- Contract Formation
By accessing or using the Service, you agree to be bound by the terms of this Agreement and all terms incorporated by reference. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify you and Magick Television Network for violations of his Agreement. This Agreement does not alter in any way the terms or conditions of any other agreement you or any entity may have with Magick Television Network or its subsidiaries or affiliates.
- Changes
Magick Television Network reserves the right to modify this Agreement or any other policies or guidelines of the Service at any time and in its sole discretion. Any changes will be effective immediately upon posting of revisions to www.MagickTelevisionNetwork.tv, and you will be notified via email of such revisions within 10 days. Your continued use of the Service following notification of modifications confirms your acceptance, though we may at our discretion require you to sign the modified Agreement. If at any time you no longer agree to the current terms, you must stop using the Service.
- Services
Magick Television Network is a global streaming service that provides a curated collection of video and audio content within an online environment that enables you to explore, discover, watch, and share some of the best videos from around the world. We syndicate all video content globally on OTT and Smart TV Devices, and our goal is to place your content on as many networks as possible. You acknowledge and agree that, as part of our ordinary course of business, our content delivery and distribution process may include sharing your Magick Television Networks activity stream through Facebook and other social media platforms, once you have connected your Magick Television Network account with such platforms.
- Account Information
You agree to provide accurate, current, and complete information about you as may be requested on our application form (“Registration Data”); to maintain the accuracy and currency of your Registration Data.
- Copyright
Unless otherwise indicated, the Service and all content, including, but not limited to, films, trailers, audiovisual works, designs, text, graphics, photos, information, data, software, sound files, logos of Magick Television Network or its partners, and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of Magick Television Network or its licensors, partners, or users, and are protected by U.S. and international copyright laws, for the sole purpose of distribution. Magick Television Network does not require exclusivity and upon canceling the distribution relationship with Magick Television Network, you retain all rights to your content uploaded to Magick Television Network..
- User Content and Interactive Areas
The Service includes review and comment areas, forums, message boards, profile information, and other similar areas, both on the Magick Television Network site and on Facebook and other social networks (collectively, “Interactive Areas”), in which you or other users may create, post, link, store, or otherwise make available opinions, questions, data, information, or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce that content. If you post User Content, unless we indicate otherwise, you grant Magick Television Network and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media on or in connection with the Service, and, if they choose, to use the name you submit in connection with such content. You retain any ownership interest in User Content that you may have under copyright and other intellectual property laws, and may terminate Magick Television Network’s license to your User Content by removing the User Content from Magick Television Network.
You agree not to post, upload, distribute, store, create, or publish any of the following:
Types of Prohibited Content
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- Sexually Explicit or Child Abuse Content
- Dangerous, Harmful, Violent or Illegal Actions in Content
- Hateful, Hate Speech or Inciting of any kind, Defamatory, Libelous, or Excessively Vulgar Speech in Content
- Violent, Graphic or Repulsive Content
- Harassment, Threats, and Personal Information in Content
- Spam, Fake Engagement, Scam, Disinformation or Deceptive Content
- Copyright-Infringing Content
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent, or otherwise objectionable material, as determined in Magick Television Network’ reasonable discretion
- User Content that constitutes, encourages, or provides instructions for a criminal
offense, violates the rights of any party, or would otherwise create liability
- User Content that infringes any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
- Unsolicited promotions, political campaigning, advertising, or solicitations
- Private information of any third party including, but not limited to, address, phone
number, email address, Social Security number, account number, or similar information
- Viruses, corrupt data, or other harmful, disruptive, or destructive files
Please see the FCC Rules for further detailed info.
As a provider of interactive services, Magick Television Network is not liable for any statements, representations, User Content, or third-party content provided on the Service and in any Interactive Area, including but not limited to errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Although Magick Television Network has no obligation to screen, edit, or monitor any User Content posted to any of our Interactive Area, Magick Television Network reserves the right, at its absolute discretion, to remove, screen, or edit any User Content at any time without notice.
- Indemnification
You agree, at your sole expense, to defend, indemnify and hold Magick Television Network, its directors, employees, and agents, harmless from and against all actual or threatened suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees and costs) caused by, arising out of, resulting from, attributable to, or in any way incidental to: (i) your use of the Service, the Materials, or the Interactive Areas; (ii) your conduct; (iii) your violation of this Agreement or the rights of any third party; or (iv) any User Content.
- Copyright Complaints
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with pr@MagickTelevisionNetwork.tv.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees incurred by us or the alleged infringer, as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity.
- Termination
Magick Television Network reserves the right, without notice and in its sole discretion, to terminate your license to use the Service or Materials, and to block or prevent your future access and use if you have in any way violated any of the FCC Rules & Regulations.
If you wish to cancel your Magick Television Network Service, we require a 30-day notice on any 6 month contract or 90 day notice for annual distribution contracts.
- Payment Plan
If you are on a payment plan or monthly payment, and the payment is not received within 72-hours of due date, your contract will be terminated with no refunds available. No exceptions.
- Licensing Opportunities
Licensing opportunities may arise due to the promotion of your Studio Shows on our Channel. If you are offered and accept a licensing or sale of your content you agree to pay Magick Television Networks a 20% fee of the total amount agreed upon.
12. MAGICK TELEVISION NETWORK AND MOUNTAIN WITCH PRODUCTIONS DISCLAIMER:
