Welcome to the Mystic Circle TV platforms, which are owned and operated by Bey-Clarke Media Group, LLC, a Georgia company and its affiliates (collectively, the “Platforms”).
The Platforms may include some or all of the following: (a) a platform for the use of digital content, which allows end-users to stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site and mobile application, which allows users to purchase products from the Mystic Circle TV online store, and (c) one or more Platforms where other online content (including content provided by Mystic Circle TV, Platforms users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”
- Acceptance of Terms and Agreement to Be Bound.The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Platforms, you agree to be bound by this Agreement, whether you are a “Visitor”(which means that you simply browse one or more of our Platforms) or you are a “Registered User” (which means that you have registered to use the Platforms and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Platforms and/or subscribe to the Services, and you are obliged to exit all of the Platforms and discontinue any and all use of the Platforms and the Services immediately.
- Modifications.We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Platforms. By accessing and/or using any of our Platforms after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Platforms for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Platforms and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Platforms and/or the Services will be subject to this Agreement.
- Age Requirements for Access and Use of the Platforms.By accessing and using the Platforms, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Platforms and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
- 6. Security Components.You acknowledge and agree that the Platforms and the Services, and the software embodied within the Platforms and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by MCTV and/or content providers who provide content to MCTV. You may not attempt to override or circumvent any such security components and usage rules embedded in the Platforms and the Services.
7a. Content. The content available at the Platforms and the Services generally consists of (a) content owned by MCTV, including but not limited to the trademarks, trade dress and “look and feel” of the Platforms and content created and/or acquired and owned by MCTV (“MCTV Content”), (b) content owned by third parties and licensed to MCTV for specified uses on the Platforms and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Platforms and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”
7b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed.
- Ownership of Content.MCTV does claim ownership rights in any User Content that you post on the Platforms or otherwise make available through the Services. You hereby agree to this transfer of ownership. MCTV reserves the right to use User Content at it’s discretion for purposes including but not limited to promotion, marketing, advertising and testimonials.
- Prohibited Conduct.The Platforms and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Platforms and/or the Service to post or other transmit User Content that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
- Responsibility for User Content.You, and not MCTV, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Platforms and/or the Services. MCTV does not control the User Content posted via the Platforms and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Platforms and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will MCTV be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Platforms and/or the Services.
- Rejection and/or Removal of User Content.You acknowledge and agree that MCTV may or may not pre-screen User Content posted on our Platforms, but that MCTV shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Platforms and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Platforms and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, MCTV shall have the absolute right to remove from the Platforms and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of MCTV, or to restrict, suspend, or terminate your access to all or any part of the Platforms and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Platforms and/or the Services by any person, please contact MCTV by email at email@example.com.
- Limited License.MCTV hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the MCTV Content and the Third-Party Content located on or available through our Platforms or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Platforms and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by MCTV as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
- Examples of Limitations on Use.Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Platforms and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of MCTV. Unauthorized framing of or linking to any of our Platforms is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by MCTV from the Platforms and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Platforms and the Services.
- Health and Medical Concerns.Some of the Site Content includes information and instruction relating to exercise, diet, health and fitness, and some of the products and services available through the Platforms and the Services relate to exercise, health, diet and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise, diet or health program or using any health, fitness or dietary products or services that may be described and/or made accessible in or through the Platforms and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. MCTV, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Platforms and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Platforms and/or the Services. The Platforms and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Platforms and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Platforms and/or the Services.
You must always consult your doctor before beginning an exercise, health or dietary program
If you experience any discomfort or pain during an exercise routine, health program or dietary plan you must immediately cease the activity and seek the assistance of a physician.
- Reservation of Rights.MCTV Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. MCTV and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
- International Use.Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Platforms and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
- Take-Down Notices Under the DMCA.MCTV will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for MCTV:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of MCTV, Inc: Content Acquisition and Management Team
Email of Designated Agent: firstname.lastname@example.org
- Registered User Disputes.You are solely responsible for your interactions with other Registered Users. MCTV reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
- Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Platforms or until terminated by MCTV or by you.
You may terminate your status as a Registered User and cancel your account at any time and for any reason, by using the appropriate buttons and links in your account settings on the Platforms. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with MCTV.
MCTV reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Platforms and Services at any time, with or without notice to you, with or without cause, and without liability to you. MCTV shall have no liability to you or any third party because of such suspension or termination or related action for any reason.
All sections relating to your agreements and obligations shall survive any termination of this Agreement, your account, and/or your use of the Service.
Upon suspension or termination, MCTV shall have no further obligation to you.
- Disclaimer of Warranties.You acknowledge and agree that the Platforms and the Services are offered without warranties of any kind whatsoever by MCTV and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
(a) Your use of the Platforms and the Services is at your sole risk. The Platforms and the Services are provided on an “as is” and “as available” basis. MCTV and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “MCTV-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the Platforms, and any third party Platforms with which they are linked.
(b) The MCTV-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Platforms and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Platforms and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Platforms and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Platforms and/or the Services, and/or if you use any product or service that you receive or learn about through the Platforms and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the MCTV-Related Parties MCTV from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) The MCTV-Related Parties make no warranty that the Platforms or the Services, the Site Content, and/or the information, products and services available through the Platforms or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Platforms or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the MCTV-Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of our Platforms or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
- Waiver of Claims.You hereby waive, release and discharge the MCTV-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
- Limitation of Liability.To the fullest extent permitted by applicable laws, the MCTV-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Platforms and/or the Services, and/or any Platforms with which they are linked, and/or any content, information, products or services accessible through the Platforms and/or the Services, even if any of the MCTV-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the MCTV-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MCTV for the Services.
- Severability.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by MCTV. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
- Indemnity.You agree to indemnify, defend, and hold harmless the MCTV-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. MCTV will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Modification and Discontinuation.We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Platforms and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Platforms and/or the Services.
- Choice of Law and Forum.This Agreement and the relationship between you and MCTV shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and MCTV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia.
- No Waiver.The failure of MCTV to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
- Statute of Limitations.You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platforms, the Services or this Agreement must be filed within one (3) months after such claim or cause of action arose or be forever barred.
- Relationship of the Parties.You and MCTV acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
- Binding on Successors.This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that MCTV is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
- Notices and Questions.If you have any questions regarding this Agreement, please contact us by email at email@example.com. Except as otherwise specified elsewhere in this Agreement, notices to MCTV may be given at the foregoing email, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from MCTV.