Welcome to MagellanTV! We are a subscription service that provides our members with access to fact-based audio-visual programming, including clips and other content ("MagellanTV Content") streamed over the Internet to certain Internet-connected TV's, computers and other devices.
BY USING, VISITING, OR BROWSING THE MAGELLANTV SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 15, DO NOT ACCESS OR USE THE MAGELLANTV SERVICE.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the Site and view your account details.
We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a "Billing Period." In the event your subscription began on a day not contained in another month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
MagellanTV reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If MagellanTV changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from MagellanTV that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the "Ongoing Subscription and Cancellation" section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account is otherwise suspended or discontinued pursuant to these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the MagellanTV Service. Moreover, you must not Post User Material that: (i) contains unsuitable material; or (ii) improperly claims the identity of another person. Please note that if you Post User Material on MagellanTV using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant MagellanTV the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. MagellanTV will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that MagellanTV does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to MagellanTV. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant MagellanTV a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the MagellanTV Service and on other platforms and MagellanTV Service worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to MagellanTV is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to MagellanTV), fully-paid, royalty-free (meaning that MagellanTV is not required to pay you for the use of your User Material), and sublicensable (so that MagellanTV is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the MagellanTV Service). By Posting your User Material, you also hereby grant each user of the MagellanTV Service a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the MagellanTV Service and under these Terms.
We will process each notice of alleged infringement that MagellanTV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be mailed or emailed to a MagellanTV copyright agent at:
Attention: Copyright Agent
1875 Connecticut Avenue, NW, 10th Floor
Washington DC 20009
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MagellanTV Service that is reasonably sufficient to enable MagellanTV to identify and locate the material; (iv) how MagellanTV can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered.
Notice shall be sent:
to MagellanTV at:
1875 Connecticut Avenue, NW, 10th Floor
Washington DC 20009
Both you and MagellanTV agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against MagellanTV, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that MagellanTV reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in MagellanTV's favor, MagellanTV will not seek reimbursement of our attorney's fees and costs, regardless of who initiated the arbitration. For clarity, this arbitration provision will survive cancellation of your MagellanTV account.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of disputes related to or involving MagellanTV’s intellectual property.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. If you have any questions or comments about these Terms, please contact us at: firstname.lastname@example.org.