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Terms and Conditions

Welcome to Magical Mind TV’s Terms of Use! We are truly excited to have you aboard. Thank you for joining us.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.

Please read these terms and conditions of use carefully. By accepting these terms or accessing or using magicalmindtv.com, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use magicalmindtv.com or any of its services.

TERMS AND CONDITIONS OF USE

1. Introduction.

1.1 Magical Mind TV® (“MMTV”,We”, “Us”, “Our”) grant access to this website (the “Website”) to You (“You”/“Your”) subject to the terms and conditions set out below (“Terms”) and the terms of Membership (the “Membership Agreement”) and the Privacy Policy respectively.

1.2 Please read these Terms carefully as they regulate and govern the use by You of this Website and, in conjunction with the Membership Agreement, the contractual basis upon which you will be able to use Our services and the products of Our services. If you do not read, fully understand and agree to the Magical Mind TV Terms, you must immediately leave Our Website and avoid or discontinue all use of Our Services.

1.3 By accessing this Website, You hereby irrevocably accept and agree to be bound by these Terms and you represent that you are at least 13 years of age. If you are between the age of 13 and 18 years old, you may use this Website but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1.4 All terms used herein shall bear the same meaning as defined in the Membership Agreement, unless otherwise noted.

2. Disclaimer.

2.1 We, nor any of Our future employees, volunteers or sub-contractors, make any warranty or representation, express or implied:

2.1.1 Regarding the accuracy or completeness of any information contained on this Website or any website referred to or otherwise linked to or associated with it;

2.1.2 That the information on this Website is suitable for the purposes for which You may need it or use it; or

2.1.3 that Your use of materials and Content displayed on this Website will not breach third party rights.

2.2 This Website is provided by Us on an “AS IS” and “AS AVAILABLE” basis and We disclaim all warranties relating thereto, including non-infringement, accuracy, reliability and quality of products, Content, or services. We accept no responsibility for any “downtime” nor do We warrant an uninterrupted Use by You. We hereby reserve the right to amend, modify, suspend or discontinue the use of this Website in Our absolute discretion at any time without prior written notification to You. You hereby agree that We are not responsible or liable for any loss, damage or otherwise for any error, omission, amendment, modification, suspension of Membership or discontinuance of the Website.

2.3 We cannot be held responsible for the content of any pages reached by an external or third party link. You are strongly recommended to review the website usage terms and other relevant terms (if any) of any such external or third party website for Yourself, especially where you intend to download or use text, images, software and other materials.

2.4 Any reference on this Website to any persons, products, websites or services does not constitute or imply their endorsement, recommendation or favouring by Us, or Our future employees, volunteers  or sub-contractors.

3. Restrictions on Use of Website.

3.1 Except for intellectual property in Content owned by You which is uploaded or otherwise posted to the Website, any and all Intellectual Property Rights therein belong to Us or to other content providers.  We are the owner of the trademark Magical Mind TV®™ and without Our prior permission, you agree not to display or use the Magical Mind TV®™ in any manner. All other trademarks, service marks, product and service names and company names or logos that appear on the Website are the property of their respective owners.

3.2 For the avoidance of doubt, the use of Content or any part of the Content, except in accordance with the Membership Agreement and Terms, including (without limitation) any modification, publication, transmission, incorporation, reproduction of, or creation of derivative works based on, the Content or any part of the Content (whether by linking, framing or any other method) is strictly prohibited, whether it is for a commercial or non-commercial use.

4. Information and Content You submit to Us.

4.1 Personal information about You which You submit to Us will be governed by the terms of Our Privacy Policy and used only in accordance with the principles set out by applicable Austrian data protection laws.

4.2 With regard to any Content uploaded or otherwise posted to the Website You hereby agree and warrant as follows:

4.2.1 Unless otherwise stated in writing by You, such Content is not confidential or proprietary and We shall be free to use any such Content in any manner for any purpose without charge or liability to Us and You hereby agree not to take any action against Us in relation to the use of such Content or information;

4.2.2 You own or otherwise control the rights in and to such Content and You have all approvals, licenses, consents and/or waivers necessary to exploit and use the Content.  Any use of the Content on or via this Website does not infringe any rights of any other third party, including copyright, trademark, trade secret, privacy and publicity rights or otherwise breach any agreements or compromise other obligations You may have with any third party;

4.2.3 You have taken all reasonable steps to ensure that the Content is free from any known computer viruses, or other contaminants, including but not limited to any code or instructions that may be used to modify, damage, disable or compromise the security of this Website, or Our computer operating systems or networks.

4.3 You acknowledge and agree that Magical Mind TV is allowed to broadcast an unlimited number of transmissions of your uploaded file(s) (terrestrial, via cable and on the Internet as livestream) as well as on demand streaming.

4.3.1  Should any claims by a third party arise against Magical Mind TV in relation to the broadcasting of the uploaded file(s) that is/are the subject of the contract, the contracting partner(s) shall indemnify and hold Magical Mind TV harmless against said claims.

4.4  You acknowledge and agree that Magical Mind TV is allowed to use, edit and incorporate your uploaded file(s) including but not limited to:  (GIF; Photography, Animation; Desugn and Footage) in the TV Show; to edit as needed with sound effects, special effects, digital effects and music; and the unlimited advertising and promotion of that Material in connection with the Artist and TV Show’s  advertising, publicity, public displays, and exhibitions, by any method or device now known or hereafter devised in which the same may be used.  All artists retain full copyrights for their own work.  Your uploaded file(s) may be included in the screenings and projections at arts institutions and festivals worldwide. Magical Mind TV will always notify the owner of the artwork before such an inclusion is made.  

 

5. Your Conduct.

By agreeing to be bound by these Terms and the Membership Agreement, You hereby agree not to use the Website to:

5.1. harvest or collect email addresses or other contact information of other users for the purposes of sending unsolicited emails or other unsolicited communications;

5.2 intimidate, harass, or otherwise harm another User;

5.3 upload, post, transmit, share, store or otherwise make available any Content that We may deem, at Our ultimate discretion, to be harmful, threatening, pornographic, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, discriminating or otherwise objectionable;

5.4 provide fraudulent Member information or otherwise leak your Member information;

5.5 impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, or Your affiliation with any person or entity;

5.6 upload, post, transmit, share, store or otherwise make available any private information of any third party, including, addresses, phone numbers, email addresses, credit card numbers or other intrinsically personal information not already publicly available;

5.7 solicit personal information from anyone or solicit passwords or personally identifying information for any commercial or unlawful purposes;

5.8 upload, post, transmit, share or otherwise make available any information material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

5.9 upload, post, transmit, share, store or otherwise make available information material or Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any applicable law; or

5.10 damage, disable, overburden or impair the Website or otherwise use the Website in an unlawful manner.

6. Termination.

6.1 These Terms shall come in to effect upon Your first use of the Website.

6.2 We reserve the right at any time to immediately terminate or suspend Your use of this Website or Your Membership, delete Your profile together with any information materials and Content that You have posted on this Website and/or prohibit You from using or accessing this Website or any part or parts thereof for any reason including but not limited to if We believe that You are in breach of the Terms and Conditions, the Membership Agreement or Our Privacy Policy.


7. Limitation on Liability.

To the maximum extent permitted by law, in no event will We be liable for any direct, indirect, incidental, special, consequential or any other damages or losses whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), resulting from Your use of, or inability to use, the materials and information contained in this Website, Content posted to this Website, viruses that may affect or damage any electronic equipment, and all other matters arising out of or in connection with these Terms, the Membership Agreement, Privacy Policy or any Project Agreement.

 

 

8. Indemnification.

You agree to defend, at your own expense, any action, dispute or claim brought against Us or Our employees, agents or sub-contractors, and agree to indemnify and hold Us or any of Our employees, agents or sub-contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’  fees, arising out of or in connection with any use made by You of this Website or your Content, including but not limited to any infringement of Intellectual Property Rights or contract rights of third parties and any other use which is a breach of these Terms, the Membership Agreement or the Privacy Policy.

 

9. Revisions.

9.1 We reserve the right to revise, withdraw or restrict access to the Content of this Website in whole or in part at any time without prior notice provided that any payments due or becoming due to You under the Membership Agreement are paid to You.

9.2 For certain Showcases and Design Contests we reserve the right to require You to agree to additional rules and conditions (“Separate Rules”). The Separate Rules are to be read in connection with the standard Membership Agreement and Project Agreement, but in the event of a conflict, the Separate Rules will govern. We will always ask you to review and agree to Separate Rules before submitting your Creations.

9.3 We reserve the right to revise in part or whole these Terms and Conditions. Please check this page periodically for changes to these Terms. Your continued use of this Website following the posting of changes to these Terms constitutes Your acceptance of the changes. This page was last updated on June 21, 2016

10 Severability.

If any provision or term of these Terms, Membership Agreement or any part thereof shall become or be declared illegal, invalid or unenforceable for any reason whatsoever then any provision, that term or part shall be revised or divided from these Terms and/or Membership Agreement so as to effectuate the intent of the parties as closely as possible. Any and all remaining parts thereto shall remain in full force and effect.

11. Miscellaneous.

11.1 These Terms together with the Membership Agreement and Privacy Policy (as may be amended from time to time) constitute the entire Agreement between You and Us and shall supersede any prior agreements between You and Us. In the event of any ambiguity or inconsistency between these Terms and Conditions and the Membership Agreement, these Terms and Conditions shall prevail.

11.2 Any failure by Us to exercise or enforce any right or provision of these Terms and Conditions, the Membership Agreement or the Privacy Policy shall not constitute a waiver of such right or provision in that or any other instance.

11.3 The Terms, Membership Agreement, and Privacy Policy are English Language contracts and any translation thereof shall be deemed to be for informational purposes only.

11.4 You agree the Terms, Membership Agreement, and Privacy Policy are subject to the laws of Austria  and shall be subject to the exclusive jurisdiction of the Courts of Austria. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship.

11.5 We are a project and therefore a part of IN MEDIAS RES Association  registered in Vienna / Austria under  registered nu: 475248741 Except where otherwise stated, all communications regarding this Website should be addressed to office@magicalmindtv.com.

11.6 These Terms, the Membership Agreement, the Project Agreement and the Privacy Policy and Rules shall apply to You jointly and severally where “You“ is more than one individual.

 

 

 

 

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Magical Mind TV® Privacy

Introduction

 

Your privacy is a big deal to us, worrying about it should not be a big deal for you. We are super careful with your information and if you have any questions about our privacy policies, or you need help to opt out of our site, let us know. At any time you are entitled to ask what personal information about you is being collected or held and subject to a small administrative fee to meet our reasonable costs, we will always tell you. Maintaining your privacy is a part of the business of Magical Mind TV®.Magical mind TV® understands the importance of your privacy and in this policy we explain how the collection, storage and use of your personal information is managed. Before accessing any service or feature on Magical Mind TV®, you must read through this policy and accept its terms, if you do not accept its terms you cannot use or access Magical Mind TV®. This is how we protect you.

 

Personal Information

 

As with all online communities, Magical Mind TV® stores the personal information you supply in your profile, such as email address, photo, biography, billing information including transaction history, etc. We store this information for our mutual security and convenience. Under no circumstances will we ever give away or sell your personal information, unless we are legally required to do so. All data comprised of your personal information is stored on our secure servers as well as with reliable outside hosting contractors. Your personal information will never be used to generate spam. If you ask us for updates, we will keep you informed of newMagical Mind TV® services and tips to use the site better but don't forget that you can decide what types of emails we send to you through your subscribtion.

 

Usage Information

 

We also collect usage information, which is not personal information readily identifiable to you, but is anonymous information gathered for our own analysis to make the site work better and to better understand the habits, preferences and needs of our members. Unlike your personal information, this anonymous aggregate information is owned by us, Magical Mind TV®, and its collection and use is not subject to the same restrictions which we employ to safeguard the personal information linked to you. For example, we may use data we collect to stop suspended members from registering under a different name or we may use cookies to allow automatic log ins and to customize the user experience.

 

Magical Mind TV® may update this Policy at any time. In the event there are material changes in the way we treat your personal information, we will notify you by email. Unless stated otherwise, our current Policy applies to all personal information that we have about you and your account.

Magical Mind TV Community Policy

Magical Mind TV is open to creative people of all artistic disciplines and skill levels who love spirituality and art. The Magical Mind TV should encourage learning, inspiration and growth as well as positive impact through spirituality that has nothing to do with religion or what someone believes in but with the state of consciousness.

 

Our code of conduct for users is very simple: - Be Nice or Go Home -

 

We want you to share your constructive criticism of others' work with comments and social platforms posts. But like in every spiritual world, you'll be asked to be quiet and leave if you use abusive language or resort to personal attacks.

  • Don't be rude or condescending in your comments on others' work

  • Don't single out a particular user for repeated criticism

  • Don't publicly accuse another user of stealing your original work

If you feel that a user is being unfairly critical or abusive, or in cases of possible plagiarism, please contact us directly and we'll review the issue.