Channely Terms and Conditions
Welcome, and thank you for your interest in BYTEDOGS LTD. (“BYTEDOGS,” “Administrator,” “we,” “us,” “Company,” or “our”), which operates Channely, the web application located at https://channely.co/ (hereinafter referred to as “Channely” or the “Service”). Visitors and users of the Service are referred to individually as “User” and collectively as “Users”.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO OUR TERMS AND CONDITIONS.
1. ACCEPTANCE OF THE TERMS
- These Terms and Conditions (the “Terms”) constitute a binding and enforceable legal contract between us and you. Please read these Terms carefully.
- Your access and use of the Channely web application, as well as any service, content, and data available via the Service is governed by these Terms.
- If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.
2. IMPORTANT DISCLAIMERS
- ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
- YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THREATS TO YOUR SECURITY BECAUSE OF YOUR USE OF OUR PLATFORM.
3. ACCOUNT REGISTRATION
- In order to use certain features of the Service you may need to register an account on Channely (the “Account”) and provide certain information about yourself as prompted by the registration form.
- You may create an Account as an individual or as an authorized representative of a company.
- You can register only one Account per user.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
- You hereby represent and warrant to us that you have reached the age of majority.
- We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
- You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Channely is an online service that facilitates the posting of scheduled Telegram posts (referred to as “Content”) at a cost (with the option of a free trial at the onset of usage).
- The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
- Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
- The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of the Administrator and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third-Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern your usage. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
- You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with any Third-Party Ads.
- Channely is a payable services digital platform.
- The fees we charge for using payable services and payment methods accepted by us are disclosed on Channely.
- We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.
- Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.
- Your payments for the services are governed by the Billing and Refund Policy.
6. CONDITIONS OF USE
As a condition of your use of Channely you agree that you will not: 1. violate any laws of use, violate the Policies, post any threatening, abusive, defamatory, obscene or indecent material; 2. post or otherwise communicate any false or misleading material or message of any kind; 3. infringe any third-party right; 4. distribute spam, chain letters, or promote pyramid schemes; 5. distribute viruses or any other technologies that may harm BYTEDOGS or the interests or property of BYTEDOGS’ users; 6. impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Channely and BYTEDOGS by extension; 7. copy, modify, or distribute any other person’s content without their consent; 8. use any robot spider, scraper or other automated means to access Channely and collect content for any purpose without our express written permission; 9. harvest or otherwise collect information about others, including email addresses, without their consent; 10. copy, modify or distribute rights or content from Channely or BYTEDOGS’s copyrights and trademarks; 11. bypass measures used to prevent or restrict access to Channely; 12. use any tool that interferes with the normal functioning of Channely, including, without limitation, browser plug-ins (including, but not limited to, extensions, or other software which are designed to supplement, remove or otherwise change any of BYTEDOGS’s functionalities; or
You will be prosecuted and bear consequences.
At BYTEDOGS, we take pride in fulfilling client requests promptly. We do our best to process to ensure that all User Content is published as scheduled without delay. It is the buyer’s responsibility to provide accurate and complete information at the time of purchase. We are not responsible for any errors in posts due to incorrect or incomplete User Content provided by the User. If a post(s) is made in error due to a misrepresentation by the User, the User will be responsible for any additional charges for reposting. We are also not responsible for any delays or failures in delivery due to circumstances beyond our control, such as natural disasters, strikes, or other events.
8. USER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and warrant that: 1. You have a legal capacity and you agree to comply with the Terms; 2. You are above 18 years of age; 3. You will or have provided true, accurate, and complete information in your Account; 4. You will update your information on your Account to maintain its truthfulness, accuracy, and completeness; 5. You will immediately change data for accessing Channely if you have a suspicion that your Account access details were disclosed or probably used by the third parties; 6. You will notify the Administrator of any unauthorized access to your Account; 7. You will not provide any false or misleading information about your identity or location in your Account; 8. You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines; 9. You will not use the Service for any illegal or unauthorized purpose; 10. You will not use software and pursue any other actions aimed to interfere with the normal operation of Channely; 11. You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through Channely or by any other means towards other users of Channely; 12. You will not copy, modify, distribute any other User Content without consent of the respective user; 13. You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person; 14. You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;
By submitting suggestions or other feedback related to Channely to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect feedback.
- You agree, to the extent permissible under Applicable Laws, to indemnify, defend, and hold harmless BYTEDOGS, and its successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“BYTEDOGS Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of Channely (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); or, (v) the infringement by you of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content
- You agree to let BYTEDOGS assume the exclusive defense and control of any matter for which you are required to indemnify BYTEDOGS, and you agree to cooperate with BYTEDOGS’s defense of these claims. You agree not to settle any such matter without the prior written consent of BYTEDOGS. BYTEDOGS will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. LIMITATION OF LIABILITY
- IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ADMINISTRATOR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
12. INTELLECTUAL PROPERTY RIGHTS
- You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for the Administrator’s marketing, advertising, and other purposes.
- You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
- Materials on Channely, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, USB stick, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed.
Notice for Claims of Intellectual Property Violations and Copyright Infringement
- If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information or products which are posted to Channely someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.
- When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
- an appeal should include a physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed;
- The objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided;
- you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;
- you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address;
- signed application with regard to your faithful and reasonable belief in those materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;
- signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties’ claims related to deletion of relevant materials by the Administrator;
- signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of an exclusive right, which has been supposedly infringed;
- statutory regulations which you believe to be violated in connection to using of disputable content;
- state, in which territory you believe the rights to be infringed;
- copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.
- The relevant notification shall be sent to email firstname.lastname@example.org
13. GOVERNING LAW AND JURISDICTION
- These Terms shall be governed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
- Any dispute, controversy or claim arising out of or in connection to these Terms, or breach, termination or invalidity thereof shall be settled by Arbitration. The language to be used in the arbitral proceedings shall be English.
- If any party is dissatisfied with the arbitrator’s award, they shall have the right to litigate.
- BYTEDOGS and you agree to submit to the exclusive jurisdiction of the English and Welsh courts, but if you are a consumer and you live in Scotland, Northern Ireland or the Republic of Ireland, the courts of those jurisdictions shall also have jurisdiction in relation to any dispute about these Terms.
14. INTERNATIONAL USE
- BYTEDOGS operates Channely in the United Kingdom. If you choose to access our Platform from locations outside the United Kingdom, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access Channely, if and to the extent local laws are applicable to use of our Platform.
- Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Platform is appropriate or available for use in jurisdictions outside the United Kingdom. The right to access and use the Website is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render us in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
15. Term and Termination
These Terms shall remain in full force and effect while you use Channely unless they are terminated as provided in these Terms, in which case you no longer have the right to use Channely.
2. Termination by BYTEDOGS
BYTEDOGS may, in its sole discretion, and at any time discontinue providing access to Channely, or any part thereof, with or without notice. You agree that any termination of your access to Channely, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. As discussed herein, BYTEDOGS does not permit copyright, trademarks, or other intellectual property infringing activities on Channely, and will terminate access to Channely, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
3. Termination by You
Your only remedy with respect to any dissatisfaction with (i) Channely, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of BYTEDOGS in operating Channely, or (v) any content or information transmitted through Channely, is to terminate the Terms and your use of the website. You may terminate these Terms at any time (prospectively only) by discontinuing use of any and all parts of the Website
16. MISCELLANEOUS PROVISIONS
- Except as otherwise provided, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
- We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.
- If we fail to take an action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
- In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator’s reasonable control.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us using the company details:
1BYTEDOGS LTD. 2Company number: 14586612 3Registered Address: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ 4E-mail: email@example.com