Terms of Service

ChannelPICKEntertainment.com Terms of Use Agreement
Effective as of: January 24, 2016

Welcome to ChannelPICKEntertainment.com, the service for music fans and independent artists, writers and producers to connect and communicate with each other online, owned and operated by Darian D. Drake (“ChannelPICKEntertainment.com”). By using the ChannelPICKEntertainment.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). If you wish to become a Member and communicate with other Members and make use of the ChannelPICKEntertainment.com service (the “Service”), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by ChannelPICKEntertainment.com from time to time, such modifications to be effective upon posting by ChannelPICKEntertainment.com on the Website with their effective date indicated at the top of this Agreement. Your continued use of the Service after any such changes to this Agreement constitutes your acceptance of the new Agreement. If you do not agree to the modified Agreement, you must terminate your use of the Service.

1. Eligibility:

(a) You must be eighteen or over to register as a member of ChannelPICKEntertainment.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

(b) The Website is owned by Darian D. Drake. Please see the ChannelPICKEntertainment.com Privacy Policy for more information.

2. Term: This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the ‘Account Options’ page. ChannelPICKEntertainment.com may terminate your membership for any reason. Even after membership is terminated, this Agreement will remain in effect.

3. Member Screening: ChannelPICKEntertainment.com does NOT screen its member profiles for accuracy in any way (that would be basically impossible) nor does it conduct any kind of background checks on members. Members use this site at their own risk. You understand and agree that it is your responsibility to use common sense when interacting and meeting other Members from this Website. Use the same common sense you would use meeting people in the offline world. Background checks are not always accurate (someone could just submit fake personal information after all, plus not all criminal records are available online), so they should never be counted on to replace common sense and skepticism. ALWAYS meet someone new in a very public place, and let someone close to you know you are meeting someone.

4. Proprietary Rights in Content on ChannelPICKEntertainment.com: ChannelPICKEntertainment.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of ChannelPICKEntertainment.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted or Uploaded on the Site.

(a) You understand and agree that ChannelPICKEntertainment.com may review and delete any content, messages, forum posts, blogs, photos, music, audio, video or profiles (collectively, “Content”) that in the sole judgment of ChannelPICKEntertainment.com that violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

(b) You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.

(c) By posting Content to any public area of ChannelPICKEntertainment.com, you automatically grant, and you represent and warrant that you have the right to grant, to ChannelPICKEntertainment.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

(d) License Agreement: By uploading Content to any public area of ChannelPICKEntertainment.com, you own 100% of the copyright to the music or content upload to ChannelPICKEntertainment.com, and you waive your rights to royalties or representation by BMI, ASCAP, SESAC and SoundExchange or any other performance rights organization as it relates to the playing or streaming of that content on ChannelPICKEntertainment.com.

(e) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. ChannelPICKEntertainment.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated audio/video or links to pirated audio/video files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

(f) You must use the Service in a manner consistent with any and all applicable laws and regulations.

(g) You may not include in your Member profile any telephone numbers, street addresses, last names, URLs, messenger ID’s or email addresses.

(h) You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service without the approval of ChannelPICKEntertainment.com. You may not transmit any chain letters or junk email to other Members. Although ChannelPICKEntertainment.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ChannelPICKEntertainment.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ChannelPICKEntertainment.com deems appropriate in its sole discretion.

(i) ChannelPICKEntertainment.com can block your profile and account at any time it decides, in its sole discretion, that your use of the Service (including Content you post or send to any other member, whether in or outside of the Service) or your actions off the Website violate this Agreement or could be harmful to any person or the Website. This includes any abusive conduct shown toward customer service agents.

6. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
• an electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable ChannelPICKEntertainment.com to find the alleged infringing material);
• your address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to ChannelPICKEntertainment.com’s Copyright Agent at copyright@channelpickentertainment.com.

7. ChannelPICKEntertainment.com Email: When you join the website, you agree and consent to receive email messages from us or third party patners. These emails may be transactional or communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the ChannelPICKEntertainment.com Privacy Policy for more information regarding these communications. From time to time, employees of ChannelPICKEntertainment.com may create test profiles for the purpose of testing the functionality of our Service and website processes to improve service quality for our members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

8. Member Disputes: You are solely responsible for your interactions with other ChannelPICKEntertainment.com Members. ChannelPICKEntertainment.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Refunds: ChannelPICKEntertainment.com does not provide refunds of any kind. All transactions are final.

10. Forums: If you should decide to delete your account, your profile will be deleted along with your photos, messages, etc. However any forum posts you have made may remain.

11. Modifications to Service: ChannelPICKEntertainment.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ChannelPICKEntertainment.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Blocking of IP Addresses: In order to protect the integrity of the Service, ChannelPICKEntertainment.com reserves the right at any time in its sole discretion to block Members from certain IP addresses or computers from accessing the Website.

13. Disclaimers: CHANNELPICKENTERTAINMENT.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. CHANNELPICKENTERTAINMENT.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. CHANNELPICKENTERTAINMENT.COM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. CHANNELPICKENTERTAINMENT.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL CHANNELPICKENTERTAINMENT.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THE WEBSITE AND THE SERVICE ARE PROVIDED “AS-IS” AND CHANNELPICKENTERTAINMENT.COM MAKES NO WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND EXPRESSLY DISCLAIMS ANY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CHANNELPICKENTERTAINMENT.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.

14. Limitation on Liability: EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CHANNELPICKENTERTAINMENT.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF CHANNELPICKENTERTAINMENT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHANNELPICKENTERTAINMENT.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHANNELPICKENTERTAINMENT.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

15. Arbitration and Governing Law:

(a) Arbitration Agreement: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against ChannelPICKEntertainment.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against ChannelPICKEntertainment.com any class action, class arbitration, or other representative action or proceeding.

(b) Notice of Rights: By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ChannelPICKEntertainment.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

(c) Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against ChannelPICKEntertainment.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Leon County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

(d) Governing Law: This Agreement, and any dispute between you and ChannelPICKEntertainment.com, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

16. Indemnity: You agree to indemnify and hold ChannelPICKEntertainment.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

17. Other: This Agreement and the ChannelPICKEntertainment.com Privacy Policy, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and ChannelPICKEntertainment.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.