TCL CHANNEL TERMS AND CONDITIONS
Effective: Nov. 12, 2020
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE. LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THESE ENTIRE TERMS.
1.1 These Terms and Conditions of Use (“Terms”) govern your sign-up and use of the TCL Channel (“TCL Channel”) provided by Shenzhen TCL New Technology Co., Ltd. TCL (“TCL”, “our”, “we” or “us”). These Terms are a contract between you and TCL. You should read these Terms carefully and should not sign up or use TCL Channel if you do not agree to these Terms.
By completing your sign-up and using the TCL Channel, you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and other related agreements incorporated into these Terms by reference.
1.2 TCL reserves the right to modify these Terms at any time. When we do so, we will update the “Effective” date above. In the event of material changes to these Terms, we will notify you via email at the email address we have on file for you and via a prominent posting on our websites. If you do not agree to such modified Terms, you must cease using TCL Channel.
1.3 Personal information which we collect or that we otherwise obtain in connection with your use of TCL Channel is handled in accordance with our Privacy Policy.
1.4 There may be other products and services offered by TCL which are associated with the TCL Channel features and functionalities. The use of such other products and services shall be governed by separate terms and conditions, available here.
2.1 You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your jurisdiction. If you do not meet the above requirements, your legal guardian must provide consent to your use of TCL Channel. If you are located in the United States, you must be age 13 or above to use TCL Channel services. Children of all ages may use TCL Channel Kids (where available) if enabled by a parent or legal guardian.
2.2 Integrated on the Roku TV operating system, TCL Channel is an entertainment resources aggregation platform which allows you to search, discover and watch videos, films and other audio-visual contents, create your own movie collection and connect with other TCL Channel users who share the same interest.
2.3 TCL Channel’s key features include:
(A) browsing and searching for video content and watching them either directly within TCL Channel or by re-directing to a third party service provider;
(B) creating and managing your own favorite movie collections as well as being able to “like”, comment on and subscribe for collections of other users; and
(C) creating your avatar and unlocking new roles and outfits by earning experience points.
2.4 You can use parts of the service available in TCL Channel, such as browsing and searching for Content, without having a user account. However, you are strongly recommended to sign up for a TCL account and log in to your TCL account in order to enjoy the full range of features and functionalities within TCL Channel. The registration and use of TCL accounts shall be governed by the terms and conditions of the TCL accounts. You are responsible for maintaining the confidentiality and security of your TCL account. In the event that your TCL account credentials are lost, stolen or you find someone else using your TCL account without your consent, you must notify us as soon as possible using the details set out below, to mitigate any loss, avoid any potential violation of applicable laws and regulations and to retrieve your TCL account and password.
2.5 The products and services accessible on TCL Channel may vary at different locations. We may update, remove or change features and functionalities of the TCL Channel from time to time. Your enjoyment of TCL Channel may depend on your installation of the latest version of TCL Channel, your device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or the requirements of applicable law from time to time. To use TCL Channel and associated services, you may need compatible hardware and software, such as the Roku TV device and its operating system (and from time to time, this may require you to download and install the latest versions of such software). Internet connectivity is also required.
2.6 Some of our products and services may require payment from you. You acknowledge and agree that we reserve the right to charge for such products and services and to adjust the prices (and applicable taxes, as required by applicable law) from time to time. We will give you an opportunity to review these changes before they go into effect. You may elect not to continue to receive certain products and services if you disagree with such price changes. These charges are in addition to any other charges and fees that third parties may impose.
2.7 We may subcontract any part of our services to our chosen service providers or another one of our subsidiaries or affiliated legal entities at our sole discretion.
3.1 You represent, warrant and undertake that:
(A) your sign-up and use of the TCL Channel are and will be for personal, private and non-commercial purposes only;
(B) you will not, and will not aid or assist any person to, use TCL Channel for any commercial, unlawful or illegal purpose, or encourage any person to violate these Terms and any ancillary terms and conditions;
(C) you will at all times, in connection with sign-up and use of TCL Channel, comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
(D) all information (including personal information) that you provide to us is true, accurate and complete at the time provided, and you will promptly notify us in the event of any change to such information. We will not be responsible for any loss suffered from you being unable to use your TCL Channel or any product or service dependent on you having certain verified details on your TCL account, if it is caused by you providing incorrect, incomplete, or false information to us. Without limiting anything in this clause, you must not impersonate or misrepresent yourself as another person and we reserve the right to reject, block or deactivate a TCL account which is suspected to be an impersonation, misrepresentation or misappropriation of another person’s name or identity;
(E) you will not use TCL Channel in any manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable as determined by TCL in its sole discretion.
4.1 When using TCL Channel, you may view or access products, services, apps, websites, links or content provided or published by third parties that are not under the control of or maintained by TCL (“Third Party Content”).
4.2 Your access to some Third Party Content may require payment to a third party service and/or you having valid and current user account with a third party service. The use by you of the Third Party Content (whether free or paid) creates a direct relationship between you and the relevant third parties, and such use may be subject to additional terms of use imposed by such third parties (including website terms of use or other contractual terms). We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. Any information you provide directly to a third party for accessing Third Party Content will be subject to the privacy notice or any similar terms that such third party provides to you, and to the extent such information will not be accessed and used by TCL, you will not be subject to and may not rely upon our Privacy Policy with respect to such information. Be aware when you leave TCL Channel and visit a third party website or application; we suggest you read the terms and privacy policy of the third party website and service that you visit.
4.3 We are responsible only for providing the TCL Channel platform. You acknowledge that all Third Party Content is provided by third parties and TCL:
(A) does not make any representation or warranty, express or implied, with respect to the use of Third Party Content via TCL Channel;
(B) does not guarantee the accuracy, veracity, reliability, completeness, usefulness or adequacy of any Third Party Content accessible via TCL Channel;
(C) does not make any endorsement, express or implied, of any Third Party Content accessible via TCL Channel; and
(D) is not otherwise responsible for any Third Party Content.
4.4 TCL may pre-screen, review, filter, modify, refuse, label, monitor or otherwise moderate any Third Party Content, or to remove or disable your access to it in our sole discretion for any reason. You acknowledge that there is a risk that you might be exposed to unlawful, intrusive, immoral or offensive content or content that is otherwise contrary to the standards and expectations of TCL. TCL is a provider of hosting services for Third Party Content. To the maximum extent permitted by law, TCL excludes all responsibility for any consequences resulting from your use of Third Party Content. However, (and without limiting anything else in these Terms), if you believe that any content that appears on TCL Channel is unlawful or violates any third party intellectual property rights, please raise your concerns immediately with our legal department at the email address: tcl.channel@tcl.com.
4.5 You acknowledge that Third Party Content is subject to the proprietary rights or intellectual property rights of third parties. You must not use, modify, lease, lend, sell, distribute or otherwise deal with all or any part of the Third Party Content without authorization from the relevant rights owner and you agree that you will not create derivative works based on all or any part of Third Party Content.
5.1 For the purposes of these Terms, “intellectual property rights” means copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether registered or unregistered (anywhere in the world).
5.2 TCL reserves all intellectual property rights in or relating to the design, logo, picture, layout, software, texts, graphics, links and sounds and any other form of contents (excluding the Third Party Content) in relation to the TCL Channel.
5.3 TCL grants to you a limited, revocable, non-transferable, non-exclusive license to install and use the TCL Channel application on any compatible Roku TV device (whether downloaded or pre-installed) that you own or control.
5.4 You must not, and will not aid or assist any person to:
(A) copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and do other acts that analyze or replicate the source code, structure and concept of any of the TCL Channel software or its component parts or circumvent or attempt to bypass any technological protection measures in or relating to TCL Channel; or
(B) rent, lease, lend, sell, redistribute or sublicense reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of TCL Channel software or its component parts.
5.5 With respect to all information or comments you publish using your TCL account, you warrant that you are the owner (right holder) or have obtained legal authorization and that your publication will not infringe the legitimate rights or interests of any third party. You grant to us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use and reproduce any content or information belonging to you that you provide to us or that we collect from you, to the extent necessary to provide TCL Channel to you and others, and from time to time to improve our products and services. In the event that any third party raises any objection to the abovementioned information or content, we reserve the right to delete the relevant information or content and the right to take corresponding legal action against you. To the extent permitted by applicable law, you shall pay full compensation for any losses thus caused to us or any third party.
6.1 Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.
6.2 Without limiting clause 6.1, we may collect information about your device and your use of TCL Channel to help us analyze and improve our products and services or to recommend content which you may be interested in. We may also place advertisements on the platform or send marketing messages to you. We will do so in accordance with our Privacy Policy and applicable laws.
7.1 You acknowledge and agree that TCL Channel is provided to you on an “as is, as available” basis.
7.2 To the full extent permissible by applicable law, TCL and its partners, suppliers, and affiliates:
(A) disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of TCL Channel or any information made available by or through TCL Channel, including but not limited to the implied warranties of merchantability, satisfactory quality, accuracy, title, fitness for a particular purpose and non-infringement;
(B) do not warrant that use of TCL Channel will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that TCL Channel is free of viruses or other potentially harmful components; and
(C) do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via TCL Channel, including content uploaded by other people, advertisements, publicity or any other information of other people that you obtain via your TCL Channel (Third Party Information). You acknowledge that all Third Party Information is uploaded and provided by third parties and we make no undertakings, warranties or representations regarding any rights thereof and assume no responsibility for any consequences resulting from your use of such Third Party Information. You use such Third Party Information at your own risk and must judge the authenticity thereof by yourself and take precautions against any possible risk that might arise in connection with such Third Party Information. You might be exposed to some offensive, improper or objectionable information when receiving services via your TCL Channel. To the maximum extent permitted by law, we will not be liable for such information. We are not liable for any direct, indirect, collateral, derivative or other losses and liabilities for any transaction or action in which we are not a direct party. If you wish to complain about content uploaded by other users, please contact us using the details set out below.
7.3 You acknowledge that there are inherent risks in using Internet-based services, including data privacy and security risks. In view of the particular nature of Internet-based services, you understand and agree that we do not assume any liability or responsibility for any direct, indirect, collateral, derivative or other losses or liabilities (including but not limited to losses in property, revenue, data files and other aspects or other intangible losses) that you may suffer in the course of using TCL Channel in connection with events out of our control, including without limitation:
(A) malfunction of or inability to operate or use TCL Channel normally due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(B) interruption, delay or malfunction of or inability to operate or use TCL Channel caused by viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet providers, system maintenance or any other reason beyond our control;
(C) interruption, termination, delay or malfunction of or inability to operate or use TCL Channel caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(D) interruption, delay or malfunction of or inability to operate or use TCL Channel due to internet connectivity issues; or
(E) losses or liabilities you may suffer due to your unlawful or improper use of TCL Channel or any breach of these Terms by you.
8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. TCL will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, punitive or consequential (including any loss of data, revenue or profit, or damages arising from personal injury or wrongful death) arising with respect to your use of TCL Channel, even if TCL has been advised of the possibility of such damages.
8.2 To the extent permitted by applicable law and subject to clause 8.1, in the event that we incur any liability in connection with these Terms, the operation of TCL Channel or the provision of Services and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.
8.3 Subject to clause 8.1, our overall and aggregate liability to you in connection with your use of TCL Channel will be limited to (where relevant) the total fees paid to TCL in the last twelve (12) months.
8.4 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
8.5 Subject to clause 8.1, you will indemnify and keep indemnified TCL, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit in using TCL Channel or the Services that are not permitted by these Terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of TCL Channel or the Services (even if you did not authorize that use or misuse).
8.6 You acknowledge that TCL Channel is intended for domestic and private use and we will not be responsible for indirect loss, consequential loss, loss of income, revenue, profits, business or business opportunity, business interruption, or any loss of data or corruption of data in connection with your use of TCL Channel or the Services.
8.7 Without limiting clause 8.5, if you breach these Terms and to the extent permitted by law, you will be liable to TCL, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by TCL as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.
8.8 We are not liable to you for:
(A) any acts or omissions we make in accordance with any requests made by you; or
(B) any acts or omission we make (including disclosure of any information relating to you or your TCL Channel) where such act or omission is required or permitted by applicable law or regulations, orders, rulings or requests of judicial, administrative, and other authorities.
9.1 You understand and agree that we have the right to terminate all or any part of the TCL Channel services temporarily or permanently based on our operational policies and subject to the applicable laws at any time, or for any of the reasons set out in these Terms. We will endeavor to promptly notify you about the suspension or termination of TCL Channel according to applicable law, including by general notice on our websites and platforms. We recommend that you pay close attention to our websites and platforms for any notices, promptly backup your information and messages held or accessed via your TCL account and retrieve anything belonging to you held or accessed via your TCL account as necessary. We will not be liable to you to the extent you fail to take necessary measures to protect your information and properties held or accessed via your TCL account.
9.2 We may also terminate or suspend your TCL account (at our sole discretion) in the following circumstances (without liability whatsoever to you):
(A) any breach by you of these Terms or any other terms and conditions relating to our services which are mentioned in these Terms;
(B) if required by applicable law, regulation or government action or if requested by law enforcement, a judicial body or other government agency;
(C) due to technical or security issues or problems beyond our control;
(D) any unlawful or fraudulent activity on your behalf;
(E) if we decide to discontinue TCL Channel or replace it with an alternative service; and/or
(F) for any other reason with 30 days’ prior notice subject to applicable law. Unless otherwise specified in these Terms, termination will not affect rights, obligations and liabilities accrued before the date of termination.
10.1 These Terms are governed by the laws of the state of New York, United States.
10.2 To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of TCL Channel, TCL and you shall attempt, promptly and in good faith, to resolve any such dispute. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent state or federal court located in New York, New York. This does not affect your right to start proceedings to protect your legal position.
11.1 If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.
11.2 These Terms constitute the entire agreement between you and TCL with regard to your use of TCL Channel, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such use are hereby superseded and cancelled.
11.3 If you have any questions, comments or concerns about these Terms, please contact us at: tcl.channel@tcl.com.