Terms & Conditions
These Terms of Use were last updated on March 30, 2020
THE GREEN CHANNEL
Welcome to www.thegreenchannel.tv [http://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
[http://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.