TERMS AND CONDITIONS OF USE
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE. LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THESE ENTIRE TERMS.
These Terms and Conditions of Use (“Terms”) govern your use of the MagiConnect mobile application，formerly named T-Cast (the“Application”) (whether pre-installed on your device or downloaded) provided by Shenzhen TCL New Technology Co., Ltd (“TCL”, “our”, “we” or “us”). These Terms are a contract between you and TCL. You should read these Terms carefully and should not use the Application (or should stop using the Application if you have already started using it) if you do not agree to these Terms.
If you are located in France, Germany or Indonesia: By clicking “Agree” and using the Application (and clicking “Agree” and continuing to use the Application after a change to any relevant terms), you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and the below-listed related agreements.
For all other users: By using the Application, and continuing to use the Application after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of these Terms, particularly those provisions that restrict or exempt liabilities, and the below-listed related agreements.
TCL reserves the right to modify these Terms at any time without prior notice. Such modifications and additional terms and conditions will be communicated to you and will be effective immediately upon your acceptance of them. If you do not agree to such modified Terms, you must cease using the Application.
If you are located in Germany: We will also inform you of such modifications and additional terms and conditions by email and provide you with a period of two months to object against such modified Terms in writing or by email. You are deemed as to have accepted any modifications if you do not explicitly object within the period of two months. We will inform you with the information together with the modifications about the consequences of not objecting in writing during the period as per the preceding sentence. Modifications to these Terms will apply from the time specified in the information about the modifications. In case this is not communicated, any change will apply from the point in time of information about the modifications and the lapse of the period of two months without you objecting to the modifications. If you object to the modifications, you will be deemed as to terminate these Terms.
Personal information which we collect or that we otherwise obtain in connection with your use of the Application is handled in accordance with our Privacy Policy.
You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your jurisdiction. If you do not meet the above requirements, your legal guardian must provide consent to your use of the Application.
the Application is a mobile phone application which includes the following features and functionalities:
it allows you to search, browse, view and access Content (as defined below) from your mobile device via Internet streaming and instantaneously cast that content onto your TCL TV;
it allows you to browse, view and cast onto your TCL TV any videos, photos, music and other audio or visual content that you have saved or downloaded to your mobile device (whether user-generated content or third party content that is lawfully downloaded or saved by the user on their mobile device) (“User Content”).
it allows you to interact and share Content with your TCL TV.
it can fulfill part of the features and functionalities of your TCL TV Remote while you connect it with your TCL TV.
It provides you in-app purchase or online purchase of the products provided by us or third-party provider such as video service subscription, premium app features, ad-free version.
We may update, remove or change the the Application features and functionalists from time to time. Your enjoyment of the Application may depend on you having installed the latest version of the Application, your mobile device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or as required by applicable law from time to time. To use the Application and the Services, you may need compatible hardware and software (and from time to time, this may require you to download and install the latest versions of such software). Internet connectivity is also required.
We will guide you to fulfill the registration before you use some features and functionalities which needs your registration.
You represent, warrant and undertake that:
you will only access and use the Application for personal, private and non-commercial purposes;
you will not, and will not aid or assist any person to, access or use the Application for any commercial, unlawful or illegal purpose;
you will at all times when accessing and using the Application comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
all information (including personal data) that you provide to us is true, accurate and complete at the time provided, and you will promptly notify us in the event of any change to such information; and
all User Content and your use of it in connection with the Application:
does not infringe or violate any intellectual property rights or any other rights of any third party and you have all rights necessary to view and otherwise use such User Content; and
does not otherwise breach any applicable laws.
When using the Application, you may view or access products, services, apps (third party apps embedded or integrated within the Application), websites, links, content, materials, information or advertising provided or published by third parties that are not under the control of or maintained by TCL (“Third Party Content”). We are not responsible for any Third Party Content or the features of these services provided by third parties.
the Application may also display marketing and advertising to you as permitted by, and in accordance with, applicable laws and our Privacy Policy.
Your access to some Third Party Content may require payment to a third party service and/or you having valid and current user account with a third party service. The use by you of the Third Party Content (whether free or paid) creates a direct relationship between you and the relevant third parties, and such use may be subject to additional terms of use imposed by such third parties (including website terms of use or other contractual terms) imposed by the relevant third party. We are not a party to (and will not be liable whatsoever to either you or such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. Any information you provide directly to a third party for accessing Third Party Content will be subject to the privacy notice or any similar terms that the third party provides to you, and to the extent such information will not be accessed and used by TCL, you will not be subject to our Privacy Policy with respect to such information.
We are responsible only for providing the the Application app software. All Third Party Content is independently made available to you directly from the servers of the relevant third parties. You acknowledge that all Third Party Content is provided by third parties and TCL:
does not make any representation or warranty, express or implied, with respect to the use of Third Party Content via the Application;
does not guarantee the accuracy, veracity, reliability, completeness, usefulness or adequacy of any Third Party Content accessible via the Application;
does not make any endorsement, express or implied, of any Third Party Content accessible via the Application; and
is not otherwise responsible for any Third Party Content.
TCL may pre-screen, review, filter, modify, refuse, label, monitor or otherwise moderate any Third Party Content, or to remove or disable your access to it in our sole discretion for any reason. You acknowledge that there is a risk that you might be exposed to unlawful, intrusive, immoral or offensive content or content that is otherwise contrary to the standards and expectations of TCL. To the maximum extent permitted by law, TCL excludes all responsibility for any consequences resulting from your use of Third Party Content. However, (and without limiting anything else in these Terms), if you believe that any content that appears on the Application is unlawful or violates any third party intellectual property rights, please raise your concerns immediately with our [legal department] at the email address: tcast-hw@leiniao.com.
You acknowledge that Third Party Content may be subject to the proprietary rights or intellectual property rights of third parties. You must not use, modify, lease, lend, sell, distribute or otherwise deal with all or any part of the Third Party Content without authorisation from the relevant rights owner and you agree that you will not create derivative works based on all or any part of Third Party Content.
You are entirely responsible for User Content and your use of such User Content.
For the purposes of these Terms, “intellectual property rights” means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
As between you and TCL, all intellectual property rights in or relating to the Application (including information, communications, software, texts, graphics, links and sounds but excluding any User Content), are owned by TCL.
TCL grants to you a limited, revocable, non-transferable, non-exclusive license to install and use the the Application application on any compatible mobile device (whether downloaded or pre-installed) that you own or control and in connection with your TCL TV.
You must not, and will not aid or assist any person to:
copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and do other acts that analyse or replicate the source code, structure and concept of any of the the Application software its component parts or circumvent or attempt to bypass any technological protection measures in or relating to the Application; or
rent, lease, lend, sell, redistribute or sublicense reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Application application or its component software.
The TCL trademark, logo and any other trademarks, service marks, graphics, and logos used in connection with the Application or the Services are trademarks of TCL or its licensors. Other trademarks, service marks, graphics, and logos used in connection with Third Party Content may be the trademarks of their respective owners. You are granted no right or license to any trademarks, service marks, graphics, or logos that do not belong to you.
In the event of any violation of these Terms, TCL reserves the right to ask you to immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, TCL is entitled to respond and to take any lawful measures that it considers necessary (including terminating your access to the Application or the Services).
You grant to us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use and reproduce any content or information belonging to you that you provide to us or that we collect from you, to the extent necessary to provide the Application or the Services to you and others, and from time to time to improve our products and services.
Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.
Without limiting clause , we may collect information about your use of the Application to help us analyse and improve our products and services. We will do so in accordance with our Privacy Policy and applicable laws.
To the full extent permissible by applicable law, TCL, its partners, suppliers, and affiliates:
disclaim, and do not make any representations or warranties of any kind, express or implied, as to the operation of the Application or any other Services, their contents, or any information made available by or through the Application or the Services, including but not limited to the implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement;
do not warrant that use of the Application or the Services will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the Application or the Services are free of viruses or other potentially harmful components;
do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via the Application or available in or through the Services; and
do not make any representations or warranties in relation to any Third Party Content.
You acknowledge and agree that the Application and the Services are provided to you on an “as is, as available” basis.
You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any liability or responsibility for any direct, indirect, collateral, derivative or other losses or liabilities (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using the Application or the Services that arise in connection with events out of our control, including under the following circumstances:
malfunction of or inability to operate or use the Application or the Services normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
interruption or delay or malfunction of or inability to operate or use the Application or the Services caused by system viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
interruption, termination or delay or malfunction of or inability to operate or use the Application or the Services caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
interruption or delay or malfunction of or inability to operate or use the Application or the Services due to internet connectivity issues; or
losses or liabilities you may suffer due to your unlawful or improper use of the Application or the Services or any breach of these Terms by you.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation; liability for damages caused by wilful misconduct or gross negligence; or any breach of the obligations implied by applicable consumer protection laws.
To the extent permitted by applicable law and subject to clause , in the event that we incur any liability in connection with these Terms, the operation of the Application or the provision of Services and such liability is not otherwise limited or excluded by these Terms, our liability will be limited to reasonably foreseeable damages.
Subject to clause , our overall and aggregate liability to you in connection with your use of the Application will be limited to (where relevant) US$10.00 or an equivalent sum in the currency of the country in which you are based.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
Subject to clause , you will indemnify and keep indemnified TCL, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit in using the Application or the Services that are not permitted by these Terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of the Application or the Services (even if you did not authorize that use or misuse).
Subject to clause , , or any loss of data or corruption of data in connection with your use of the Application or the Services. In addition, you acknowledge that the Application is intended for domestic and private use and we will not be responsible for indirect loss, consequential loss, loss of income, revenue, profits, business or business opportunity, business interruption, , or any loss of data or corruption of data in connection with your use of the Application or the Services.
Without limiting clause , if you breach these Terms and to the extent permitted by law, you will be liable to TCL, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by TCL as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred.
To the extent you have a lawful basis for making any claim against us in relation to these Terms, the operation of the Application or the provision of Services (including for alleged breach by us of these Terms), you agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.
Termination of this agreement (as constituted by these Terms) does not affect any rights or liabilities incurred by you or us prior to the date of termination.
These Terms are governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong SAR, Macao SAR and Taiwan) (“China”), except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
To the extent permitted by applicable law, in the event of a dispute arising out of or in connection with your use of the Application and/or the Services, TCL and you shall attempt, promptly and in good faith, to resolve any such dispute. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the competent courts of China as the exclusive dispute resolution venue, unless applicable mandatory consumer protection laws in your jurisdiction provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue or otherwise prohibit you from consenting to such jurisdiction, in which case the courts of your usual place of residence will apply to such disputes related to these Terms. This does not affect your right to start proceedings to protect your legal position.
1.If you are a citizen of any European Union country, after prior written request to TCL, you may also submit any claims on the dispute resolution platform put online by the European Commission at the following address: The European Commission will transfer your claim to the notified competent national mediators.
Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.
These Terms constitute the entire agreement between you and TCL with regard to your use of the Application and the Services, and any and all other written or oral agreements or understandings previously existing between you and TCL with respect to such use are hereby superseded and cancelled.
Last revised: 3 April 3, 2020