Welcome to Mark Roah hosted by Channl! These Terms and Conditions ("Terms") govern your use of our website markroah.com (the "Site") and any services provided through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

Channl is an online platform that connects Creators with their Fans. A Creator is a person (or group of people, 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.

By accessing and 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, all of which are incorporated in these Terms by reference.

You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under the age of 18 but over the age of 12 you may use this site only with the consent of your parent or legal guardian.

You agree not to use the Site to:

You also agree to comply with the more detailed Community Guidelines and User Generated Content Policy, which are incorporated by reference into these Terms and Conditions

The Site and its original content, features, and functionality are owned by Mark Roah and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Channl enables fans (you) to make purchases from Creators, including digital content available for download and streaming through the Service, physical goods or merchandise including personalised or one-off merchandise, recurring subscriptions, experiences, or to contribute to Creator crowdfunding campaigns (each a ”Purchase”). Transactions under this Agreement are facilitated by Channl and our third-party payment processors.

We reserve the right to terminate or suspend your account and access to the Site, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

Fan Personal Information – Use by Channl: Please refer to our Privacy Policy for details on how we collect, use, share, and safeguard personal information. We require each Creator to agree to the terms outlined in the next section of this Agreement. However, you acknowledge that Channl has no control over Creators’ use of personal information about Fans, such as your email address, country of residence, and zip/postal code (“Fan Information”). You further acknowledge and agree that Channl will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Creator’s use of such Fan Information. We may use your personal information to recommend to you other Creators on our platform, or content they create, which we believe that you may find interesting.

Fan Personal Information – Use by Creators: In connection with certain features of the Service, including requiring that Fans provide Creators with their email addresses and other personal information to access the free download option, you may collect certain types of Fan Information. Creators acknowledge and agree that they will not disclose, rent, or sell any Fan Information to any third party. Creators will use the Fan Information only in connection with the Creator’s mailing list or a subscription to the Creator (“Creator Subscription”), to provide fans with general information and news about the Creator, such as upcoming shows, new music, or other content delivered in connection with your Creator Subscription. Creators further agree that any email or other communication sent to the Creator’s mailing list or in connection with the Creator Subscription will comply with email marketing laws and include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e., a functioning “opt-out” mechanism). Creators will promptly implement a recipient’s request to opt-out of receiving emails from you and will not send any further emails to such opting-out recipient.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Mark RoahAND CHANNL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

These Terms will be governed and construed in accordance with the laws of California, United States of America, without regard to its conflict of law provisions. The parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Los Angeles, California.

Since Channl is not the buyer or seller in any transaction between you and a Creator, and is not the agent of either party for any purpose, Channl does not have the duty to resolve 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 Mark Roah, and/or 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: legal@channl.com with the following information: (1) your name, (2) your address and email 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.

These Terms constitute the entire agreement between you, Mark Roah, and Channl 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, Mark Roah, and Channl 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.

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.

These Terms may be translated into another language for your convenience; however, in the event of a conflict between the English version and any translations, the English version will be binding.

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

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