Terms of Service

Eligibility and Assent to Terms

Welcome to My Damn Channel! The following Terms of Service for the www.MyDamnChannel.com website and related services, syndication channels, applications, domains and networks offered by My Damn Channel ("My Damn Channel Service") is a legal contract between you, either an individual of at least 13 years of age or a single entity ("You" or, collectively, "Users"), and My Damn Channel regarding your use of the My Damn Channel Service. The My Damn Channel Service is not available to persons under the age of 13 or to any users previously suspended or removed from the My Damn Channel Service by My Damn Channel.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE My Damn Channel SERVICE.

BY CLICKING THE "I AGREE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE My Damn Channel SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE My Damn Channel SERVICE. 

Modification

At its sole discretion, My Damn Channel reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the My Damn Channel Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty (30) days after they are initially posted on the My Damn Channel Service.

Individual Features and Services

When using the My Damn Channel Service, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

User Accounts

In order to access some features of the My Damn Channel Service, you may be asked to register and create an My Damn Channel account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify My Damn Channel immediately of any breach of security or unauthorized use of your account.

Although My Damn Channel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of My Damn Channel or others due to such unauthorized use.

When you use the My Damn Channel Service to view, display, upload or purchase content or any products, services, or information from My Damn Channel, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to My Damn Channel on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify My Damn Channel. You may notify My Damn Channel by emailing info@mydamnchannel.com. You may be liable for the losses incurred by My Damn Channel or others due to any unauthorized use of your My Damn Channel Service account.

Digital Millennium Copyright Act

It is My Damn Channel’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to My Damn Channel’s DMCA Notification Guidelines. My Damn Channel will promptly terminate without notice any User’s access to the My Damn Channel Service if that User is determined by My Damn Channel to be a "Repeat Infringer." A Repeat Infringer is a User who has been notified by My Damn Channel of infringing activity violations more than twice and/or who has had an Uploader Submission or any other user-submitted content removed from the My Damn Channel Service more than twice. "Uploader Submission" as used herein means the upload and distribution of authorized digital content by a User of the My Damn Channel Service. If your account has been terminated because you have been found to be a "Repeat Infringer" you will be prohibited from ever opening another account to use the My Damn Channel Service.

Permission to Use the My Damn Channel Service

Subject to your compliance with the terms and conditions set out in this Terms of Service, My Damn Channel hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the My Damn Channel Service to (i) view, use and access the features and content of the My Damn Channel Service, and (ii) to participate in any other programs, services, or features of the My Damn Channel Service now or hereafter made available by My Damn Channel.

Use of the My Damn Channel Service is for personal, non-commercial use only.

You agree not to use or launch any automated system, including without limitation "robots," "spiders," and "offline readers," that accesses the My Damn Channel Service in a manner that sends more request messages to the My Damn Channel Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the My Damn Channel Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the My Damn Channel Site.

My Damn Channel reserves all rights not expressly granted in this Terms of Service. You acknowledge that My Damn Channel may automatically issue upgraded versions of the software and systems comprising the My Damn Channel Service and, accordingly, may upgrade the version of the My Damn Channel Service that you are using. My Damn Channel reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the My Damn Channel Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Uploader Submissions

The following license includes the right for My Damn Channel to convert your Uploader Submissions to My Damn Channel’s proprietary format, or such other file formats as may be used by My Damn Channel, and to display and make your Uploader Submissions available, in whole or in part, on the My Damn Channel Service in association with other Uploader Submissions, content and advertising that may appear on the My Damn Channel Service. Subject to the license grant to other My Damn Channel Service users below, the following license granted by you terminates as to a specific Uploader Submission once you remove or delete such Uploader Submission from the My Damn Channel Service. By distributing or disseminating Uploader Submissions through the My Damn Channel Service, you hereby grant to My Damn Channel a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your Uploader Submissions, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Uploader Submissions through the My Damn Channel Service.

By uploading your Uploader Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize My Damn Channel and My Damn Channel’s users to use and distribute your Uploader Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by My Damn Channel and this Terms of Service; (2) your Uploader Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Uploader Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the My Damn Channel Service. Violators of these third-party rights may be subject to criminal and civil liability. My Damn Channel reserves all rights and remedies against any Users who violate this Terms of Service.

Further, you understand that when using the My Damn Channel Service you will be exposed to Uploader Submissions from a variety of sources, and that My Damn Channel is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Uploader Submissions. You further understand and acknowledge that you may be exposed to Uploader Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against My Damn Channel with respect thereto. My Damn Channel does not endorse any Uploader Submissions or any opinion, recommendation or advice expressed therein, and My Damn Channel expressly disclaims any and all liability in connection with Uploader Submissions. If notified by a User or a content owner of an Uploader Submission that allegedly does not conform to this Terms of Service, My Damn Channel may investigate the allegation and determine in its sole discretion whether to remove the Uploader Submission, which it reserves the right to do at any time and without notice. For clarity, My Damn Channel does not permit copyright infringing activities on the My Damn Channel Service.

Prohibited Conduct

YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:

  • (i) use the My Damn Channel Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the My Damn Channel Service as such services are offered by My Damn Channel;
  • (ii) delete the copyright or other proprietary rights on the My Damn Channel Service or Uploader Submissions;
  • (iii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the My Damn Channel Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • (iv) use the My Damn Channel Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate Uploader Submissions or other content;
  • (v) defame, harass, abuse, threaten or defraud Users of the My Damn Channel Service, or post, upload, or distribute any Uploader Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the My Damn Channel Service for any commercial use, it being understood that the content available on the My Damn Channel Service is for personal, non-commercial use only;
  • (vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
  • (vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the My Damn Channel Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the My Damn Channel Service, or perform any other similar fraudulent activity;
  • (viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the My Damn Channel Service or Uploader Submissions, features that prevent or restrict use or copying of any content accessible through the My Damn Channel Service, or features that enforce limitations on the use of the My Damn Channel Service or Uploader Submissions, or intentionally interfere with or damage operation of the My Damn Channel Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.;
  • (ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the My Damn Channel Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • (x) modify, adapt, translate or create derivative works based upon the My Damn Channel Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Third-Party Sites

The My Damn Channel Service may include links or references to other web sites or services solely as a convenience to Users ("Linked Sites"). My Damn Channel does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the My Damn Channel Service are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.

Termination for Violations

You agree that My Damn Channel, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the My Damn Channel Service and remove and discard all or any part of your account, User profile, and any Uploader Submission, for any reason at any time. My Damn Channel may also in its sole discretion and at any time discontinue providing access to the My Damn Channel Service, or any part thereof, with or without notice. You agree that any termination of your access to the My Damn Channel Service or any account you may have or portion thereof may be effected without prior notice, and you agree that My Damn Channel 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 My Damn Channel may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the My Damn Channel Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the My Damn Channel Service, (ii) any term of this Terms of Service, (iii) any policy or practice of My Damn Channel in operating the My Damn Channel Service, or (iv) any content or information transmitted through the My Damn Channel Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the My Damn Channel Service.

Privacy

Your privacy is important to My Damn Channel. My Damn Channel’s Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to My Damn Channel’s collection, use, and disclosure of your personal information.

Ownership and Proprietary Rights

The My Damn Channel Service is owned and operated by My Damn Channel. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the My Damn Channel Service provided by My Damn Channel (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Uploader Submissions that are provided and owned by Users, all Materials contained on the My Damn Channel Service are the property of My Damn Channel or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to My Damn Channel or its affiliates and/or third-party licensors. Except as expressly authorized by My Damn Channel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. My Damn Channel reserves all rights not expressly granted in this Terms of Service.

Indemnification

You agree to indemnify My Damn Channel, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the My Damn Channel Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. My Damn Channel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify My Damn Channel, and you agree to cooperate with My Damn Channel’s defense of these claims. Upon notice of any impending claim, action or proceeding, My Damn Channel will use reasonable efforts to notify of any indemnification obligation.

Disclaimer of Warranties

My Damn Channel, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM My Damn Channel OR THROUGH THE My Damn Channel SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES My Damn Channel’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE My Damn Channel SERVICE IS AT YOUR SOLE RISK. THE My Damn Channel SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, UPLOADER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE My Damn Channel SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. My Damn Channel, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, UPLOADER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE My Damn Channel SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. My Damn Channel, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE My Damn Channel SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE My Damn Channel SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL My Damn Channel OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE THE My Damn Channel SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH My Damn Channel OR OTHER My Damn Channel SERVICE USERS, EVEN IF My Damn Channel OR AN My Damn Channel AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, My Damn Channel’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL My Damn Channel OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE My Damn Channel SERVICE OR YOUR INTERACTIONS WITH My Damn Channel OR OTHER My Damn Channel SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE My Damn Channel SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN My Damn Channel AND RECEIVED THROUGH OR ADVERTISED ON THE My Damn Channel SERVICE OR RECEIVED THROUGH ANY LINKED SITES.

YOU ACKNOWLEDGE AND AGREE THAT My Damn Channel HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND My Damn Channel, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND My Damn Channel. My Damn Channel WOULD NOT BE ABLE TO PROVIDE THE My Damn Channel SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

United States Export Controls

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.

Miscellaneous

My Damn Channel may provide you with notices, including those regarding changes to My Damn Channel’s terms and conditions, by email, regular mail or postings on the My Damn Channel Service. Notice will be deemed given twenty-four hours after email is sent, unless My Damn Channel is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the My Damn Channel Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the My Damn Channel Service is deemed given 30 days following the initial posting. The failure of My Damn Channel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by My Damn Channel. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For Users residing outside the United States of America and using the My Damn Channel Service in another territory, any dispute or claim arising out of or in connection with these Terms or your use of the My Damn Channel Services shall be finally settled by binding arbitration in Los Angeles, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside the United States of America and using the My Damn Channel Service in the United States, you agree that any action at law or in equity arising out of or relating to these Terms or My Damn Channel as an entity will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My Damn Channel without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and My Damn Channel relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by My Damn Channel as set forth above. These Terms are governed by the laws of the State of California.

YOU AND My Damn Channel AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE My Damn Channel SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services are offered by My Damn Channel, Inc., located at: 202 W. 40th St., 16th Floor, New York, NY 10018 and email: info@MyDamnChannel.com.