Terms of Use

The Green Channel

These Terms of Use govern your access and use of our service, website and products, which is owned by The Green Channel Inc. (herein referred to as “The Green Channel”, “Green Channel”, “us”, or “we”). These Terms of Use shall have the following definitions: 1) "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; 2) “the website” means http://thegreenchannel.tv or one of it's subdomains; 3) “content” means all movies, television shows, other audiovisual work, images, descriptions, trade-marks, copyrighted works, and all other intellectual property featured on the website, whether owned by The Green Channel or by a third party and licensed to The Green Channel.

These Terms of Use, which shall include The Green Channel Privacy Policy govern your use of the website and the service. By accessing, using, visiting, or browsing the website 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 website or the service.

Changes to Terms of Use

The Green Channel may, from time to time, revise these Terms of Use, including the Privacy Policy at any time by updating this webpage. Such revisions shall be effective immediately.

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 website or in your account page on the website 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. Free week prior to monthly at $9.99 per month.

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. This fee will be charged following your 7-day free trial.

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, following the 7-day free trial. 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 website or the service, you represent and warrant that you are 18 years of age or older. You must not access the website or the service if you are under 18 years of age.

License

The Green Channel service and any content viewed through the website or the service are for your personal and non-commercial use only. To the extent you are a member of the website, 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.

Restrictions

You agree to use the website and the service in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content on the website. 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 website and the service. Further, you shall not: 1) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the service or website; 2) use any robot, spider, scraper or other automated means to access the service or website; 3) decompile, reverse engineer or disassemble any software or other products or processes accessible through the website or service; 4) insert any code or product or manipulate the content of the service or website 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 website or service through certain devices. By using the service or website, 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 website. 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 website.

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.

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 website, 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 website 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 website 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 website, 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 website or the service or linked to the website 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.

Intellectual Property

The Green Channel service, including all content provided on the Green Channel service, whether or not such content is provided by The Green Channel or a third party, is protected by copyright, trade secret or other intellectual property laws and treaties. The Green Channel is a registered trademark of The Green Channel Inc.

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.

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.