Bakenary

You will be subscribing to our Services (defined below) as a Content Creator/Provider (“the Host”) or as a Subscriber of the Host (“Member”). Once you have subscribed to the MiniTV Platform (“Platform”), or to the Channel of the Host or created an account with us or the Host, you accept our Terms of Service (“Terms”). It forms an agreement and you agree to contract with us electronically. Therefore, please read the Terms below carefully before subscribing, accessing or using our Services (defined below).

The Agreement is entered into between StageYou,Inc. and you. “StageYou” “MiniTV”, “We”, “Us” means the MiniTV Platform and “You” means collectively the Host and the Member/Subscriber except for the circumstances where we have made an individual reference.

MiniTV, Host and Member individually referred to as a “Party” and collectively referred to as “Parties”.

Our Terms include various other policies including our Privacy policy. All of these policies together with the Terms form part of the entire agreement (“Agreement”). Therefore, we recommend that you read the entire agreement before subscribing, accessing or using our Services. If you do not agree to any of the provisions of this Agreement, please do not subscribe to the Platform or to the respective Channels.

1. Introduction

MiniTV provides the toolkit for anyone, anywhere to create their own online TV portal instantly and convert their passion into passive, recurring revenue by selling subscriptions to niche audiences. The MiniTV Platform is available to Hosts at https://www.minitv.world. Our Platform will be the medium for the Host to interact with a wider audience. We provide the Host with a range of Pricing Plans (defined below) wherein the Host would have the option to decide the volume of the Content (defined below) and the price marginal which meets their needs. This will be an exciting opportunity to showcase the Host’s own passion and talent in a personalized and branded portal subject to our Terms.

A Member upon subscription will have access to the Host’s Channel. Please note that there will be a separate 'Terms of Service' that is required to be entered into between the Host and the Member (“HM Agreement”). Such HM Agreement will govern the relationship between the Host and the Member. Therefore, please note that in the event, if there is an inconsistency, conflict or ambiguity under this Agreement and the HM Agreement, the terms and conditions mentioned in this Agreement shall prevail over any such conflicting, ambiguous and inconsistent clauses mentioned in the HM Agreement or any other agreement.

We wish you an enjoyable journey with us.

2. Services

1. What type of Services are provided by us?

The Host can use this Platform to upload and publish videos (“Content”) related to diverse disciplines by purchasing our Packages for a fee (“Subscription fee”).
Members will be able to subscribe to the Host’s Channel for a fee (“Host’s fee”). We will not be liaising with your Members unless in limited circumstances mentioned herein. Therefore, you are at your full liberty to utilize this Platform effectively and wisely.
Further to the subscription available to the Member, our platform offers the “Video Mail” service feature in which the Host can provide the Member with one on one service.
The Host is at liberty to use our Platform to make the Content available as “Public” free of charge or “Private” for a subscription. In addition to the regular private subscription, there is a special private subscription. In the special private subscription, the Host can offer special episodes and/ or series as a value-added feature.
We also wish to note that in providing you with our Services, our Platform is integrated with several other service providers (“Integrated Service Providers”). Therefore, you hereby agree to acknowledge and adhere to the terms and conditions of such Integrated Service Providers. In no event shall the terms and conditions of the Integrated Service Providers modify this Agreement.

2. who is eligible to use this platform?

You must be a legal entity, a sole proprietor or an individual who is at least 18 years old to use this Platform. If you are a director of a legal entity, sole proprietor or an individual between the ages of 13 to 18, you must have your parent/guardian’s or authorized representatives’ permission to use this Platform. In the event, if you are a minor, by signing up to this Platform, you will only get access on the basis that you have the required parental/guardian’s or authorized representative’s (“Representative”) consent. In that case, your Representative will also be bound by the Terms.
MiniTV reserves the right to inquire further about the age of access and if MiniTV finds that a minor lacks the required consent, MiniTV reserves the right to terminate this Agreement and cancel your account. You also acknowledge the fact that MiniTV will not be held liable for any suspension, termination or cancellation of accounts carried out by certain Integrated Service Providers like Stripe.Inc (https://stripe.com/) (“Stripe”) as the service provided by them are subject to their terms and conditions. In the event, the Integrated Service Provider cancels, suspends or terminate your account, on account of the said cancellation, suspension or termination, you may also lose your access to this Platform.
You also agree to honor any request of such Integrated Service Providers pertinent to any additional documentation requirements, update the details as and when required by the Integrated Service Providers, and acknowledge that the MiniTV acts independently to the Integrated Service Providers.
You are not authorized to use our Services if you are under the age of 13.

3. Content

The Host agrees not to develop and publish content that is slanderous, sexually explicit or, obscene, unlawful, threatening, promoting or supporting terrorism, depicting self-harm or extreme violence, promoting animal cruelty, defamatory, or any content that violates any party’s intellectual property, trademark or copyright or any other part of the Terms stated herein or stated in the law. (“Prohibited Business”).
The Host also agrees that you may not use the Platform to develop, publish and engage in a business that may be considered as a “Restricted Business” by Stripe. In such a situation where the Integrated Service Provider has considered the Content created by the Host falling under the category of Restricted Business, the Host will not hold MiniTV liable for any suspension or termination of the Stripe account or any losses or damages arising out of such suspension and termination.
The Host agrees that MiniTV is not responsible in any way for such Content which relates to Prohibited or Restricted Business activities, and makes no representations or guarantees as to its merchantability or fitness of use. The development, publication and delivery of the Content is the Host’s sole responsibility.
The Host is at liberty to remove Content which is published by the Host in his/her Channel at any time. The Content that the Host removes will be retained in our archives for a period of time as prescribed by the law.
The Host may request to delete their Channel on MiniiTV. The Host can do so by submitting a request via the platform subject to clauses 3.6 and 3.7 mentioned herein below.
Delete requests will be reviewed on a case by case basis to ensure that the Host has complied with the guidelines pertinent to the deletion of the Host’s Channel. Please note that you are required to give at least 20 days prior notice to the Members regarding the anticipated deletion, and ensure that the Members will not continue to pay for the following month.
You understand that the payments are facilitated by one of the Integrated Service Provider. Therefore, in the event, if a Member has continued to pay for the following month and the Host makes a request to delete your Channel, the Host hereby agree to discuss the possible refund options with the Integrated Service Provider.
The Host agrees not to hold MiniTV liable for any refund claims or disputes or issues arising related to the deletion of the Host’s Channel. The Host also agrees to indemnify MiniTV and any relevant Member with regard to losses or expenses MiniTV or a Member incurs due to the deletion of the Host’s Channel.
The Host will not have access to the Host’s Content once the host delete the Channel. Therefore, we advise you to download and save the Content on an external device before such deletion.

4. Packages and Fee payment

1. Packages

We are pleased to state, subject to the selected Plan, We offer any new Host with a limited day free trial period immediately commencing on the date of registration with us to access and familiarize the Platform (“Free Trial Period”). However, the Host will not be able to onboard paid subscribers to the channel during the trial period.
The Host has the sole discretion to determine the free number of days falling under the free trial in dealing with his/her Members.
The Host must unsubscribe our Services in the event he/she wishes to discontinue the usage of our Services at the end of the Free Trial Period. The Host still will be able to access the Platform until the Free Trial Period ends in a case where the Host have unsubscribed, and have free dates remaining in the Free Trial Period.
The Host will not have the benefit of a Free Trial period in the event you are a returning Host having enjoyed a Free Trail Period in his/her first subscription with us. Likewise, any returning Subscriber/Member to any Channel will not be eligible for a Free Trail period for the second time.
You agree that if you do not unsubscribe at the end of the Free Trial Period your subscription will automatically continue and the card details that you provided at the point of online registration will be charged based on the chosen Pricing Plan.
We offer multiple plans to cater to our Host’s requirements. The preferred Plan can be selected at the point of subscribing. As a Host you can subscribe for a monthly or an annual Plan. However, the Host will not be able to onboard paid subscribers to the channel during the trial period.
Please be informed that the Pricing Plans are categorized taking cognizance of volume of the Content, the maximum price marginal, number of Members, number of Channels, any special guest invitations, and other customer support features.
The Host understands that the platform fee will be at a rate of 9.88% of all revenue earned by the Host on MiniTV.
The Annual Plan is a subscription that the Host subscribes for a period of 12 months. In the event, if a Host has subscribed for an annual subscription and fails to unsubscribe before the ending of the Free Trial Period, the Host agrees that he/she will be charged for the entire annum and that no refund will be made available.
In the event, if you fail to unsubscribe before the commencement of the Billing Cycle, you will be charged for the next month’s Plan and we will not be able to provide you with a refund. Therefore, it will be your duty to unsubscribe before the commencement on the next Billing Cycle.
Annual Package is a subscription that the Host subscribes for a period of 12 months. In the event, if a Host has subscribed for an annual subscription and fails to unsubscribe before the ending of the Free Trial Period, the Host agrees that he/she will be charged for the entire annum and that no refund will be made available.
The Host may cancel or renew the annual Plan at the end of the annum and before the commencement of the new annum.
In case, if a Member wishes to enjoy the VideoMail feature, such Members will have to make a payment for each VideoMail in order to receive one on one service from the Host.
We also note that there may be instances that the Host may wish to upgrade or downgrade the service available to the Host due to various reasons. MiniTV is happy to facilitate such requests. The Host can upgrade or downgrade the current Pricing Plan at any moment and will be charged the applicable fee on a pro rata basis.
Please be informed that the Host will have to seek our permission to downgrade a Pricing Plan. If the Host wishes to downgrade a Pricing Plan, the Host should at least provide 20 days prior written notice to his/her Members. The Pricing Plans are variable due to many features inclusive of the number of Members. Therefore, the Host understands that the Host will not be able to downgrade the Pricing Plan until the Host adhere to the respective criteria of the relevant plan.
We do not offer refunds to the Host or to the Members. MiniTV will not be held liable to pay any refund that should be payable by the Host to the Member in case of a downgrade. The Host agrees not to hold MiniTV liable for any refund claims or disputes or issues arising related to the downgrade of the Host’s Channel. The Host also agrees to indemnify MiniTV and any relevant Member with regard to losses or expenses MiniTV will incur due to the downgrade of the Host Channel.
If we have received reasonable notice regarding cases where there must be refunds made available following a rare occurrence, we might consider such notice on a case by case basis. However, in such a case, the award of refunds will be at the sole discretion of MiniTV.

2. Payment Structure

The Host agrees to sign up for an independent account with one of our Integrated Service Providers, i.e. Stripe as the selected payment portal.
The Host agrees to visit Stripe via the dashboard in their channel and proceed to creating a new Stripe account (or connect an existing account) to receive payments on MiniTV. Please be informed that you will not be able to receive payments from your Members if you do not create an independent Stripe Account via your dashboard.
You understand that we act independent to Stripe. We will not have access to the Host’s Stripe account. As such, MiniTV shall not be held liable for any claims, fines, charges, penalties, or made a party to any disputes arising out of the Host’s Stripe account.
The Host agrees that MiniTV in no circumstances will have access to the Member’s financial details as the Stripe account is set independent to our Platform. Therefore, it would be the Host’s duty to keep and store the Members’ financial details in the strictest confidence. The Host agrees not to hold MiniTV liable for any lost, or stolen financial details arising out of the unauthorized access to our Platform or the Host’s Channel.
We endeavor to provide you with prior notice regarding Pricing Plan updates to our Platform. The Host can unsubscribe our services prior to such updates and subject to other Terms stipulated in this Agreement.
You understand that the payment gateway is facilitated through an Integrated Service Provider. Therefore, all the invoices will be generated by the said integrated Service Provider’s platform.

5. Intellectual Property Rights

All information including software, technology, data, logos, marks, trade secrets, patent and patent applications, designs, text, graphics, pictures, video files, other data or copyrightable material related to Platform are the Intellectual Property of the MiniTV (“Intellectual Property of the MiniTV”). MiniTV will hold exclusive right for the Intellectual Property of MiniTV including but not limited to copyrights and the trade mark rights. You will not claim any proprietary or intellectual property right over the Intellectual Property rights of MiniTV.
The Host’s Content published on our Platform is the Host’s own intellectual property. The Host holds exclusive rights to the Content developed and published by the Host. As such, MiniTV will not be held liable for any claims arising from any Content developed or published by the Host.
The Host by uploading and publishing the Content in our Platform provides us with a non-exclusive right and a royalty free license to make the Host’s Content available via our Platform in the Host’s respective Channel to his/her Member’s subject to the terms of this Agreement.
The Host is granted with a limited, non-exclusive license to access and use the Platform to upload and publish the Content. The Host hereby undertakes not to assign or sublicense this license to anyone else without seeking prior written approval from MiniTV.
The Host by uploading the Content on MiniTV, the Host acknowledges that MiniTV reserves the right to monitor, review or forward the Content including such events, where MiniTV (a) receives a complaint or request for cooperation from any of the regulatory and law enforcement authorities; or (b) receives a complaint from a third party or a Member or the Integrated Service Providers related to Content.
The Host also agrees not to engage in an activity that would amount to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform or use any data mining, robots or similar data gathering or extraction methods in the Platform, downloading, screen recording (except page caching) of any portion of the Platform.
The Host also acknowledges that the Content published by the Host does not infringe any of the trademarks, copyrights intellectual property rights of any third party. In the event, if a Host is using any of the third party’s intellectual property in the Host’s Content, the Host hereby warrants the adequate prior permission to use the same.
In a case where a third-party contact us in relation to a complaint regarding the violation of intellectual property right, we will take all reasonable steps to respond to such notices pertaining to the alleged violation. Please note that we only entertain notices that comply with the Digital Millennium Copyright Act (“DMCA”).
In the event, if we remove the Host’s content in compliance with a notice issued under the Digital Millennium Copyright Act, the Host can send us a counter notice for us to consider.
In relation to any Trademark violation, we only acknowledge notices forwarded to us incorporating all the material facts pertinent to the alleged trademark violation.
The Host hereby agrees to indemnify MiniTV for all losses, injuries claims, damages and expenses arising out of claims that infringes the Intellectual Property of MiniTV or a Third Party.
The Host agrees that in an event of a termination of the Host’s Channel, MiniTV reserves the right to archive the Content to comply with the laws. The Host grants a non-exclusive, perpetual, irrevocable license to maintain a copy in our archives for the purpose of complying with the laws.

6. Rights of MiniTV

MiniTV reserves the right to revise its Pricing Plans from time to time.
MiniTV reserves the right to carry out necessary modifications and updates to the Platform to provide you with a seamless and efficient service. MiniTV in all reasonable circumstances will try to give you notice regarding such updates and modifications. However, you agree that in certain instances our Platform and Services will not be available to you without a prior notice. You also agree that from time to time we have the right to restrict access to the Platform.
MiniTV reserves the right to monitor and investigate the Content published by the Host in complying with the established security standards and laws. If it is brought to our notice or if MiniTV finds out that the Host is engaged in one or more of the Prohibited Business activities, MiniTV reserves the right to remove such Content, freeze the Channel and bring the matter to the attention of the law enforcement authorities.
May review the Content a Host has uploaded from time to time or at the request of a law enforcement authority. However, we hold no obligation to review the Content on a regular basis. We understand that the Content is uploaded at the sole discretion of the Host. Therefore, prior to uploading the Content, MiniTV does not certify or provide approval or permission to upload any Content.

7. Limitation of liability

Consequent to subscribing to our Platform, the Host can select a sub domain of MiniTV on which their Channel will be published, subject to availability. However, the Host agrees that the MiniTV reserves the right not to provide him/her with the requested sub domain name.
MiniTV does not guarantee that the Platform or any Services offered through the Platform will be error-free. However, MiniTV will take all reasonable efforts and measures to make the Platform and Services reliable and error free.
MiniTV only provides you with the Platform. Therefore, by acting as a Platform provider, there will not be any employer employee or agency relationship created between us and you. We are also not responsible for any interactions that takes place between the Host and their Members. We also exclude our liability for any disputes, claims, losses, injuries or damages arising out of the relationship between the Host and the Members.
Except where otherwise inapplicable or prohibited by law, in no event shall MiniTV or any of its officers, employees, directors, affiliates shall be liable for any indirect, incidental, consequential, punitive, or any other damages, fees, costs or claims arising from or related to the Terms including the Privacy Policy, Services or Plans, you or a third party’s use or attempted use of the Platform or any software, service, or product, regardless of whether MiniTV has had notice of the possibility of such damages, fees, costs, or claims.
MiniTV will not be liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer codes. Malicious computer codes means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
The Host understands that the Platform is provided on “as is” basis. Therefore, the Host agrees to have an external method of recovering any lost data that may be uploaded to the Platform.
The Platform may contain links to Third Party websites and services to which the MiniTV assumes no responsibility as MiniTV has no control over such websites.
MiniTV will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

8. Disclaimer of Warranties

Except where otherwise inapplicable or prohibited by law, the Platform is provided on an “as is”, basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
The Host hereby agrees that MiniTV will not undertake to carry out any marketing activity for the Host. Therefore, MiniTV will not provide any sales leads or referrals. The Host understands that it would be their duty to guarantee his/her own success.
The Host agrees and understands that there could be situations where the Host might not earn his/her investment back. It will take time and effort from the Host’s end to make their Channel a success. In the said context, the Host agrees not to hold MiniTV liable for any losses, damages or expenses.
We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timelines, quality, suitability, availability, accuracy, and/or completeness of any information on this Portal. We do not represent or warrant, and expressly disclaim that: (a) the website, software, or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the Platform will be corrected, or (f) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by the applicable law.
MiniTV will not be charging any part or percentage out of the subscription earned by the Host. As a result, MiniTV disclaims any responsibility or liability for any issues, losses or disputes arising due to the Content created and uploaded by the Host.
We hereby exclude our liability for any impact, losses, expenses, claims or disputes that could arise due to a failure, omission or negligence to perform any services by an Integrated Service Provider.

9. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MiniTV, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Platform, software, products, Host’s Channel or Services, (2) information you submit or transmit through the Platform or the Host’s Channel, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties in this Agreement, or (4) your violation of any law or the rights of a third-party.

10. Termination

Terms will automatically terminate when the Pricing Plan/Channel subscribed by you terminates due to the lapse of time unless you opt for a renewal of the same. As applicable, you also have the discretion to terminate this Terms by deleting your Account with us or with the Host.
However, you acknowledge that amidst the termination of the Terms, your obligation pertinent to confidentiality and applicable provisions stipulated in the Privacy Policy will be valid for an indefinite period of time.

11. Remedies for the violation of this Agreement

You Understand and agrees that a breach or violation of the Terms will be deemed a material breach of this Agreement and will cause irreparable injury to MiniTV, and that it would be difficult to ascertain the amount of monetary damages for such violation. In the event you violate the Terms or the provisions of this Agreement, MiniTV reserves the right to seek all available remedies at law and in equity in relation to the violation of this Agreement.

12. Governing law and Dispute Resolution Mechanism

The United States law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Florida USA, and you and MiniTV consent to personal jurisdiction in those courts.

13. Severability

If any article, provision or section of this Agreement is rendered invalid by any court of a competent jurisdiction, or any legislation or an amendment thereto, the invalidity of such article, provision or section shall not affect any of the remaining provisions of this Agreement. In any such case the Parties will negotiate in good faith with a view to agreeing on one or more provisions to be substituted of such invalid, illegal or unenforceable provision as nearly as is practicable in all the circumstances to appropriate balance of the commercial interests of the Parties.

14. No waiver

Unless expressly provided in this Agreement, there will be no waiver by any Party of any of the provisions of this Agreement. No failure by either Party hereto to exercise, and no delay by such Party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either Party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.

15. Third Party Communications and Offerings

MiniTV is not responsible for the offerings and communications that the Host receives from any third parties or outsiders of the Platform. We will not be held liable for such communications and offerings that the Host receive from third parties/outsiders. Your use of any third-party offerings is at your own risk. We do not monitor or make any control or make any representation with regard to any third-party communications or offerings.

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