These Terms of Use were last updated on March 30, 2020
The Green Channel
Welcome to
www.thegreenchannel.tv (the
"Green Channel Site"). The Green Channel Inc. and/or its affiliates (
"The Green Channel"), provide Green Channel Site and mobile application features and other products and services to you when you visit the Green Channel Site or use The Green Channel's mobile applications. For certainty, all reference to the Green Channel Site includes accessing
www.thegreenchannel.tv through your web browser, or through the mobile application platform.
These terms and conditions of use (the
"Terms of Use") for the Green Channel Site constitute a legal agreement and are entered into by and between you and The Green Channel Inc. (
"Company", "we", "us", "our"). The Terms of Use, together with any documents and/or additional terms they expressly incorporate by reference, including without limitation the Privacy Policy found at
https://backend.thegreenchannel.tv/privacy-policy govern your access to the Green Channel Site including, any content, functionality, and services offered on or through the Green Channel Site.
For certainty, the following terms are defined as follows:
- "the Green Channel service," "our service" or "the service" means the service provided by The Green Channel, including but not limited to discovering and watching content, streaming, and accessing all features, functionalities, websites, mobile services, data feeds, user interfaces, products, or any other services offered by The Green Channel to you from time to time;
- “content” means all movies, television shows, other audiovisual work, images, descriptions, trademarks, copyrighted works, and all other intellectual property featured on the Green Channel Site, whether owned by The Green Channel or by a third party and licensed to The Green Channel.
By accessing, using, visiting, or browsing the Green Channel Site and the service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access the Green Channel Site or the service.
Changes to Terms of Use and to the Green Channel Site
We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to, and continued use of, the Green Channel Site. You agree to periodically review these Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The Green Channel Site may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable, for any reason, if all or any part of the Green Channel Site is restricted to users or unavailable at any time or for any period.
Your Use of the Green Channel Site and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Green Channel Site. Users are required to ensure that all persons who access the Green Channel Site through a user's internet connection are aware of these Terms of Use and comply with them. The Green Channel Site, and the contents thereof, may require user registration. It is a condition of your use of the Green Channel Site that all the information you provide on the Green Channel Site is correct, current, and complete.
You acknowledge and agree that the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Green Channel Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Green Channel Site.
Your provision of registration information and any submissions you make to the Green Channel Site through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and [other such functions (collectively,
"Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion, for any reason, including any violation of any provision of these Terms of Use.
You are prohibited from attempting to circumvent and from violating the security of this Green Channel Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Green Channel Site owner's ability to monitor the Green Channel Site; (f) using any robot, spider, or other automatic device, process, or means to access the Green Channel Site for any purpose, including monitoring or copying any of the material on the Green Channel Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Green Channel Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Green Channel Site.
Communication Preferences
By using the service, you consent to receiving electronic communications from The Green Channel relating to your user account. Such communications shall include, without limitation, sending emails to your personal email address, posting communications on the Green Channel Site or in your account page on the Green Channel Site to communicate the following, without limitation: payment authorizations, payment method, changes of password, confirmation e-mails, and other transactional information, newsletters, special offers, promotional announcements and customer surveys. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal notice requirements, in writing or otherwise.
Membership
To use the service, you must provide us with a current, valid, accepted method of payment (the
"Payment Method"), as such may be updated from time to time. Your membership with The Green Channel will continue on a monthly basis until cancelled by you and will be billed to your Payment Method unless and until your membership is terminated by yourself or The Green Channel.
The Green Channel offers the following subscription options:
- 1. $9.99 Canadian dollars per month (the "Membership Fee") for subscribers in Canada. If you subscribe to our site through an app or our website, your rate will automatically be converted to your currency and based on the exchange rate at the time of your purchase.
- 2. $4.99 Canadian dollars per month (the "Membership Fee") for subscribers in Canada during the promotional period December 1st to December 31st, 2021. If you subscribe to our site through an app or our website, your rate will automatically be converted to your currency and based on the exchange rate at the time of your purchase.
You acknowledge and agree that we may change our Membership Fee or subscription plans from time to time; however; any price changes or changes to your subscription plan will apply to subsequent billing cycles following notice of the change(s) to you.
Billing
You hereby authorize us to charge you the monthly fee upon a) starting a Green Channel membership, b) providing or designating a Payment Method.
The Membership Fee for the service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated when you become a member.
Price Changes
We reserve the right to adjust the membership fee in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to the membership fee will take effect following email notice to you, unless and except otherwise expressly provided for in these Terms of Use.
Billing Cycle
The membership fee for the service will be billed monthly corresponding to the day you started your membership. We reserve the right to change the timing of our billing. Your renewal date may change due to changes in our service. We may choose, for example, to prorate a partial month to align your subscription with the first of the month or to align with your previous sign up date. As used in these Terms of Use, “billed”, “bill”, or "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. The payment will show as from The Green Channel Inc. on your statements.
No Refunds
Once you have subscribed, your subscription will continue monthly unless cancelled by yourself or The Green Channel. Monthly payments are non-refundable and there are no refunds or credits for partially used periods.
Payment Methods
The Green Channel uses Stripe to process payments. If there are any discrepancies in your billing, please contact us to resolve any issues. If a payment of the membership fee is not properly received by us due to any deficiency with respect to the Payment Method, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated by you to cure such deficiencies.
Green Channel Service
By accessing or using the Green Channel Site or the service, you represent and warrant that you are 18 years of age or older. You must not access the Green Channel Site or the service if you are under 18 years of age.
License
The Green Channel service and any content viewed through the Green Channel Site or the service are for your personal and non-commercial use only. To the extent you are a member or subscriber of our service, we grant you a limited, non-exclusive, non-transferable, license to access the service and view the content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances of any kind. You must only view the content in geographic locations where we offer our service and have a license for the territory to stream such content. The content that may be available to watch will vary by geographic location, subject to our content licenses with third parties. We reserve the right in our sole discretion to make changes from time to time and without notice in how we offer and operate our service. The availability of content to watch will change from time to time.
Intellectual Property Rights and Ownership
Without limiting the generality of the foregoing, you understand and agree that The Green Channel Site and its entire contents, features, and functionality, including but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, The Green Channel, its logos, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates and licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Green Channel Site are trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Claims of Copyright Infringement
It is the policy of The Green Channel to respond to claims of intellectual property infringement. The Green Channel will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed intellectual property infringement should be sent to info@thegreenchannel.tv.
Restrictions
You agree to use the Green Channel Site and the service in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content on the Green Channel Site. You shall not archive, download (caching excepted), reproduce, distribute, modify, display, perform, publish, license, create derivative works from or otherwise infringe on, offer for sale, or use (except as explicitly stated herein) the content and information contained on or obtained from or through the Green Channel Site and the service. Further, you shall not: 1) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the service or the Green Channel Site; 2) use any robot, spider, scraper or other automated means to access the service or the Green Channel Site; 3) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Green Channel Site or service; 4) insert any code or product or manipulate the content of the service or Green Channel Site in any way; 5) use any data mining, data gathering or extraction method; or 6) upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with The Green Channel service, including any software viruses or any other computer code, files or programs.
The Green Channel makes no representations or warranties about the quality of your watching experience on your display.
The Green Channel streaming software is developed by, or for, The Green Channel and is designed to enable streaming of content from the Green Channel Site or service through certain devices. By using the service or the Green Channel Site, you acknowledge and agree to receive, without further notice or prompting, updated versions of The Green Channel service and related third-party software. If you do not accept the foregoing terms, do not use our service or the Green Channel Site. We do not take responsibility or otherwise warrant the performance of any electronic devices, including the continuing compatibility with your device. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with The Green Channel service.
We may terminate or restrict your use of our service (in our own and absolute discretion), without compensation or notice if you are, or if we suspect that you are, (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service or the Green Channel Site.
Passwords & Account Access
Membership for our service requires that we collect certain registration data from you. In consideration of your use of the service, you agree to provide true, accurate, current and complete information about yourself where required and as prompted by the membership registration form (such information being the
"Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your membership and refuse any and all current or future use of the service (or any portion thereof). Where you are required to create a password and account to access the service, 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 immediately notify The Green Channel of any unauthorized use of your password or account or any other breach of security; and ensure that you exit from your account at the end of each session. The Green Channel cannot and will not be liable for any loss or damage arising from your failure to comply with this section. The Green Channel reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
No Reliance
The content on our Green Channel Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. you must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content of the Green Channel Site.
Disclaimers of Warranties and Limitations on Liability
Subject to applicable law, in no event shall The Green Channel, its officers, directors, employees, agents, contractors, licensors, or their respective successors and assigns (collectively, the
“Green Channel-related parties”), be liable for any special, indirect, incidental, consequential, exemplary, or punitive damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data, lost use, lost opportunities, lost profits, loss of goodwill, damage to property, third party claims, or any other economic loss, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if a Green Channel-related party knew of or ought to have known of the possibility of such damages.
In no event shall The Green Channel-related parties’ aggregate and collective liability to you or any third party respecting any matter arising from, relating to or connected with the Green Channel Site, the service or these Terms of Use, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceed the total amounts that you have paid to The Green Channel, if any, even if a Green Channel-related party has been advised or ought to have known of the possibility of such damages.
In no event shall any Green Channel-related party be liable for any loss or damage arising from the failure of a Green Channel-related party or your failure to protect your username, password or account information.
The Green Channel-related parties expressly disclaim any and all liability for the acts, omissions or conduct of any third-party user, service provider, advertiser or sponsor of the Green Channel Site or the service (collectively, “third party users”). Under no circumstances shall any Green Channel-related party be liable for any injury, loss, damage (including special, indirect, incidental, consequential, exemplary and punitive damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any site or service linked to or from the Green Channel Site or the service. If you decide to access or use any linked site or content, materials, software, goods or services from a web site linked to the Green Channel Site, you do so entirely at your own risk.
You hereby release each Green Channel-related party from any damages that you incur, and agree not to assert any claims against them, arising from your purchase, license or use of any third party goods, services, software or content made available through the Green Channel Site or the service or linked to the Green Channel Site or service.
Note: the laws of certain jurisdictions may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Indemnity
You agree to indemnify, defend and hold harmless the Green Channel-related parties from and against any and all loss, liability (including settlements and judgments) or expense (including reasonable attorneys’ fees and expenses and court costs) arising out of: (a) any breach by you of any provision of these Terms of Use and/or any representation or warranty set out herein; and (b) any cost or expense incurred by us in the enforcement of this section. The Green Channel will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Green Channel-related party that you are bound to defend pursuant to the foregoing.
Governing Law
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.
Except where and to the extent prohibited by law, by using the Site, you and Green Channel agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of our Terms of Use or our Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent
To Green Channel at: 1120 Edinburgh Street, New Westminster B.C., V3M 2V7, Canada and to You at: your email or an address you provide to us.
Both you and The Green Channel agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating the filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
Any dispute arising out of or relating to use of the Green Channel Site, under these Terms of Use, under our Privacy Policy or otherwise concerning the Green Channel or any of its affiliates will be resolved on an individual basis by final binding arbitration through Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and under JAMS rules and subject to the British Columbia International Arbitration Act, which shall control in the event of any conflict. The parties will attempt to agree on an arbitrator and if they cannot agree then JAMS rules for selection of an arbitrator will apply.
Any arbitration shall take place in Vancouver, British Columbia. There shall be one arbitrator for the arbitration. The decision of the arbitrator shall be final and binding between the parties. The arbitrator will determine the amount of discovery permitted. The parties shall share equally the cost of the arbitration. Requests for provisional relief sought by either party do not have to be arbitrated and will be filed in British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by the JAMS arbitrator or such courts and to the venue of such arbitration or courts. Please note the arbitration provision set forth above, except where and to the extent prohibited by law, requires you to arbitrate any claims you may have against the Green Channel and/or any of its affiliates on an individual basis.
ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.