Channel Fight – VOD & Social Media Services
1. About Us and these Terms and Condition
1.1. Welcome to Channel Fight. The service is made available via iOS and Android apps, and via various other Compatible Devices and browsers. These Terms and Condition ("Terms") apply to the service however accessed as well as to any related apps or websites we make available, collectively referred to here as the "Service(s)"
1.2. The Service is operated by Channel Fight Limited (“us”, “we”, or “our”). We are registered in England and Wales under company number 10422068 and our registered office is at C/O Bennett Brooks & Co Limited Suite 345, 50 Eastcastle Street, Fitzrovia, London, England, W1W 8EA. Our VAT number is 264379476
1.3. Please read these Terms carefully. They set out the basis on which you are allowed to use the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Notice (as amended from time to time). If you do not agree with or accept any of these Terms, you should cease using the Service immediately. You might want to print a copy of the Terms for your own records.
1.5. Updates. We may update these Terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices. You should regularly check this page to see if any changes have been made.
1.6. Contact Us. If you have any questions regarding these Terms or the use of the Service, please feel free to contact us by emailing our customer services team at firstname.lastname@example.org.
1.7 Accessibility. If you are having trouble accessing these Terms or the Services, please contact us at email@example.com Our hours of operations are: 09:30 – 17:30 GMT and we will endeavour to respond to you as soon as reasonably possible.
2. About the Service – what is available and where.
2.1. Channel Fight is a platform for fight action fans in the UK that comprises a video on demand (“VOD”) entertainment service where registered users may rent or buy movies, documentaries, TV series and instructional courses for immediate streaming and / or downloading on compatible devices.
2.2. Channel Fight is also an aggregator of fight action-related social media and third party videos which allows registered users in the UK to build for free their own personalised wall of content including images, text and video drawn from multiple social media platforms that will display within the Channel Fight app.
2.3. We are not the makers or producers of any of the content or information we make available. We are not endorsing the content or information, instruction or advice contained in any of the content, including the instructional videos. You use this content at your own risk.
2.4. The Service may allow you to access different collections of video content on a purchase, rental, paid or free ad supported or promotional basis, always subject to rules and or a limited license grant as set out in the Usage Rules. The Usage Rules for different categories of content or purchase and viewing options will vary including the time period during which you are authorised to view the content and limitations on the number and type of device on which the content may be downloaded, streamed, and viewed.
2.5. We may personalise content and features as part of the Services, including showing you recommendations of content, features and services that might be of interest to you.
2.6. Compatible Devices. In order to stream or download video content, you will need to use a phone, tablet, personal computer, smart television or other device that meets the system and compatibility requirements that we establish from time to time (a "Compatible Device" ). We may change the requirements for and/or the range of Compatible Devices from time to time.
3. Registration and Creating an Account
3.1. In some cases you may be required to register and/or set up an account to use the Services. To register and/or set up an account you must be aged 18 years or older and resident in a territory where the relevant Service is officially made available by us – certain restrictions regarding territories of availability may apply as set out on the relevant app or website. Those under 18 may only use the relevant account or otherwise use the Service with the permission and under the supervision of the account owner or other responsible adult.
3.2. The account owner is solely responsible for providing (and keeping updated) true and accurate information during sign up and throughout the registration period. The account owner will be responsible for any use of the account or the Service through the account and/or through use of the login or password. The account login and password controls the account and must not be shared with anyone else.
3.3. Please ensure any person accessing the Service through your account is authorised by you and is aware of these Terms and that they must comply with them.
3.4. We may terminate or restrict your use of the Service at any time if you breach these Terms or are engaged in illegal or fraudulent use of the service or we suspect abuse or circumvention of any of our policies or rules including relating to usage, fair use, security or refunds. We may also terminate on reasonable notice for any reason, in which case you will be given reasonable opportunity to download any purchased content.
4. Purchase and Rental of video content - In the event you pay to purchase or rent video content, the following section will apply.
4.1. Usage Rules. The rules explaining your right to download or stream the content and the viewing timescales and number of devices you can view content on is in the Usage Rules.
4.2. You can find specific details regarding your purchases or rentals - such as dates and payments made - by visiting the relevant Account section on the service.
4.3. Payment amounts will be detailed for you at the time you transact. Please note that once you click on the “Confirm Purchase”, “Confirm Payment”, “Buy” or similar button, we will process your payment details and you will not be able to cancel your order, unless you have a legal right to do so.
4.4. Purchased or rented video content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and we will not be liable to you if such video content becomes unavailable for further download or streaming.
4.5. If you are entitled to and choose to download video content you take responsibility for all risk of loss of the video content and we cannot promise to replace any lost content.
5. Cancellation and Termination of any Purchase or Rental
5.1. If you purchase, rent or pay for a service, you consent to the immediate availability of access to, or download of content. You acknowledge that this may affect your right to cancel under the Cooling Off Period below.
5.2 As a consumer, you have the right to cancel your purchase within fourteen (14) days from the date on which we confirm acceptance of your purchase (the "Cooling Off Period" ).
5.3 If you cancel during the Cooling Off Period:
(a) and you have not accessed, downloaded or streamed the video content, we will refund the entire payment received from you;
(b) but if you have already accessed, downloaded or streamed the purchased or rented video content we cannot give you any refund;
(c) including if you have purchased a bundle of content and you have accessed, downloaded or streamed a single item in the bundle, we cannot give you any refund in relation to any of the bundle.
5.4 In any event, we will provide you with any applicable refund amount as soon as possible and will endeavour to do so within twenty one (21) days of the date on which we received your notice to cancel. We will use the same means of payment for your refund that you used for payment.
6.1. From time to time we may run a Gifting scheme. The terms of the scheme may change in that we may limit or vary the number of gifts you may send.
6.2. In general if you are permitted to Gift some content, you may be allowed to send a link to that video content by email to a friend who is not already registered with Channel Fight.
6.3. In the event that a person registers with Channel Fight they may then watch that Gifted video content for free (in accordance with the rental Usage Rules) once they have registered.
6.4. Gifting is only possible to recipients who are not already registered with Channel Fight, and may only be used by recipients aged 18 plus who live in the UK and have a UK-registered credit card.
6.5. Any abuse of the Gifting scheme will result in permanent withdrawal of a user’s ability to Gift.
7. Ratings and Reviews
7.1. Following a rental or purchase of a movie a user may rate and comment upon the associated movie.
7.2. All ratings, reviews and comments must comply with the User Content rules below or may be deleted.
7.3. Channel Fight is not responsible for any Ratings or Reviews and does not endorse or recommend then to other users.
8. Social media module
8.1. Once registered, a user may create within the Channel Fight app a personalised wall of fight action-related social media content by selecting from a list of celebrities and groups presented by Channel Fight.
8.2. The content will made available by Channel Fight and may be drawn from social media sites including from time to time: Facebook, Twitter, Instagram and YouTube.
8.3. At any time you may unsubscribe from any or all of the social media feeds by going to the relevant section within the app and selecting "unfollow".
8.4. Channel Fight is not responsible for any social media content and does not endorse or recommend it to users.
9. User Content Rules, Licence and Warranty / Indemnity
9.1. Registered users may post reviews, comments and other content and otherwise communicate with other users as facilitated by the Service ("User Content").
9.2. Users posting User Content are responsible for such content and warrant that the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; and does not consist of or contain software viruses, political campaigning, commercial messages or solicitation, chain letters, mass mailings or any form of "spam"; and does not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to yourself or the origin of any content.
9.3. If you post User Content, you grant Channel Fight (a) a non-exclusive, royalty-free, perpetual licence to use, reproduce, publish, make available, translate, make derivative works and modify such content throughout the world (including the right to sublicense these rights to third parties) for any purposes related to the provision or promotion of the Services and (b) the right to use the name that you submit in connection with such content. To the extent necessary you waive any moral rights in the User Content you post, including in relation to any right to be given attribution for your content.
9.4. Notwithstanding the above, you represent and warrant that you own or otherwise control all of the rights to the User Content that you post; the User Content is accurate and/or an honestly help opinion; use of the User Content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity.
We are not responsible for any User Content. However, we reserve the right (but not the obligation) to remove or edit such User Content.
11. Copyright and other claims
If you believe that any content on or made available via the Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or content on the Service, please notify us by completing and submitting the appropriate notice form and we will respond.
12. Availability and Conditions of Use
12.1. You can view the Service only in a territory where the Service is officially made available by us. If you are not resident in one of these territories, you are not authorised to access or view the service or content. Different content packages, functionality and prices may apply in different territories.
12.2. The Service, and any content viewed through the service, is for your personal and non-commercial use only. Subject to the other conditions of access such as the requirement to pay for access or use, we grant you a limited, non-exclusive, non-transferable, licence to access the Service and view the video content in accordance with the Usage Rules. Unless and only to the extent permitted in the Usage Rules you may not download, copy, rip or otherwise retain or store any of the video content. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
12.3. You agree to use the Service, including all associated features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content.
12.4. The Service must not be framed on any other site, nor may you establish a link to any part of the Service other than the home page. Otherwise you may link to the Service, provided you do so in a way that is fair and legal and which does not circumvent any financial revenue we may wish to make, does not damage our reputation or take commercial advantage of it or the content, or otherwise create financial revenue outside of the Service.
12.5. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
12.6. To use the Service, you must have internet access and a compatible device, with adequate internet download speeds. We shall not be liable for any failure due to any incompatibility (including, without limitation, minimum storage and memory requirements from time to time). You are responsible for making all arrangements necessary to access the Service. When accessing the Service over your mobile network, you may use and/or exceed your data allowance. Please make sure you are aware of your data allowance or use Wi-Fi where available. We are not responsible for any internet access, data or other charges you may incur when using the Service.
12.7. We may update the Service and we may change the content and services at any time. We reserve the right to withdraw or amend the Service without notice. To the maximum extent permitted by applicable law, we will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if the Service is unavailable at any time for any period.
13. Ownership, use and intellectual property rights in the Service
13.1. The Service and all content (including but not limited to any programmes, video information, text, messages, articles, logos, music, images, photographs, software and other content) is owned or licensed by us and/or our licensors. We and our licensors reserve all rights.
13.2. Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Service belongs to us and/or our licensors. Nothing in these Terms grants you any rights in the service or the content within the service other than the limited access rights permitted herein. All rights not granted under these Terms and Condition are reserved by us.
13.3. You may not at any time modify, copy, store, distribute, transmit, display, revise, perform, archive, download, reproduce, publish, license, deep-link, create derivative works from, transfer, scrape, crawl, extract, reutilise, or otherwise use any information, data or content obtained from or available through the Service unless expressly authorised by us.
13.4. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Service.
13.5. Any software is made available for downloading such as apps is solely for your use in a personal, non-commercial manner. You may not reproduce, redistribute decompile, reverse engineer or disassemble any software or other products or processes accessible through Service.
14.1. Whilst we use reasonable efforts to provide high quality products and services, and to the maximum extent permitted by applicable law, we do not represent, warrant or promise (whether express or implied) that any content or information is or remains accurate, complete and up to date, or is fit or suitable for a particular purpose. To the fullest extent permitted by law, any reliance you place on the information or on the service is at your own risk. Nothing in these Terms shall operate to prejudice or limit any mandatory statutory requirement or your statutory rights.
14.2. The quality or resolution of the content you view will depend on the device you are using, the capability of that device and/or your browser, the speed of your broadband or internet connection, your location, bandwidth available and configuration of your device.
14.3. Occasionally the Service may not be available during any maintenance or update periods or any power or server outages or for other reasons outside of our reasonable control. We always do our best to ensure your access is uninterrupted and error-free, however we can’t guarantee this. If we need to suspend or restrict access to, or update, the Service or content, we will do our best to minimise any disruption to you.
15. Links and third party sites
15.1. The Service and/or the Content may contain links to third party websites and services. If you decide to visit any third-party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that the Service is affiliated to or associated with such sites or services.
15.2. Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from the Service, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
16. Channel Fight warranties and limitation of liability
16.1. We warrant that we will provide the Service with reasonable skill and care and substantially as described in these Terms.
16.2. We make no warranty that the Service will meet your requirements, or that the content will be accurate or reliable. Nor do we warrant that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website is free of viruses or anything else which may be harmful or destructive.
16.3. Whilst we use reasonable efforts to curate content that we anticipate will be enjoyed by our users we cannot be held responsible for any disappointment.
16.4. We use reasonable efforts to identify, curate and or provide instructional video courses we anticipate will be enjoyed by our users, we cannot be held responsible for any omissions, design flaws or teaching errors. We cannot be held responsible for any injuries or death associated with the content.
16.5. Other than any express warranties set forth herein and any rights you have under consumer laws, the Service and content is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and, to the maximum extent permitted by applicable law, without further warranty of any kind whether express or implied, including but not limited to the implied warranties of non-infringement, compatibility, security and accuracy.
16.6. To the maximum extent permitted by applicable law, we shall not be liable under any contract, tort, breach of statutory duty or strict liability, or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, special, incidental, indirect or consequential losses, except to the extent that the loss or damage was incurred as a direct result of our fraud or wilful misconduct.
16.7. In any event, to the fullest extent permitted by law, our maximum liability for direct damages to you shall not exceed the amount equivalent to the fees paid by you in the preceding 12 months.
16.8. We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us or for any other statutory rights which are not capable of being excluded.
16.9. Nothing in these Terms shall affect your statutory rights as a consumer.
17. Your Indemnity to us.
If you are in breach of these Terms, to the maximum extent permitted by applicable law, you will be responsible for and agree to indemnify us in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities (including reasonable legal fees) incurred by us as a direct result of your breach.
18.2. These Terms contain the entire understanding and agreement between us and you in relation to your use of the Service and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
18.3. Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
18.4. The failure by us to partially or fully exercise any rights or the waiver by us of any breach of these Terms and Condition by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Condition. Our rights and remedies under these Terms and Condition and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
18.5. These Terms are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.