Last Updated: November 4, 2015
By using the Site, you represent, warrant and covenant that (a) you are 18 years of age or older; (b) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (c) you shall make timely and satisfactory payment for any Content (as such term is defined herein) purchased by you on or in connection with the Site and (d) all registration information, including, without limitation, payment information (e.g., credit card, debit card information, etc.), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or Magnolia Selects suspects that such information is untrue, inaccurate, not current or incomplete, Magnolia Selects has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.
4. USER REGISTRATION.
In order to access and use certain content, features, and functionality of the Site including, without limitation, RSOD Content and Subscription Content (each as defined herein), we shall require you to register for the Site and have a unique username and password combination ("User Credentials") and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, etc. (collectively, a "User Account"). If you purchase a product or service through the Services, our third party payment processors will collect the billing and financial information they need to process your charges. This may include your postal address, email address and financial information. Magnolia Selects does not collect or store your financial information, like credit card numbers. However, Magnolia Selects’s third party payment processors may share non-financial information with us related to your purchases, like your name, shipping address and items purchased in order to fulfill your order. If you elect to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Site by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. You agree to (a) immediately notify Magnolia Selects of any unauthorized use of your User Credentials or User Account, or any other breach of security, and (b) ensure that you log off from the Site at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) cancel your User Account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. Magnolia Selects shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 4.
5. PROPRIETARY RIGHTS.
A. As between you and Magnolia Selects, Magnolia Selects owns, solely and exclusively, all right, title and interest in and to the Site and all content contained and/or made available on, through or in connection therewith (the "Content"), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term "Content" includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Site). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "Site" includes "Content" as well.
Most of the motion pictures, films and other similar audio/visual Content available on the Site ("Video Content") is provided on a fee basis requiring payment of a fee ("Fee") in order to access and view same (collectively, "Fee-Based Video Content"). Subject to the terms and conditions set forth herein, Magnolia Selects may make available certain Video Content, in Magnolia Selects’s sole discretion, (i) on a transactional rental and/or streaming on-demand basis (i.e., pay-per-view streaming), which requires payment of a Fee in order to view a particular unit of Video Content during a specified time period an unlimited number of times (collectively and individually, "RSOD Content"), and (ii) on a subscription rental and/or streaming on-demand basis, which requires payment of a periodic subscription Fee (the “Subscription Fee”) in order to access and view an unlimited number of times during a specified period certain Video Content curated by Magnolia Selects (collectively and individually, the “Subscription Content”) and made available on a periodic basis by Magnolia Selects (the “Subscription Service”). For purposes of clarity, and the avoidance of doubt, (a) the term "Content" includes "Video Content" and all forms thereof, including, without limitation, “RSOD Content” and “Subscription Content”, and (b) "Video Content" includes "RSOD Content" and “Subscription Content”.
7. PRICING AND PAYMENT TERMS.
You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases that are made using your User Account(s) via credit, debit or other payment means acceptable to Magnolia Selects, in its sole discretion, at the time of purchase. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.
The Fee-Based Video Content and other Content made available on the Site is offered at different prices set forth on the applicable webpage on the Site for the applicable Content. Magnolia Selects reserves the right to change any and all prices for any Fee-Based Video Content and other Content at any time, for any reason, without notice to you.
C. Payment Method Terms
The Site accepts Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment (the “Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another card. If a payment card company is being used for a transaction, Magnolia Selects may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases of Fee-Based Video Content are final once you click the "Submit" button and billing to your payment card occurs at such time or shortly thereafter.
You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Site and applicable taxes will be added to the amount charged for the applicable transaction on the Site. Fee-based transactions on the Site may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made on the Site.
E. Electronic Signature and Contracts
Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Service, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.
F. Delivery of Video Content
8.VIDEO CONTENT LICENSE TERMS AND BILLING.
A. RSOD Content License and Terms/br> Upon successful payment of the applicable Fee and subject to the terms and conditions set forth herein, Magnolia Selects will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display the RSOD Content as transmitted by Magnolia Selects via the Site for your own personal, noncommercial use; provided, however, that the foregoing right and license to the RSOD Content is limited in its term and duration to twenty-four (24) hours from the start of the initial display and viewing of the applicable RSOD Content so long as such initial display and viewing begins within thirty (30) days from the date of purchase, unless otherwise specified on the applicable webpage on the Site for the particular unit of RSOD Content (the "RSOD Term"). You understand and agree that you will not be able to access or view any RSOD Content upon expiration of the RSOD Term, and notice of the expiration of same shall not be provided to you.
B. Subscription Content License and Terms
Every month, Magnolia Selects will offer a number of units of Video Content as Subscription Content, which subscribers to the Subscription Service will be able to access on an unlimited basis for a period of time determined by Magnolia Selects in its sole discretion, in exchange for payment of a Subscription Fee. Upon successful payment of the applicable Subscription Fee (or registration to the Site as part of a free trial) and subject to the terms and conditions set forth herein, Magnolia Selects will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display the Subscription Content as transmitted by Magnolia Selects via the Site for your own personal, noncommercial use; provided, however, that, the foregoing right and license to the Subscription Content may be limited in its term and duration determined in its sole discretion by Magnolia Selects (the "Subscription Term"). You understand and agree that you will not be able to access or view any Subscription Content as part of the Subscription Service upon expiration of the Subscription Term, and notice of the expiration of same shall not be provided to you. As part of the Subscription Service, certain (or all) of the Subscription Content may be accessed through (i) streaming-on-demand on an unlimited basis (as long as the User remains a subscriber of the Subscription Service), and/or (ii) a download-to-rent basis, in which you can download the Subscription Content and watch it for twenty-four (24) hours from the start of the initial display and viewing of the applicable Subscription Content so long as such initial display and viewing begins within thirty (30) days from the date of download, unless otherwise specified by Magnolia Selects for such particular Subscription Content; upon expiration of the downloaded content, you may download it again as long as your subscription to the Subscription Service remains active for the duration of the Subscription Term for such content.
Click the My Account link on any Magnolia Selects powered by Ateliere page to see the end date for your current subscription period. We automatically bill your Payment Method each month on the calendar day corresponding to the day your paid subscription started. In the event your paid subscription began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you started your Magnolia Selects POWERED BY ATELIERE paid subscription on January 31st, your next payment date would be February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by clicking the My Account link on any Magnolia Selects powered by Ateliere page. If your Payment Method is a credit card, and your credit card reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
ONGOING SUBSCRIPTION. WITH THE EXCEPTION OF ONE-TIME CHARGES FOR ONE-TIME EVENTS, YOUR MAGNOLIA SELECTS POWERED BY ATELIERE SUBSCRIPTION WILL CONTINUE MONTH-TO-MONTH UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS EACH MONTH IN ORDER TO AVOID BILLING OF THE NEXT MONTH'S SUBSCRIPTION FEES TO YOUR PAYMENT METHOD. WE WILL BILL THE MONTHLY SUBSCRIPTION FEE TO THE PAYMENT METHOD YOU PROVIDE TO US DURING REGISTRATION (OR TO A DIFFERENT PAYMENT METHOD IF YOU CHANGE YOUR ACCOUNT INFORMATION). SUBSCRIPTION FEES ARE FULLY EARNED UPON PAYMENT.
FREE TRIAL OFFERS. MAGNOLIA SELECTS POWERED BY ATELIERE may offer limited-time free trial subscriptions to certain you from time-to-time. Users who sign up for Content on a free trial basis may have limited access to such Content or other features of the Site. If you sign up for a free trial subscription, after the expiration of the free trial period, you will be charged the price then in effect for a subscription to the Content, unless otherwise provided to you when you originally subscribed. If you do not want to have continued access to the Content after the expiration of the free trial period, you must cancel your subscription within thirty (30) days of being charged the subscription fee for the Content. Upon cancellation, your credit card will be refunded for the amount of the most recent subscription charge, if any, so long as you have not used the subscription or accessed the Content following the expiration of the free trial period.
ACCESS TO CONTENT.
The Site provides you access to a variety of Content, including without limitation, digital books, magazines, articles, music and video, subject to your account being charged the appropriate one-time fee or subscription fee. Your payment for Content is for the purpose of providing you with a limited, non-exclusive license to access such digital content and you do not have any ownership right in or to any Content on the Site. Since the Site provides a streaming solution for Content, you are not currently able to permanently or temporarily download any Content on any device such as your personal computer, mobile phone or tablet. Your subscription or payment for Content means you are entitled to access such Content through the Site for so long as the third party content provider permits or makes such content available to MAGNOLIA SELECTS POWERED BY ATELIERE as part of MAGNOLIA SELECTS POWERED BY ATELIERE' agreement with its Third Party Providers. In the case of a one-time fee for Content, this time period may mean you are able to access such Content, as an example only, for a specified period of time from your date of payment. In the case of a subscription, you are permitted to access the Content through the Site so long as you maintain and pay for a subscription on MAGNOLIA SELECTS POWERED BY ATELIERE subject to the terms of this Agreement and of our agreements with Third Party Providers.
9. CUSTOMER SUPPORT.
For assistance with billing questions, technical issues or order inquiries, please reach out to our customer service support by email: email@example.com.
10. PERSONAL INFORMATION.
11. USER CONDUCT.
You are solely responsible for your conduct on the Site. We want to keep the Site safe and fun for everyone and the use of the Site for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Site, you shall not:
12. USER POSTINGS.
A. The Site may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other information via the Site (each, a "User Posting", and collectively, "User Postings"). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. By submitting User Postings, you acknowledge and agree that the term "User Posting" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting. You further acknowledge and agree that any User Postings made to or by means of any portion of the Site are public that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and Magnolia Selects by reason of your transmitting a User Posting to any area of or in connection with the Site.
B. You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of Magnolia Selects and you understand that by using the Site, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, Magnolia Selects does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall Magnolia Selects be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
13. DIGITAL MILLENNIUM COPYRIGHT ACT.
A. If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent:
Magnolia Selects Support
c/o Ateliere Customer Service
ATELIERE CREATIVE TECHNOLOGIES, Inc.
*315 S Beverly Dr.
Beverly Hills, CA 90212*
Email Address of Designated Agent: firstname.lastname@example.org
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to customer service at email@example.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 13, your DMCA notice may not be valid.
B. If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Magnolia Selects for use on the Site, you may send a counter-notice containing the following information to our Copyright Agent:
Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, Magnolia Selects may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Magnolia Selects’s sole discretion.
From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers") found on or through the Site or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
15. PROMOTIONS, CONTESTS, AND SWEEPSTAKES.
16. HYPERLINKS TO THIRD PARTY WEB SITES.
19. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Postings and Content associated with your use of the Site.
20. GOVERNING LAW; ACCESS; MISCELLANEOUS.
The Site is controlled and operated by Magnolia Selects from its offices in the State of New York, United States of America. Magnolia Selects makes no representation or warranty that the Content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
All rights reserved.