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Introduction

These Terms and Conditions ("Terms") govern your use of our platform www.channl.com (the "Site") and any services provided through the Site.

The Relationship Between Fans, Creators, and Channl

Channl is an online platform that connects Creators with their Fans. A Creator is a person (or group of people, or a company, association, partnership, or other form of undertaking, or their representative) who creates and/or distributes creative, cultural, or other content, or otherwise engages with supporters of their activities. Fans are people who seek to engage with or follow the activities of a Creator, including to purchase content from them or otherwise provide financial support for their activities. Channl provides an online platform which facilitates many forms of interaction by and between Creators and Fans, including processing financial transactions associated with that interaction. Channl acts as an intermediary platform, and is not responsible for the activities of any Creators, Fans, or any other third parties on the platform, or any interactions between them, whether financial or otherwise.

1. Acceptance of Terms

By using the Site, and any of the services (together with the Site, the “Services”) offered by Channl (including its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “Channl,” “we,” or “us”), you accept and agree to be bound by these Terms and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site.

You are also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, including the Community Guidelines and User Generated Content Policy, which are incorporated in these Terms by reference.

2. Fees and Payments – Terms for Creators

  • Creators may sell products and services to fans through the Site, including digital content, physical merchandise, and subscriptions. You set the prices for your products and services ("Prices") and may change them at your discretion. However, Channl may redistribute previously purchased products to users who have received corrupted, incorrect, or incomplete copies, or lost their product through hardware failure, on a no-fee basis. Fans may also redownload any previously purchased content. No additional payments will be made to you for such redistributions.
  • To participate in certain transactions, you may need to open an account with a third-party payment processor (e.g., PayPal, Stripe) and agree to their terms. By monetizing your products and services, you designate us as your agent for processing transactions and authorize us and/or our third-party payment processor to collect payments on your behalf.
  • Channl is entitled to a share of the revenue from transactions ("Revenue Share"), calculated on your gross revenue (net of third party fees for delivery), excluding refunds. You are responsible for any Stripe fees, PayPal fees, credit card transaction fees ("Fees"), bad debts, disputed payments, and refunds, except as stated in this Agreement.
  • In certain jurisdictions, tax regulations may require us to collect, report, and/or withhold taxes from payouts to you. When required by law we will report and remit any required taxes to the relevant authority. You must provide us with any information necessary for fulfilling our tax obligations.
  • For Transactions, Fans will pay the purchase price and any applicable fees, charges, and taxes. You will receive the gross proceeds minus the applicable Revenue Share and Fees ("Creator Payout"). We may retain funds if we are required to, or choose to provide a refund on your behalf, or if there is an outstanding Revenue Share owed to Channl.
  • For subscriptions, payments received from users will be directed to you ("Subscription Fee"), minus the applicable Revenue Share, taxes (if we are liable for paying the relevant tax on sales to fans), and any applicable fees directed to Channl.
  • For crowdfunding campaigns, the gross amount raised from fans will be directed to you ("Crowdfunding Fee") once the conditions of the crowdfunding campaign have been met, minus the applicable Revenue Share, taxes (if we are liable for paying the relevant taxes), and any applicable fees directed to Channl.
  • If a payment you receive for a transaction is later invalidated for any reason, you may be liable to Channl or the payment processor for the full transaction amount plus any Fees. You agree to allow us to recover any amounts due by debiting your account or instructing our third-party payment processors to direct such amounts to us. If there are insufficient funds, you agree to reimburse us through other means.
  • Channl retains the right to halt the offering or sale of goods or services, restrict access to the Site or Services, or take other actions in case of technical problems, objectionable material, inaccurate listings, or other prohibited actions. This may include halting already concluded sales upon receiving notifications of infringement or becoming aware of infringing material.
  • Creators defined as "traders" under UK or EU laws must identify as such. Failure to do so may result in penalties. Traders must comply with UK and EU consumer laws, including a 14-day return policy for physical products sold to UK and EU consumers. If we refuse or suspend your operations on the Site, you have the right to complain by emailing [email account]. Our in-house counsel will review your complaint and respond within eight weeks.
  • Additional Fees: Channl reserves the right to charge fees for additional features, such as Pro accounts, community management, website creation, strategic advisory services, or other consulting or professional services. Should you subscribe to these features or services, you must pay all applicable fees. We may change our price list and institute new charges with thirty (30) days prior notice, sent by email or posted on the Site. Continued use of the Service constitutes acceptance of new charges.

3. Third-Party Sites

The Service may link to other websites, which are not under Channl's control. We are not responsible for the content, accuracy, legality, or any other aspect of such websites. Links do not imply endorsement by Channl. We are not liable for any damage or loss caused by reliance on third-party content, goods, or services.

4. Content and License

The Service contains content provided by Channl or its partners, protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights. You must abide by all copyright notices and restrictions.

Channl grants users a non-exclusive, non-sublicensable, non-transferable license to use, modify, and reproduce content for personal, non-commercial use. Commercial use of content is prohibited without prior written permission.

5. Intellectual Property Rights – Creators

  • Creators retain ownership of their uploaded content but grant Channl a license to reproduce, distribute, publicly perform, display, create derivative works of, and otherwise exploit the content as part of the Service. This includes enabling users to receive public performances and displays of the content and reproduce it on their devices for non-commercial purposes.
  • Creators grant Channl a license to use their trademarks in connection with the Service. By uploading content, Creators represent and warrant that they own or control all rights to the content, have permission to use any identifiable individuals' likenesses, and can grant the necessary rights to Channl.
  • If a Creator's agreements with third parties prohibit granting these rights, the Creator must not upload the content and will indemnify Channl against any claims arising from such exploitation.

6. By Uploading Music or Artworks to the Site:

  • You represent and warrant, and can demonstrate to Channl’s full satisfaction upon request, that (i) you own or otherwise control all rights to your Music and Artworks (or that such Music and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Music or Artworks as set forth in this Agreement (hereinafter “Direct Licensed”); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Music you upload to the Service and to the Artworks; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms of Use.
  • You represent and warrant that the use or other exploitation of your Music and/or Artworks by Channl and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights.

7. Termination

Channl reserves the right to suspend or terminate your access to the Site and the Services at any time for any reason. Upon termination, you must cease using the Services and any content provided by Channl.

8. Limitation of Liability

Channl will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the Site, even if Channl has been advised of the possibility of such damages. In no event shall our total liability exceed the amounts you have paid to us for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Channl, its officers, directors, employees, agents, and affiliates from any claim, loss, liability, or expense (including attorneys' fees) arising out of your use of the Site or violation of these Terms.

10. Governing Law

These Terms are governed by the laws of the state or jurisdiction in which Channl is headquartered. Any disputes arising from these Terms shall be resolved in the competent courts of that jurisdiction.

11. Dispute Resolution and Arbitration

Since Channl is not the buyer or seller in any transaction between Fan and a Creator, and is not the agent of either party for any purpose, Channl does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any Purchase. Creators are individually responsible for compliance with all consumer rights laws applicable to their sales, including EU and UK Consumer Rights Laws.

Pre-arbitration dispute resolution: For any and all disputes, claims, or controversies you may have against Channl (“Disputes”), whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute informally by contacting us through this email address: [email address] with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within forty-five (45) days after receiving your notification, then you may pursue resolution of the Dispute in arbitration.

Binding Arbitration: Any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Los Angeles County, California, using the English language, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. The arbitration will be conducted by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration will be entitled to reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection with the arbitration. Judgment upon the award rendered by the arbitrator may be entered in a court having jurisdiction, or application may be made to such a court for judicial acceptance of any award and an order of enforcement, as applicable. Channl will have the sole right, at its discretion, to join together similar disputes for joint arbitration. Notwithstanding the above, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

12. Integration and Severability

These Terms constitute the entire agreement between you, Channl, and any other entities with respect to the Service and use of the Site, superseding all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you, Channl, and any other parties regarding the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided will not be deemed a waiver of any further rights.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Channl, Inc
Email: legal@channl.com
Address: 1600 Rosecrans Ave, Media Center, 4th Floor, Manhattan Beach, CA 90266

Version: 1.0 : Last Updated: 2025-02-03