Magiconnect Paid Service Terms of Service
The terms in this agreement relate to your rights and interests, please ensure that you have carefully read, fully understood all the terms of this agreement before use of the Paid Services.
1. Your Acceptance
These Terms of Services (Terms) govern your use of the Paid Services (as defined below) on Magiconnect, and are a legal agreement between the end user (you or your) and FFalcon Overseas Marketing Limited, its affiliates and/or subsidiaries (FFalcon, our, we or us). Before using the Paid Services, you should read these Terms carefully. By paying the purchase or subscription fee, you signify your agreement to (1) this Paid Service Terms; and (2) Magiconnect Terms and Conditions of Use, and all other terms and conditions that generally apply to the Magiconnect. We’ll refer to these documents together as the “Terms”. If you do not understand the Terms, or do not accept any part of them, then you may not use the Paid Services.
Paid Services: The Paid Services mentioned in this agreement refers to premium features or content in exchange for a one-time or recurring fee (each a “Paid Service” and collectively the "Paid Services"), and the Paid Services include monthly ads-free service, life-time ads-free service which means you can enjoy ads-free service until the termination of Magiconnect services, or other types of services provided by us. You are also subject to the usage terms of related Paid Services on our service page.
Each time you place an order for a Paid Service (including when you order individual subscriptions or items of content), you agree to enter into a separate contract for the Paid Services on these Terms. When you complete a purchase, you signify that you agree to be bound by these Terms for the provision of the applicable Paid Services.
2. Payment, Refund and Cancellation Policy
Payment: You need to register a third party account supported by Magiconnect (such as Paypal, Googlepay, Rokupay) (hereinafter referred to as “Account”) before your purchase of any Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement whether with Apple, Google or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and Magiconnect does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order.
Taxes: Magiconnect distinguishes separate purchase, lease, and scheduled purchase methods based on the Paid Services. The price for purchase and subscription does not include any consumption tax, sales tax, use tax or similar taxes. You need to use the purchase methods supported by Magiconnect (such as Paypal, Googlepay, Rokupay) to pay. These taxes and fees are borne by you, so the price may vary based on the fees we may charge or the amount of any such taxes and fees paid (excluding net income tax) when we sell or deliver the service options purchased under these terms.
Refund: You are not allowed to request cancellation or refund after the payment is completed. But if you are successfully refunded by Googleplay or other third party service for any reason, we are entitled to terminate your access to the relevant Paid Service purchased.
Subscription Cancellations: By paying subscription fee to a monthly Paid Service with automatic renewal, you are deemed to have authorized us to deduct the subscription fee automatically from your selected Account before the expiration date of the current billing period. You may cancel the automatic renewal any time before the end of the current billing period and the cancellation will take effect on the next billing period. You can cancel your automatic renewal for any reason at any time by contacting us or through third party Account (such as Apple, Google, Roku). You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
If the payment method on file becomes invalid due to an expired credit card, insufficient funds, termination of Account or other similar reason and we are unable to charge you on the next billing period, we reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, we may cancel your subscription.
4. License
Your use of the Paid Services must be only for personal, non-commercial use. You agree not to use any Paid Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access and view (download is prohibited) the Paid Service in accordance with any usage terms prescribed by us and all rights, title and interest in the Paid Services (including any content offered through the Paid Services) not expressly granted to you in these Terms are reserved by us and its licensors. The Paid Services you have purchased can only be viewed and accessed on your own Account.
When you use the Paid Service, you may not (or attempt to):
· use the Paid Service in an illegal manner or for an illegal purpose;
· share your Account password with someone else to allow them to access any Paid Service that such person did not order;
· copy, sell, rent, or sublicense the Paid Services to any third party;
· circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that we uses to protect the Paid Service or encourage or help anyone else to do so;
· access the Paid Service other than by means authorized by us including but not limited to recording the Paid Service, buy, steal or rent an Account; or
· remove any proprietary notices or labels on the Paid Services.
· present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Paid Services or content available within the Paid Services.
· breach any provisions of these Terms
· breach any laws, regulations, order, decrees or infringe any third party right
· do any harm to computer and network security
We may terminate, restrict, block your use of all or part of our Paid Services without any refund to you if you violate these Terms. You agree to indemnify and hold us harmless from any allegations, judgment, claims, lawsuit, losses, expenses, costs, damages, liabilities (including any reasonable attorney’s fees and legal costs) arising out of any third party claiming that you violate these Terms.
Changes or Discontinuation of the Paid Services. We reserves the right to change the availability of the Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. However, this will not affect your ability to request a refund as described above.
Removal or Unavailability of Content. In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. We will have no liability to you for any such unavailability. In the case of video rentals and purchases, if this happens during your access period after you purchase content, you may request either a refund of the price paid or a reasonable replacement for such otherwise unavailable rental or purchased content. If we chooses to issue you a refund or replacement, the refund or replacement of your purchase price shall be your sole remedy.
Changes to the Paid Service Terms. We may also change these Paid Service Terms from time to time so we encourage you to periodically review the most up-to-date version at https://hwtcast-html-o.api.leiniao.com/ privacy/PaidServicesTerms.html. . If the Paid Service Terms change, you will have the opportunity to review the new terms when you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Service as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again). If you refuse to accept the updated Paid Service Terms then you may not buy any additional Paid Services and the latest version of the Paid Service Terms that you accepted will continue to apply to your use of previously purchased Paid Services.
7. Disclaimer:
You acknowledge and agree that certain content available in the Paid Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of the Paid Services or content available in the Paid Services are not guaranteed to be accurate. You agree to use the Paid Services at your own risk and, subject to applicable laws, FFalcon shall have no liability to you for any content that you find offensive.
We shall not bear any liability for the interruption of or other inadequacies in the Paid Services caused by circumstances of force majeure, or that are otherwise beyond the control of us. However, as far as possible, we will reasonably attempt to minimize the resulting losses of and impact upon you.
8. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL FFALCON, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. IN NO EVENT WILL FFALCON OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY FFALCON FROM YOU FOR THE PAID SERVICES.
9. Other Terms
A. You may reach us via mail at: tcast-hw@leiniao.com or delivering to: China,Nanshan District, Shenzhen City, Guangdong Province,TCL International E City, No. 1001, Zhongshanyuan Road,5th Floor, TCL Electronics Building
Complaints and/or feedback about your Paid Service experience may be sent to the address above or provided online as described above.
B. You agree that you are solely responsible for (and that we have no responsibility to you for) your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which we may suffer) of any such breach.
C. You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to us.
D. Unless not permitted by applicable law, you acknowledge and agree that these Paid Service Terms, your transaction for the Paid Service, and your relationship with FFALCON under these Paid Service Terms shall be governed by the laws of Hong Kong, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Paid Services shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC Arbitration Rules for the time being in force. The seat of arbitration shall be Hong Kong. The arbitrators shall be appointed in accordance with its rules. The arbitration proceedings shall be conducted in English.