ChannelEyes, Inc. (“ChannelEyes”, “ChannelCandy”,”we” or “us”) provides a platform to enable you to develop and manage smartphone and tablet applications (“Mobile App”) and mobile website solutions (“Mobile Website”) as well as related hosting and support services (the “Service”). As used in this document “Mobile Platform” means the Mobile Apps and Mobile Websites. By using the ChannelEyes.com web site (“Site”) and/or the Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).ChannelEyes reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service. You can review the most current version of the Terms of Service at any time at: http://www.ChannelEyes.com/terms/. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
You are responsible for maintaining the security of your Account and password. ChannelEyes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
ChannelEyes will be the sole publisher of your Mobile Apps with any mobile platform provider including, but not limited to, for the Android Market, but excluding Apple Computer, Inc. (“Apple”). Such mobile platform providers are referred to in these Terms of Service as “Providers” and you may not use your own Account to publish a Mobile App with any such Providers. As noted above, Apple is not considered a Provider under these Terms of Service and consequently, if you use the Service to develop a Mobile App for the platforms and operating systems for the mobile devices of Apple then you must enter into a separate agreement with Apple directly in this regard to become an Apple application developer and you and not ChannelEyes will be the publisher of your Mobile Apps for Apple mobile devices. Notwithstanding the foregoing, you agree, to provide ChannelEyes with full access to the account you create with Apple by providing ChannelEyes with your Apple account login details (e.g. email address/password) so that ChannelEyes may (i) initially publish your Apple Mobile App, (ii) upgrade your Apple Mobile Apps when ChannelEyes releases new versions of the Service, and (iii) track all revenue by you relating to such Apple Mobile App and account for such revenues in the context of the Service.
Except for Site Advertisements (defined below), you are responsible for all text, data, graphics, images, photos and video files posted on the Site or via the Service (“Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Your Content includes any advertisements sourced and/or made available by you via your paid Mobile Platforms.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
Payments and Refund Terms
The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. If your account is billed on a yearly basis and you wish to discontinue service, you must provide 30 days notice before your billing anniversary date in order to insure no additional billing for the following year. No exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
ChannelEyes will use commercially reasonable efforts to have the Mobile App approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile App is denied by the appropriate Provider, we will work with you to correct the issues. If invoiced, payment is due upon receipt.
Cancellation and Termination
You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via email to firstname.lastname@example.org. Cancellations by phone or sent via any other means will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
ChannelEyes, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other ChannelEyes service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
ChannelEyes reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
ChannelEyes reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.
Prices for the Service, including but not limited to annual or monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by email.
ChannelEyes shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.
From time to time, ChannelEyes may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although ChannelEyes will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
End Users and End User Data
ChannelEyes may collect certain information generated or provided by end users of a Mobile Platform (“End User Data”). Depending on the type of Mobile Platform you choose to create via the Service, End User Data may include the personally identifiable information and/or non-personally identifiable information of end users. You acknowledge and agree that:
You are solely responsible for your interactions (including any disputes) with end users and ChannelEyes does not in any way screen end users. ChannelEyes may, but is under no obligation to, monitor or censor any comments made by end users or content provided by end users and disclaims any and all liability relating thereto.
License Grant, Copyright and Content Ownership
ChannelEyes does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.
We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Platform, you agree to allow others to view and share your Content via your Mobile Platform.
ChannelEyes does not pre-screen Content, but ChannelEyes and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The Site and the Service, including their “look and feel” are protected by copyright, trademark, and other laws of the United States and foreign countries. ChannelEyes exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from ChannelEyes.
You agree that you will not post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity.
You acknowledge that ChannelEyes has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ChannelEyes reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.
You understand that ChannelEyes uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other ChannelEyes service.
You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ChannelEyes.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ChannelEyes customer, employee, member, or officer will result in immediate Account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHANNELEYES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ChannelEyes does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You agree to defend, indemnify, and hold ChannelEyes, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Platform.
Limitation of Liability
You expressly understand and agree that ChannelEyes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ChannelEyes has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall ChannelEyes’s liability to you exceed the amount actually paid to ChannelEyes by you during the preceding 12 months.
These Terms of Service and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
The failure of ChannelEyes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ChannelEyes and govern your use of the Service, superseding any prior agreements between you and ChannelEyes (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Contacting Technical Support
Questions about the Terms of Service or for general technical support information you may visit http://channeleyes.uservoice.com/.