GiveMANI TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MANI, LLC REGARDING YOUR USE OF THE INTERNET WEBSITE SERVICE MANI.COM. BY USING THE SERVICE, INCLUDING VIEWING CONTENT AND PARTICIPATING IN THE MANI POINTS PROGRAM, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND MANI, LLC (WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO AND USE OF MANI.COM IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS WHETHER YOU ARE A "VISITOR", MEANING THAT YOU SIMPLY BROWSE THE SITE OR YOU ARE A "MEMBER" MEANING THAT YOU HAVE REGISTERED WITH MANI. THE TERM "USER" REFERS TO A VISITOR OR A MEMBER.
These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Mani, LLC ("Mani", "we", "us", or "our") regarding your use of Mani’s internet web site located at www.manirewards.com (the “Site”), as well as the associated web pages services, features and functions made available by Mani and this Site (individually and collectively, "Mani Rewards"). The term "Mani Rewards" also includes any and all branded, equivalent, mirror, replacement, substitute or backup websites and web pages and those containing authorized content owned by Mani. These Terms of Use includes Mani’s policy for acceptable use of Mani Rewards and content posted on the Site, your rights, obligations and restrictions regarding your use of Mani Rewards and Mani’s Privacy Policy. In order to participate in Mani Rewards, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Mani Rewards in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use. When we use the term "Terms of Use" we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of any features, functions and services we make available to you from time to time through Mani Rewards, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of Mani Rewards, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
1. TERMS OF SERVICE
Mani Rewards is offered and made available only to users 18 years of age or older residing in the United States or Canada – Mani Rewards is not intended for children under 13. Your account may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age. By using or attempting to use the Mani Rewards, you certify that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not yet 18 years old, or your use of Mani Rewards is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use Mani Rewards. Use of Mani Rewards is void where prohibited.
Mani Rewards ("Rewards") Members may earn Rewards for using mobile and digital apps in the Mani network, and complying with the terms of other offers or programs from Mani or other participating companies.
The words "use" or "using" in these Terms of Use, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Mani Rewards, transmit, receive or exchange data or communicate with Mani Rewards, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of Mani Rewards, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
You agree that these Terms of Use is subject to change by Mani at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Site, or by mail. You may not alter, delete, add or change or edit any of these Terms of Use, and any such attempted alteration shall be void and of no effect.
2. REGISTRATION
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mani without restriction or notice to you. Mani is under no obligation to provide Members with any particular number of Rewards opportunities or send messages to them. Mani reserves the right to limit Mani Rewards enrollment at any time. Mani membership and its right to use is limited to one individual per Mani Rewards account, and one email address per Member.
Member agrees to provide only true and accurate information to Mani (including to its advertisers and partners) at all times. In order to access and use certain services, features or functions of Mani Rewards, we require users to register and create an account. As part of the registration process, you will need to select and provide us with a unique user name and choose a password which must form a unique combination (a "User ID"), you shall provide your real name, valid e-mail address, age, and we may request that you provide other information that we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of Mani Rewards. Please read our Privacy Policy, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs with your User ID and you must keep your account password secure. You are entirely responsible for maintaining the confidentiality of your password. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You may never use another's account without permission. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify Mani if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns. Although Mani will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mani or others due to such unauthorized use.
Member agrees to comply with the terms of all Mani Rewards and Mani advertiser and partner offers, promotions, and programs at all times.
Mani reserves the right to terminate or disable, at Mani’s sole discretion, any Mani Rewards membership if Mani believes such Member has violated or acted inconsistently with these Terms of Use. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Mani Rewards. Member understands and agrees termination of membership will result in the cancellation of all of Member's Rewards.
Mani shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.
Mani reserves the right to adjust Member’s Rewards balance with Mani Rewards reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations may be construed as purchasing fraud and may result in the termination of Member’s Mani Rewards account. Rewards may be spent only on Rewards as offered through Mani at the time of redemption. Mani Rewards have no cash value. Mani is not responsible for lost or stolen Mani Rewards once issued. Mani promotions are subject to change at any time without notice. The number of Mani Rewards required to redeem for a reward are subject to change at any time without notice. Mani Rewards will be subtracted from Member's account once the redemption order is placed by the member and captured by Mani.
Member agrees to ensure that Member's personal profile is up to date and accurate. Member agrees to promptly notify Mani of any change in Member's address (mail or email) or personal profile by updating his or her personal information in Member’s account. Member's failure to notify Mani of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Mani Rewards. Mani reserves the right to cancel or disable accounts and delete unredeemed Mani Rewards in those accounts that are inactive for a period of 12 consecutive months . Inactivity shall be defined as lack of any use of any app in the Mani app network .
3. Ownership and Proprietary Rights
Mani Rewards, including without limitation , all content, media and materials, all Mani software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned or licensed by Mani and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Mani Rewards" includes "Content" as well.
Content on the Site is provided to you AS IS for your information and personal use only. Mani Rewards contain Content of Users and other Mani licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, without the express prior written consent of Mani. Mani authorizes you to access Content and grants you the right to use Mani Rewards solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on Mani Rewards including notices on any Content you download, transmit, display, print or reproduce from Mani Rewards. Mani reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Mani Rewards or features that prevent or restrict use or copying of any Content or enforce limitations on use of Mani Rewards or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
By displaying, uploading or publishing ("posting") any Content, or any other materials on or through Mani Rewards, you hereby grant to Mani a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through Mani Rewards. This license will terminate at the time you remove such Content from Mani Rewards. You represent and warrant that: (i) you own the Content posted by you on or through Mani Rewards or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Mani Rewards does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Mani Rewards.
We have no obligation to maintain or store any Content posted by you. We have the right to delete any Content for any reason or no reason, including but not limited to service cancellation or violation of this Agreement. Once deleted, any Content you have stored on or through Mani Rewards cannot be retrieved.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from Mani Rewards, unless you are expressly authorized to do so by Mani. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to Mani servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Mani grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mani reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. As an express condition of your use of Mani Rewards, you warrant to Mani that you will not use Mani Rewards for any unlawful purpose or purpose prohibited by these Terms of Use. If you violate any part of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Mani makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access Mani Rewards.
Mani’s Content is protected by copyright, trademark, patent, trade secret and other laws, and Mani owns and retains all rights to its Content and Mani Rewards. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on Mani Rewards that infringes the copyright rights of others and will disable the access to Mani Rewards, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of Mani Rewards, including, without limitation, "Mani", are the intellectual property of, and proprietary to Mani LLC , its affiliates, its or their Advertisers (as defined below), suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of Mani.
4. Advertising
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of Mani Rewards or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved 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 Advertiser or any goods or services you may purchase or obtain from any Advertiser). Mani will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.
5. Rules of Conduct
Your use of Mani Rewards is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through Mani Rewards. Mani reserves the right to investigate and take appropriate legal action against anyone who, in Mani’s sole discretion, violates this provision, including without limitation, removing the offending communication from Mani Rewards and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited Content and/or activity include, but are not limited to Content and/or activity that, in the sole discretion of Mani are itemized below. You shall not use, allow, or enable others to use Mani Rewards, or knowingly condone use of Mani Rewards by others, in any manner that is, attempts to, or is likely to:
1) be libelous, patently offensive, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, sexually suggestive or sexually or violently exploitative, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
2) submit any Content that contains nudity, violence, or is of an offensive subject matter;
3) affect us adversely or reflect negatively on us, Mani, Mani Rewards, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of Mani Rewards, or from advertising, linking or becoming a supplier to us in connection with Mani Rewards;
4) further or promote any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
7) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8) use Mani Rewards in a manner inconsistent with any and all applicable laws and regulations;
9) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called "spamming," “spimming” and "phishing";
10) be used for commercial or business purposes without prior written consent, including, without limitation, advertising, marketing, contests, sweepstakes, barter, advertising, pyramid schemes or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, advertising to, or solicitation of, any User to buy or sell any products or services through Mani Rewards. It is also a violation of these rules to use any information obtained from Mani Rewards in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation;
11) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
12) interfere with, disrupt, or create an undue burden on Mani Rewards or the networks or services connected to Mani Rewards;
13) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
14) cover or obscure the banner advertisements on any Mani Rewards’ page via HTML/CSS or any other means;
15) any automated use of the system, such as using scripts to add friends;
16) sell or otherwise transfer your profile;
17) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; no Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law;
18) gain unauthorized access to Mani Rewards, other Member’s accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to Mani Rewards or to use Mani Rewards in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
19) use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account; or attempt to impersonate another User or person;
20) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;
21) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of Mani Rewards or the rights or use and enjoyment of Mani Rewards by any other person, firm or enterprise; or
22) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of Mani Rewards, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. PROMOTIONS
From time to time, Mani, its affiliates, or Mani service providers, suppliers, and Advertisers may conduct promotions on or through Mani Rewards, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.
7. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on Mani Rewards or any other form of link or re-direction of your connection to, with or through Mani Rewards, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Mani, its affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether Mani or any affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement.
If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Mani collects and uses your Personal Information and co-branding relationships.
These Terms of Use apply to all users of Mani Rewards, including users who are also contributors of video content, information, and other materials or services on the Site. Mani Rewards may contain links to third party websites that are not owned or controlled by Mani. Mani has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mani will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Mani from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.
8. DISCLAIMER AND LIMITATIONS OF LIABILITY
MANI REWARDS, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, MANI MAKES AND PROVIDES NO GUARANTY OR ASSURANCE MANI REWARDS OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, MANI IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF MANI SERVICES OR ANY SITES LINKED TO MANI REWARDS 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING MANI REWARDS AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH MANI REWARDS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MANI, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF MANI REWARDS OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Mani, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your registration and use of Mani Rewards. You further understand and acknowledge the capacity of Mani Rewards, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Mani assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of Mani Rewards for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms of Use may not apply to you. Mani is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Mani Rewards.
Mani.com is controlled and offered by Mani from its facilities in the United States of America. Mani makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. INDEMNIFICATION
You agree to indemnify, defend and hold Mani, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of Mani Rewards and/or any Content you provide, submit or make available on or through Mani Rewards or your unauthorized use of any Content or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Mani Rewards.
Mani reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Mani in the defense of any such claim, action, settlement or compromise negotiations, as requested by Mani.
10. TERMINATION
AT ANY TIME EITHER MEMBER OR MANI MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED REWARDS SHALL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request through the Site located within the My Account page found on the Site. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Mani Rewards after termination.
Should Member object to any of the terms and conditions of these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with Mani Rewards, Member's only recourse is to immediately discontinue participation in Mani Rewards and properly terminate his or her membership.
11. NON-TRANSFERABILITY
Member's right to use Rewards is non-transferable. Rewards are non-transferable and are void if transferred. Member's membership will terminate immediately in the event of Member's death. Rewards may not be bartered or sold. Your account and Rewards are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
12. GENERAL TERMS
These Terms of Use, including, without limitation, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and Mani and supersede any and all prior, inconsistent or other understandings relating to Mani Rewards and your use of Mani Rewards. This Agreement cannot be modified, changed or terminated, except as specifically described in Section 1. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions and these Terms of Use will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of Mani Rewards, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
These Terms of Use and your use of Mani Rewards shall be governed by, construed and enforced in accordance with the substantive laws of the State of New Jersey applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and County of Somerset and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Mani has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF MANI REWARDS OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND MANI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last updated: 3 February 2012
