Eligibility and Assent to Terms
Welcome to the Chunnel. The following Terms of Service for the www.chunnel.tv website and related services, syndication channels, applications, domains and networks offered by the Chunnel (“Chunnel Service”) is a legal contract between you, either an individual of at least 13 years of age or a single entity (“You” or, collectively, “Users”), and Chunnel, Inc. (“the Chunnel”) regarding your use of the Chunnel Service. The Chunnel Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Chunnel Service by the Chunnel.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE Chunnel SERVICE.
BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE CHUNNEL SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CHUNNEL SERVICE.
Modification
At its sole discretion, the Chunnel reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Chunnel Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty (30) days after they are initially posted on the Chunnel Service.
Individual Features and Services
When using the Chunnel Service, you will be subject to any additional posted guidelines,rules or additional terms applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
User Accounts
In order to access some features of the Chunnel Service, you may be asked to register and create a Chunnel account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Chunnel immediately of any breach of security or unauthorized use of your account. Although the Chunnel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Chunnel or others due to such unauthorized use.
When you use the Chunnel Service to view, display, upload or purchase content or any products, services, or information from the Chunnel, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Chunnel on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up‐to‐date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify the Chunnel. You may notify the Chunnel by emailing info@chunnel.tv. You may be liable for the losses incurred by the Chunnel or others due to any unauthorized use of your Chunnel account.
Digital Millennium Copyright Act
It is the Chunnel’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. To submit a DMCA notice, please email DMCA@chunnel.tv with the following information:
1. Your name, address, and contact information;
2. Your physical or electronic signature;
3. A description of the infringing materials and their location on our site – a link is best;
4. A statement by the owner of the copyrighted work that it has a good faith belief that there is no legal basis for the use of the materials complained; and
5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.
The Chunnel may promptly terminate, without notice, any User’s access to the Chunnel Service if that User is determined by the Chunnel to be a “Repeat Infringer.” A Repeat Infringer is a User who has been notified by the Chunnel of infringing activity violations on multiple occasions and continued to submit infringing content.
“Uploader Submission” as used herein means the upload and distribution of authorized digital content by a User of the Chunnel Service. If your account has been terminated because you have been found to be a “Repeat Infringer” you will be prohibited from ever opening another account to use the Chunnel Service.
Permission to Use the Chunnel Service
Subject to your compliance with the terms and conditions set out in this Terms of Service, the Chunnel hereby grants to you a personal, limited, non‐exclusive, nontransferable,freely revocable license to use the Chunnel Service to (i) view, use and access the features and content of the Chunnel Service, and (ii) to participate in any other programs, services, or features of the Chunnel Service now or hereafter made available by the Chunnel.
Use of Chunnel Service is for personal, non‐commercial use only.
You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses the Chunnel Service in a manner that sends more request messages to the Chunnel Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the Chunnel Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the Chunnel Site.
The Chunnel reserves all rights not expressly granted in this Terms of Service. You acknowledge that the Chunnel may automatically issue upgraded versions of the software and systems comprising the Chunnel Service and, accordingly, may upgrade the version of the Chunnel Service that you are using. The Chunnel reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Chunnel Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Uploader Submissions
Under these Terms, you may submit certain material (“Uploader Submissions”) to the Chunnel Service. The following license includes the right for the Chunnel to convert your submissions via our Uploader Submissions to the Chunnel’s proprietary format, or such other file formats as may be used the Chunnel, and to display and make your Uploader Submissions available, in whole or in part, on the Chunnel Service in association with other Uploader Submissions, content and advertising that may appear on the Chunnel Service. Subject to the license grant to other the Chunnel Service users below, the following license granted by you terminates as to a specific Uploader Submission once you remove or delete such Uploader Submission from the Chunnel Service. By distributing or disseminating Uploader Submissions through the Chunnel Service, you hereby grant to the Chunnel a worldwide, non‐exclusive, transferable, assignable, fully paid‐up, royalty‐free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your Uploader Submissions, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Uploader Submissions through the Chunnel Service.
By uploading your Uploader Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize the Chunnel and the Chunnel’s users to use and distribute your Uploader Submissions as necessary in the manner contemplated by the Chunnel and this Terms of Service; (2) your Uploader Submissions do not and will not: (i) infringe, violate, or misappropriate any third‐party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (iii) your Uploader Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Chunnel Service. Violators of these third‐party rights may be subject to criminal and civil liability. The Chunnel reserves all rights and remedies against any Users who violate this Terms of Service.
Further, you understand that when using the Chunnel Service you will be exposed to Uploader Submissions from a variety of sources, and that the Chunnel is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Uploader Submissions. You further understand and acknowledge that you may be exposed to Uploader Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive to the furthest extent permissible by law, any legal or equitable rights or remedies you have or may have against the Chunnel with respect thereto. The Chunnel does not endorse any Uploader Submissions or any opinion, recommendation or advice expressed therein, and the Chunnel expressly disclaims any and all liability in connection with Uploader Submissions. If notified by a User or a content owner of an Uploader Submission that allegedly does not conform to this Terms of Service, The Chunnel may investigate the allegation and determine in its sole discretion whether to remove the Uploader Submission, which it reserves the right to do at any time and without notice. For clarity, The Chunnel does not permit copyright infringing activities on the Chunnel Service.
Prohibited Conduct
YOU AGREE NOT TO DIRECTLY OR INDIRECTLY:
1. use the Chunnel Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Chunnel Service as such services are offered by the Chunnel;
2. delete the copyright or other proprietary right notices on the Chunnel Service or Uploader Submissions;
3. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Chunnel Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of
commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
4. use the Chunnel Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any
defamatory, libelous, or inaccurate Uploader Submissions or other content;
5. defame, harass, abuse, threaten or defraud Users of the Chunnel Service, or post, upload, or distribute any Uploader Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent,
pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
6. collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the Chunnel Service for any commercial use;
7. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
8. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
9. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Chunnel Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Chunnel Service, or perform any other similar fraudulent activity;
10. register for more than one account on the Chunnel Service;
11. hack, remove, circumvent, disable, damage or otherwise interfere with securityrelated features of the Chunnel Service or Uploader Submissions, features that prevent or restrict use or copying of any content accessible through the Chunnel Service, or features that enforce limitations on the use of the Chunnel Service or Uploader Submissions, or intentionally interfere with or damage operation of the Chunnel Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
12. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Chunnel Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
13. use the Chunnel Service in any way to harm or harass a minor; and
14. modify, adapt, translate or create derivative works based upon the Chunnel Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Third‐Party Sites
The Chunnel Service may include links, content associated with, or references to other web sites or services solely as a convenience to Users (“Linked Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). The Chunnel does not endorse, approve, or screen, any such Linked Sites , Third Party Applications, Software or Content ,or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Chunnel Service are solely between you and such advertiser. Access and use of Linked Sites,
including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
Termination for Violations
You agree that the Chunnel, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Chunnel Service and remove and discard all or any part of your account, User profile, and any Uploader Submission, for any reason at any time. The Chunnel may also in its sole discretion and at any time discontinue providing access to the Chunnel Service, or any part thereof, with or without notice. You agree that any termination of your access to the Chunnel Service or any account you may have or portion thereof may be effected without prior notice, and you agree that the Chunnel will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, obscene, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Chunnel may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Chunnel, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the Chunnel Service, (ii) any term of this Terms of Service, (iii) any policy or practice of Chunnel in operating the Chunnel Service, or (iv) any content or information transmitted through the Chunnel Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the Chunnel Service.
Privacy
Your privacy is important to the Chunnel. The Chunnel’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to the Chunnel’s collection, use, and disclosure of your personal information.
Ownership and Proprietary Rights
The Chunnel Service is owned and operated by Chunnel. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Chunnel Service provided by Chunnel (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Uploader Submissions that are provided and owned by Users, all Materials contained on the Chunnel Service are the property of the Chunnel or its subsidiaries or affiliated companies and/or third‐party licensors. All trademarks, service marks, and trade names are proprietary to the Chunnel or its affiliates and/or third‐party licensors, including the name Chunnel and its associated logo. Except as expressly authorized by the Chunnel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You do not acquire any right, title or interest in any content on the Chunnel Service by virtue of accessing the Chunnel Service or making use of the permitted uses allowed under these Terms. The Chunnel reserves all rights not expressly granted in this Terms of Service.
Indemnification
You agree to indemnify The Chunnel, its affiliated companies, contractors, employees, agents and its third‐party suppliers, licensors, licensees, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Chunnel Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. The Chunnel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Chunnel, and you agree to cooperate with the Chunnel’s defense of these claims. Upon notice of any impending claim, action or proceeding, the Chunnel will use reasonable efforts to notify of any indemnification obligation.
Disclaimer of Warranties
THE CHUNNEL, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CHUNNEL OR THROUGH THE CHUNNEL SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY ACKNOWLEDGE THAT THIS DISCLAIMER INCLUDES THE CHUNNEL OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE CHUNNEL SERVICE IS AT YOUR SOLE RISK. THE CHUNNEL SERVICE AND ANY DATA, INFORMATION, THIRDPARTY SOFTWARE, UPLOADER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CHUNNEL SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE CHUNNEL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, UPLOADER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE CHUNNEL SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE CHUNNEL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CHUNNEL SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CHUNNEL SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CHUNNEL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD‐PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CHUNNEL SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH THE CHUNNEL OR OTHER THE CHUNNEL SERVICE USERS, EVEN IF THE CHUNNEL OR A CHUNNEL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE CHUNNEL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE CHUNNEL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD‐PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CHUNNEL SERVICE OR YOUR INTERACTIONS WITH THE CHUNNEL OR OTHER THE CHUNNEL SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CHUNNEL SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE CHUNNEL AND RECEIVED THROUGH OR ADVERTISED ON THE CHUNNEL SERVICE OR RECEIVED THROUGH ANY LINKED SITES. YOU ACKNOWLEDGE AND AGREE THAT THE CHUNNEL HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CHUNNEL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CHUNNEL. THE CHUNNEL WOULD NOT BE ABLE TO PROVIDETHE CHUNNEL SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
United States Export Controls
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re‐export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export
Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
Miscellaneous
The Chunnel may provide you with notices, including those regarding changes to The Chunnel’s terms and conditions, by email, regular mail or postings on the Chunnel Service. Notice will be deemed given twenty‐four hours after email is sent, unless the Chunnel is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Chunnel Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Chunnel is deemed given 30 days following the initial posting. The failure of the Chunnel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Chunnel. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Chunnel without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and the Chunnel relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by the Chunnel as set forth above. These Terms are governed by the laws of the State of California.
YOU AND THE Chunnel AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Chunnel SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing Law; Venue and Jurisdiction
By visiting or using the Chunnel Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Chunnel or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York, New York.
Arbitration
YOU AND CHUNNEL AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE CHUNNEL SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO TRIAL BY JURY.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Chunnel will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
The services are offered by The Chunnel, Inc., located at: 100 6th Ave, 2nd Floor, New York, NY 10012 and email: contact@chunnel.tv
