CONTENT

TTC may provide content of third parties ("Third-Party Content") or links to third party sites as a service to those interested in this information. TTC does not monitor, approve or have any control over any Third-Party Content or the third-party sites and the inclusion of links to Third Party Content or third party sites does not imply any association or relationship between TTC and such third party. TTC does not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any third party site. TTC is not responsible for updating or reviewing Third Party Content or third-party sites. You use Third Party Content and third party sites at your own risk. Third Party Content, including comments from third party users submitted to TTC through the Site, do not necessarily reflect the views of TTC.

5. FORCE MAJEURE.

Notwithstanding any other provision of these Terms, if TTC is delayed or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary new materials through normal commercial channels, TTC will not be liable for damages resulting from such delay or prevention. TTC will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

6. INDEMNIFICATION

You shall defend, indemnify, and hold harmless TTC, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) any third party using your account or password, (ii) your use, handling, repackaging, storage and/or distribution of any services, (iii) breach of any provision of these Terms by you or any third party using your account or password; (iv) Content; and/or (vi) your use of the Site.

7. MODIFICATIONS

TTC may change, suspend or discontinue all or any aspect of the Site at any time, including, he availability of any information, without prior notice or liability. TTC reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

8. WARRANTY DISCLAIMER

TTC PROVIDES ALL INFORMATION AND DATA AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TTC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT.

9. LIMITATION OF LIABILITY

In no event will TTC be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site, even if TTC has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

 

10. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superseded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of TTC. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy or the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.

11. COPYRIGHT AND TRADEMARK

All contents of the Site are: Copyright 2019 by The Trademark Channel. “TTC”, “The Trademark Channel” the TMC logo are all trademarks of The Trademark Channel. Additionally, www.thetrademarkchannel.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of TTC and may not be used in connection with any product or service that is not offered by TTC in any manner that is likely to cause confusion among customers, or in any manner that disparages or TTC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

12. ADDRESS

The Trademark Channel

6695 Broadway, Merrillville, IN 46410

 

13. DMCA

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide TTC's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the Site; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Your name, address, telephone number and email address (if available); and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

TTC's DMCA designated (registered) copyright agent for notice of claims of copyright infringement on this Site is:

14. OTHER

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these terms or the Site that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Los Angeles, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

 

Class Action Waiver 

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

 

Construction.

The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.