Terms & Conditions
Terms and Conditions
1. Description of Service and Acceptance of Terms
Contagious Online Media Network Private Limited (CNO) (“Channel Number One (CNO),” “we,” or “us”) provides an online video service offering a selection of shows, short films, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, materials, or other services (including third-party branded services) offered from time to time by Channel Number One through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the http://channelnumberone.com the “Channel Number One website”), applications, and other places where any Services are available, including websites and applications of Channel Number One’s third-party distribution partners and other sites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
Use of the Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable Service. Therefore, by visiting the Channel Number One Site or using any of the Services through any other Access Point, you agree to these Terms
2. Changes to These Terms
The Terms is subject to revisions at any time, as determined by Channel Number One, without notice, and any such changes are effective immediately upon being posted on the Website; any use of the Website after that will be deemed to be an acceptance of these changes by the User. Users are strongly urged to read these Terms in its entirety and to periodically check this page to understand how modifications or revisions to this policy affect the use of their information. Channel Number One shall not be responsible for any User’s failure to remain informed about such changes.
3. Access and Use of the Services
3.1 Age Limitations.
3.2 Your License.
Channel Number One grants You a non-exclusive, limited, revocable, limited permission to use the Services on the Site for personal, non-commercial purposes during the subsistence of Your Account for the territory of the world or limited territories as applicable in respect of specified Content and as outlined in these Terms and Conditions.
3.3 Intellectual Property rights – The Content
You acknowledge that the audio-visual content that you are able to access, view and display via the Service (“Content”) contains proprietary information and material that is owned by us and our licensors and is protected by intellectual property and other laws including copyright.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, webbased service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Channel Number One in writing.
You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Channel Number One in writing.
You may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Channel Number One. You may not build a business utilizing the Content, whether or not for profit
The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, stills, audio and video materials. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Channel Number One in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any digital rights management or security technology or software that is part of the Service, nor interfere with, remove or alter any rights management information nor proprietary notices or labels on the Content. We may monitor your compliance with these Terms from time to time, and in the event of breach by you, we may terminate your use of the Service and take advantage or any available remedies at law.
3.4 The Video Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
You agree that Channel Number One owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Channel Number One and Channel Number One’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.6 Your Responsibilities.
If Channel Number One determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.7 No Spam/Unsolicited Communications.
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users to send or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 4) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Channel Number One and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Company AUD 100 (Australian dollars 100 only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Channel Number One may have against you in law or equity;
3.8 Software Downloads.
To participate in specific Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
We may at our discretion and from time to time change, suspend, add or discontinue – temporarily or permanently – some or all of the Services and features (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Channel Number One may do so in CNO terms sole discretion. You also agree that Channel Number One will not be liable to you for any modification, suspension, or discontinuance of the Services.
3.10 Internet Access Charges.
You are responsible for any costs you incur to access the internet.
To use the Service you need a minimum speed of 0.8Mbps (however at least 3Mbps is recommended). You are responsible for checking with your internet service provider as to whether your plan is suitable.
You are responsible for paying for your personal broadband connection, including any data charges (even if you are able to receive the Service free of charge).
The content you stream via the Service may be metered by your internet service provider, and counted towards any usage allowance you have and/or be charged to you by your provider.
Streaming quality varies depending on broadband connection speed. The App uses an adaptive bitrate system that automatically adjusts the quality of the stream based on the device capability and quality of your broadband connection to start the streams as quickly as possible and to minimize buffering to the extent possible in the context of all the various broadband plans our customers have. However, we are not responsible for buffering which may occur if your broadband plan is not suitable (ie: does not have the minimum speed of 0.8Mbps, or if buffering occurs for other reasons beyond our reasonable control).
3.11 Accounts and Registration.
4. User Reviews, Comments, and Other Material
As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). To keep the Services enjoyable for all of our users, you must adhere to the rules below.
Please choose the User Material that you Post carefully. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Channel Number One using a third party service, such as a social network or email provider, your first and last name or username or profile name other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Channel Number One the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party because of your Posting User Material. Channel Number One will remove all User Material if we are notified that such User Material infringes on another person’s rights. You acknowledge that Channel Number One does not guarantee any confidentiality concerning any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Channel Number One. After Posting your User Material, you continue to retain all of the same ownership rights you had before Posting. By posting your User Material, you grant Channel Number One a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereafter created.
The license you grant to Channel Number One is non-exclusive (meaning we do not prohibit you from licensing your User Material to anyone else in addition to Channel Number One). It is fully-paid, royalty-free (meaning that Channel Number One is not required to pay you for the use of your User Material), and sub licensable (so that Channel Number One can use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Channel Number One does not endorse any User Material, and any User Material that is Posted does not reflect the opinions or policies of Channel Number One. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Channel Number One assume any responsibility or liability whatsoever for any User Material and you agree to waive any legal or equitable rights or remedies you may have against Channel Number One concerning such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing firstname.lastname@example.org (subject line: “Inappropriate User Material”).
5. Linked Destinations and Advertising
5.1 Third Party Destinations.
You acknowledge that there may be advertising displayed as part of the Service, providing you information regarding products and services. This advertising may be in the form of display advertising, pre-roll advertising (which appears before you start watching Content), mid-roll advertising (which appears during your viewing of the Content) and post-roll advertising (which appears after you have finished watching the Content). You acknowledge that the Service is advertising-funded, and that use of ad blocking software on your device will not block all advertising served by us or on our behalf.
Channel Number One takes no responsibility for advertisements or any third party material Posted on any Access Point where the Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that Channel Number One is not liable for any loss or claim that you may have against an advertiser.
If You have any questions, complaints or claims concerning the Site and/or Services, then such correspondence should be directed to the address as given below. E-mail: email@example.com (title: “Inquiry, Complaint or claims”)
7. Disclaimer of Warranties
Except as expressly set forth herein, you expressly acknowledge that this Service is provided ‘as is’ and any use by you of the Service is at your own risk. To the maximum extent permitted by law, in no event will Channel Number One or its Associated Entities nor its third party licensors be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Service, any linked site, the streaming of any Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Channel Number One or its Associated Entities are advised of the possibility of such damages, losses or expenses.
The Services including the Site, the Content, the video player, User Material and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Channel Number One does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
8. Limitation of Liability
IN NO CASE SHALL CHANNEL NUMBER ONE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, CHANNEL NUMBER ONE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Indemnity, Governing Law, Severability, Survival
You agree to defend, indemnify and hold harmless Channel Number One, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s™ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
9.2 Governing Law.
These Terms are governed by the laws in force in New South Wales, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts which may hear appeals from those courts.
The laws of New South Wales, Australia, shall govern the relationship between You and Channel Number One without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the preceding, You agree that (i) Channel Number One has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at NSW, Australia.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of a license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.
We may vary these Terms or any information contained on the Service at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective.
In the event these Terms are inconsistent with any other Terms you have agreed to in relation to your ongoing use of these Terms will prevail to the extent of that inconsistency