MagellanTV Terms of Use

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.

These Terms of Use (the “Terms”) apply to our website www.magellantv.com (the “Site”) as well as all other websites, apps, and services operated and controlled by MagellanTV, LLC (either “we,” “us” or “MagellanTV”) or a third party affiliate of MagellanTV, and other websites, apps, and services where these Terms are Posted (as defined below). These Terms set forth legally binding terms that govern and restrict your use of our Service. As used in these Terms, "MagellanTV Service," "our Service" or "the Service" means the service provided by MagellanTV for discovering and watching MagellanTV Content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

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.

1. Changes to Terms. We may make changes to these Terms from time to time. If we make material changes (i.e., changes that have an important impact or effect on you), we will post the amended Terms to the MagellanTV Service and update the “Effective Date” date above. We may also notify you by sending an email notification to the address associated with your user account or by providing notice through the MagellanTV Service. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable. Your continued access to and use of the MagellanTV Service after such changes become effective confirms your acceptance of the changes. Your only right with respect to any dissatisfaction with any changes to these Terms is to cancel your subscription to the MagellanTV Service and stop accessing and using the MagellanTV Service.

2. Privacy. Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you, including the account registration information you provide.

3. Electronic Communications. By using the MagellanTV Service, you consent to receiving electronic communications from MagellanTV relating to your account. These communications may involve sending emails to your email address provided during account registration, (e.g., payment authorizations, notices of a change in password or Payment Method (as defined below), confirmation e-mails and other transactional information). You may opt-out to receive other communications from us, such as newsletters about new MagellanTV features and content, special offers, promotional announcements and customer surveys via email or other methods. Subject to your opt-out rights, you consent to receive electronic communications from MagellanTV and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records. If you no longer want to receive certain non-transactional communications, simply unsubscribe using the link provided at the bottom of the communications. Please review our Privacy Policy for further detail on our marketing communications.

4. Accounts and Registration
   1. You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account (if such functionality is available to you), you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the MagellanTV Service. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any MagellanTV representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
   2. We reserve the right to immediately terminate or restrict your account or your use of the MagellanTV Service or access to MagellanTV Content at any time, without notice or liability, if MagellanTV determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the MagellanTV Service or access to MagellanTV Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to our servers being made or the volume of User Material(defined below) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

5. Subscriptions, Billing and Cancellation.
   1. Subscriptions. While we may offer MagellanTV Content from time to time for free, we charge a fee to access the MagellanTV Service. The MagellanTV Service may include different MagellanTV Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding your subscription at any time by logging in on the “Site” and viewing your account details. Because the MagellanTV Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 12:00 a.m. Eastern Standard Time and ends at 11:59 p.m. Eastern Standard Time of that same calendar day.
   2. Billing. By providing a credit card or other payment method accepted by MagellanTV ("Payment Method") for your subscription, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Site and viewing your account details. MagellanTV representatives will NOT take your credit card or Payment Method information through email, chat, phone or any other method for your security. When you provide a Payment Method to access a subscription, including in connection with a free trial offer (if applicable), our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

      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.

   3. Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. You may cancel your subscription via your account.  If you pay for the Services through your account with a third party (e.g., Apple iTunes) and want to cancel your subscription or manage your billing, you must do so through your account with such third party.
   4. Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
   5. Free Trials. On occasion, we may offer free trials to the MagellanTV Service for certain users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. MagellanTV reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Site and view your account details.

      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

6. 1. Age Limitations. The MagellanTV Service is not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with MagellanTV or provide your personal information to MagellanTV. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with MagellanTV only if you have the consent of your parent or guardian, including consent to these Terms on your behalf.
   2. Your License. MagellanTV is pleased to grant you a non-exclusive limited license to use the MagellanTV Service, including accessing and viewing the MagellanTV Content on a streaming-only basis through our embedded video player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of MagellanTV Content will vary based on the rights availability of such MagellanTV Content and the terms of your subscription.
   3. Your Location. You may view MagellanTV Content through the MagellanTV Service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such MagellanTV Content. The MagellanTV Content that may be available to watch will vary by geographic location and may not be available in certain locations at all. MagellanTV will use technologies to verify your geographic location. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
   4. Compatible Devices. MagellanTV software is developed by, or for, MagellanTV and is designed to enable streaming and viewing of content from MagellanTV through MagellanTV ready devices. This software may vary by device and medium, and functionalities may also differ between devices. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
   5. MagellanTV Content.
      1. Usage Rules and Limitations. You may only access and view the MagellanTV Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the MagellanTV Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the MagellanTV Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the MagellanTV Content unless expressly permitted by the terms of your subscription or otherwise by MagellanTV in writing. You may not incorporate the MagellanTV Content into, or stream or retransmit the MagellanTV Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by MagellanTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the MagellanTV Content unless authorized by MagellanTV. You may not build a business utilizing the MagellanTV Content, whether or not for profit. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the MagellanTV Service, including MagellanTV’s servers, computer network, or user accounts. The MagellanTV Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the MagellanTV Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by MagellanTV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. Any use of the MagellanTV Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms, your permission to use the MagellanTV Content automatically terminates.
      2. Content Subjectivity. MagellanTV Content tends to elicit varying reactions among different people. You may come across MagellanTV Content that you find offensive, indecent, explicit or objectionable. Also, MagellanTV Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and MagellanTV does not guarantee that you will agree with them. You acknowledge these risks.
   6. Content Quality. MagellanTV uses various technologies to provide you with an optimal viewing experience. That said, quality of MagellanTV Content, including resolution, may be affected by the format of the MagellanTV Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content may depend on your internet service and device capabilities. The time it takes you to begin playing MagellanTV Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the MagellanTV Content you have selected, and the configuration of the device you are using. As a result, MagellanTV is unable to make any warranties about the MagellanTV Content in these respects.
   7. Ownership. You agree that MagellanTV owns and retains all rights to the MagellanTV Service. You further agree that the MagellanTV Content you access and view as part of the MagellanTV Service is owned or controlled by MagellanTV and MagellanTV’s content programmers. The MagellanTV Service and the MagellanTV Content are protected by copyright, trademark, and other intellectual property laws.

7. Your Responsibilities. In order for us to keep the MagellanTV Service safe and available for everyone to use, we have to ask that our users follow our rules. You and other users must use the MagellanTV Service for lawful, non-commercial, and appropriate purposes only. You agree to observe the MagellanTV Service and MagellanTV Content restrictions detailed above, and further agree that you will comply with the MagellanTV Acceptable Use Policy made a part hereof and incorporated by reference herein:

8. Trademarks. The names, trademarks, service marks, and logos of MagellanTV belong exclusively to MagellanTV and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied through the MagellanTV Service confers on you any license or right under any patent or trademark of MagellanTV or any third party.

9. User Comments, and Other Material
   1. Your Posts. As part of the MagellanTV Service, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments, or other materials (collectively, "User Material"). In order to keep the MagellanTV Service enjoyable for all of our users, you must adhere to the rules below.
      

      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.

   2. Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. MagellanTV does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of MagellanTV. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason, as permitted by law. In no event does MagellanTV assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against MagellanTV with respect to such User Material. You can help us by notifying us of any inappropriate User Material you find by emailing info@magellantv.com.

10. Disclaimer of Warranties. THE MAGELLANTV SERVICE, INCLUDING THE SITE, THE MAGELLANTV CONTENT, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAGELLANTV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

11. Limitation of Liability. IN NO EVENT SHALL MAGELLANTV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE "MAGELLANTV PARTIES"), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SERVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE MAGELLANTV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE FOR THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MAGELLANTV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE MAGELLANTV SERVICE (INCLUDING YOUR USE OF THE MAGELLANTV CONTENT).

13. Links to External Sites. The MagellanTV Service may contain links to other websites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.

14. Notice and Procedure for Claims of Copyright Infringement. If you believe that any MagellanTV Content, User Material, or other material provided through the MagellanTV Service, including through a link, infringes your copyright, you should notify MagellanTV of your infringement claim in accordance with the procedure set forth below.

    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
    MagellanTV LLC
    1701 Rhode Island Ave, NW, 2nd Floor
    Washington DC 20036
    Email: copyright@magellantv.com

    
    

    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 copyright@magellantv.com for purposes other than communication about copyright infringement may not be answered.

15. Dispute Resolution, Binding Arbitration, and Class Action Waiver. By using the MagellanTV Service, you and MagellanTV agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the MagellanTV Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving MagellanTV’s intellectual property (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven days in which to respond to or settle the Dispute.

    Notice shall be sent:
    to MagellanTV at:

    MagellanTV LLC
    1701 Rhode Island Ave, NW, 2nd Floor
    Washington DC 20036

    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.

16. Limitation on Time to Bring a Claim. To help resolve any issues between us promptly, you and MagellanTV agree to bring any claim arising out of or relating to these Terms, our relationship, or the use of the MagellanTV Service within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

17. Choice of Law. These Terms are governed by, and construed in accordance with, the laws of the State of New York, United States without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined above is not applicable (e.g., when confirming an arbitration award), you and MagellanTV agree to submit to the exclusive jurisdiction of the courts located in New York, NY United States.

18. General Information.
    1. International Use. We are a company based in the United States. MagellanTV's goal is to bring you as much MagellanTV Content as is legally available. That said, we are limited by the rights that our content programmers grant to us. Using technologies to access the MagellanTV Content from territories where MagellanTV does not have rights or that are not permitted by the terms of your subscription is prohibited.
    2. Export Controls. Software and the transmission of applicable technical data, if any, in connection with the MagellanTV Service are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
    3. No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at info@magellantv.com. MagellanTV's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if MagellanTV acts in a way that appears to you to be inconsistent with these Terms, MagellanTV's action shall not be deemed a waiver or constructive amendment of these Terms.
    4. Integration, Amendment, Severability, and Electronic Communications. Please note that these Terms constitute the entire legal agreement between you and MagellanTV and govern your use of the MagellanTV Service (including your use of the MagellanTV Content) (but excludes any services, if any, that MagellanTV may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and MagellanTV in relation to the MagellanTV Service. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

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 info@magellantv.com.