Terms of Service

Welcome to MALCONTENT. These Terms of Service ("Terms") govern your access to and use of the MALCONTENT website, campaign microsites, and related services (collectively, the "Service"), operated by MALCONTENT, a subsidiary of Dan Mangan Music Inc., doing business as Dan Mangan Creative ("MALCONTENT," "we," "us," or "our"). By creating an account, publishing a campaign, uploading content, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to create an account or submit content through the Service. By using the Service, you represent that you meet this requirement.

2. Accounts

• You're responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You agree to provide accurate information when creating your account and to keep it up to date.
• We may suspend or terminate accounts that violate these Terms.

3. The Service

MALCONTENT lets musicians and creators ("Creators") build campaign microsites, including pages that let fans ("Uploaders") submit short videos and related information (such as a note, Instagram handle, or TikTok handle) directly to a Creator's gallery. Creators can view, download, and manage content submitted to their campaigns.

4. Subscription Plans and Billing

• The Service offers a Free plan and paid subscription plans (Basics, Premium, Pro), each with different limits on concurrent published campaigns and how long uploaded videos are retained before automatic deletion, as described on our Pricing page.
• Paid plans are billed monthly or annually in advance, in U.S. dollars, through our payment processor, Stripe. We do not store your full payment card details.
• You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current paid billing period — you'll keep your plan's features until then, and won't be charged again afterward.
• If you cancel or your subscription lapses, your account reverts to the Free plan. If you then have more published campaigns than the Free plan allows, we'll automatically move your most-recently-published campaigns back to draft status, keeping your longest-published campaign(s) live, up to the Free plan's limit.
• We may change our prices with notice; continued use of a paid plan after a price change takes effect constitutes acceptance of the new price.

5. Uploaded Content and Video Retention

• Videos submitted through a campaign's upload widget are automatically deleted after the retention period tied to the Creator's plan at the time of upload (as low as 5 days on the Free plan). We are not responsible for content lost through this automatic deletion process, and Uploaders and Creators should retain their own copies of anything they wish to keep.
• Creators are responsible for downloading or saving any uploaded content they wish to keep before it's automatically removed.

6. Content Ownership and License

• Uploaders retain ownership of the video content and information they submit ("User Content"). By submitting User Content, you grant MALCONTENT and the Creator whose campaign you submitted to a non-exclusive, worldwide, royalty-free license to host, store, display, download, and otherwise use that User Content for the purpose of operating and providing the Service, including allowing the Creator to view, download, and share it.
• You represent that you own or have the necessary rights to any User Content you submit, and that it doesn't infringe any third party's rights.
• Creators are solely responsible for how they use content submitted to their campaigns, including compliance with any rights, releases, or permissions needed for their own use of that content outside the Service.

7. Prohibited Conduct

You agree not to use the Service to:

• Upload or submit content that is unlawful, infringing, defamatory, obscene, or that violates another person's privacy or rights;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Upload malware or attempt to interfere with, disrupt, or gain unauthorized access to the Service;
• Use the Service for any purpose other than its intended use as a campaign and video-submission platform for musicians and their fans.

We may remove content or suspend or terminate accounts that violate this section, at our discretion.

8. Copyright / DMCA

If you believe content on the Service infringes your copyright, please contact us at areyoumalcontent@gmail.com with a description of the copyrighted work, the material you believe infringes it, and your contact information, and we'll investigate and take appropriate action, which may include removing the content.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, us, or third parties.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any content will be preserved without loss.

11. Limitation of Liability

To the maximum extent permitted by law, MALCONTENT and its owners, officers, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of the Service, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless MALCONTENT and its owners, officers, and affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll post the updated Terms on this page with a new effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15. Contact

Questions about these Terms? Reach us at areyoumalcontent@gmail.com.