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Acceptance of Terms |
Welcome to Manivista. Manivista provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you.
By viewing Manivista.com, you
agree to the following term and conditions detailed below. IF YOU DO NOT
AGREE, PLEASE DO NOT USE THIS WEBSITE.
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Description of Service |
Manivista currently provides users with access to a rich collection of
resources, including, various communications tools, forums, personalized
content and branded programming through its network of properties (the
"Service"). You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Manivista to
provide the Service. You also understand and agree that the service may
include certain communications from Manivista.com, such as service
announcements, administrative messages and the Manivista Newsletter, and
that these communications are considered part of Manivista membership and
you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Manivista properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and that
Manivista assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Advertisement, Web Design, or Custom Games). You are responsible
for those fees, including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please be aware that
Manivista has created certain areas on the Service that contain adult or
mature content. You must be at least 18 years of age to access and view such
areas. Manivista will not contact children under age 13 about special offers
or for marketing purposes (Manivista.com Newsletter is not included in this
policy) Manivista does not ask a child under age 13 for more personal
information.
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Member Conduct |
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not Manivista, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the
Service. Manivista does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will mManivista be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email,
transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- upload, post, email,
transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
- upload, post, email,
transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
- interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
- networks connected to
the Service;
collect or store personal data about other users.
You acknowledge that
Manivista does not pre-screen Content, but that Manivista and its designers
shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service. Without
limiting the foregoing, Manivista and its designers shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by Manivista or submitted to Manivista,
including without limitation information in all parts of the Service.
You acknowledge and agree
that Manivista may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of
Manivista, its users and the public.
You understand that the
technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
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No Resale of Service |
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
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Links |
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Manivista has no control over such
sites and resources, you acknowledge and agree that Manivista is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Manivista shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
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Disclaimer of Warranties |
You should understand and agree to these terms in order to use
Manivista.com;
- YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MANIVSTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
- MANIVISTA! MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
- NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANIVISTA OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
If you have any other
question about our ("TOU") or Privacy Policy, please fell free to
contact us.
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