Terms & Conditions of Use
Date Last Modified: November 15, 2021
Mana Interactive, Inc. (“Mana” “We” “Us” or “Our”) operates the website located at https://www.potion.gg/ (the “Site”), its desktop and mobile application, and other services (collectively referred to herein as the “Services”) available for your (“User” “You” “Your” or “Yourself”) use subject to this Agreement.
ACCEPTANCE OF TERMS
By creating a Potion User account (“Account”), or participating in any Services, Users:
(i) acknowledge that they have read and agree to be bound to, and abide by, these Terms;
(ii) represent and warrant that they are authorized and able to accept these Terms.
If a User does not wish to be bound by the Terms, the User must not access the Site or participate in the Services. By declining to accept these Terms, the User will be unable to create an Account or participate in the Services.
Mana reserves the right to change these Terms at any time without prior notice to You, and any amended Terms are effective upon posting. If We make what We determine to be material changes to these Terms, We will update the “Date Last Modified” and will notify You via the Site. Your continued use of the Services following such material changes constitutes Your consent to the changes. If You do not agree to the changes, Your sole remedy is to cease using the Services. It is Your responsibility to periodically check and review these Terms for changes.
In addition to these Terms, additional terms and conditions may govern various promotional offers, offered to You from time to time. Such promotional offers are governed by their corresponding Promotional Terms and Conditions.
MANA AND POTION ARE NOT AFFILIATED, AUTHORIZED, LICENSED OR ENDORSED BY RIOT GAMES, SUPERCELL OY, AMAZON, OR VISA. RIOT GAMES, RIOT, THE RIOT GAMES LOGO, LEAGUE OF LEGENDS, TEAMFIGHT TACTICS, TFT, THE LEAGUE OF LEGENDS LOGO, CLASH ROYALE, BRAWL STARS, AND THE TEAMFIGHT TACTICS LOGO ARE TRADEMARKS OR REGISTERED TRADEMARKS OF RIOT GAMES.
SOCIAL NETWORKING DISCLAIMER
Video content may be streamed through, and the Services may be accessible through or provide links to third party social networking sites and applications, including, without limitation, Discord, Facebook, Twitch, Twitter, Instagram, TikTok, and YouTube. As a condition of participating in the Services, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with the Services. All questions regarding the Services must be directed to Mana. Users further acknowledge and agree that as a condition of participating in the Services, Users shall release Discord Inc., Facebook, Inc., Twitch Interactive, Inc., Twitter Inc., YouTube, Inc., and any other third party social networking sites accessible through the Services from any and all liability arising out of Users’ participation in such Services. The integration of third party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
To be eligible to create an Account and become a registered User, You agree (i) that you are at least 13 years of age and the minimum age of digital consent in your country, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. WE RESERVE THE RIGHT TO DENY ACCESS TO THE SERVICES TO ANYONE AT OUR SOLE DISCRETION.
To create an Account, download and open the Potion app on an Android or iOS enabled device. Click on the ‘Sign Up’ button, and complete the registration process. To create an Account, You will be required to (a) submit Your email address and create a passcode, (b) select a unique display name. The display name must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Mana receives information that a display name is illegal or in breach of these Terms, the display name can be amended by Mana without prior notice.
For security reasons, passwords must differ from display names and may be changed whenever You deem necessary. A secure password must contain a combination of at least eight (8) numbers, letters and special characters. For security reasons Users should consider changing their password periodically. Mana will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.
Mana shall not be held liable for untrue, inaccurate, not current or incomplete information provided by You, including, but not limited to, data input error. Mana also reserves the right to request proof of age documentation from any User at any time.
Mana reserves the right, in Our sole discretion, to refuse to register Your Account, or suspend and/or terminate Your Account at any time. Subject to the fulfillment of any outstanding commitments under these Terms, Mana reserves the right to terminate Your use of the Services at any time.
You agree to keep Your password secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your login information, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your password is no longer secure and confidential, You should immediately change Your password within the Services and notify Mana by sending an email to the Customer Support Team via firstname.lastname@example.org, with the subject heading “Password Security.” Without limiting the foregoing, any transactions made and accepted within the Services where Your login information has been used will be treated as valid.
For security reasons, We may perform random security checks on Your Account to confirm Your eligibility. In the event of a security check, We may require additional documentation and You agree to fully cooperate with Us in respect of such requirements. We reserve the right to suspend or terminate Your registration and/or Account if We do not receive the requested documentation.
Only one (1) Account is allowed per person. In the event that Mana determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that Mana may have, Mana has the right to suspend or terminate Your Account(s) and refuse any and all current or future use of the Services.
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the Services, and in no event any person under the age of thirteen (13), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident.
You accept full responsibility for all communications made from Your Account, including any communications made from Your Account as a result of someone else using Your Account, either with or without Your knowledge, and You shall be bound by such use as if it were Your own use, and You shall fully indemnify Mana in respect of any failure by such third party to fulfill any commitments made by such use.
To use Mana, you must download and open the Potion app on an Android or iOS enabled device. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Services. Mana will not be responsible for any damage to any computer, computer equipment, Mobile Device, software, data or other property, or loss of data from Mobile Devices on which the data is installed.
INTERACTIVE SERVICES AND USER CONTENT
The Services may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content, such as audio, video, text, or other materials (collectively, “User Content”). Users understand and acknowledge that by using the Services, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the Services constitutes their acceptance of such risk.
All User Content must comply with this Agreement. Any User Content Users post on or through the Services will be considered non-confidential and non-proprietary. By posting any User Content on or through the Services, Users grant Mana and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that:
(i) Users own or control all rights in and to their User Content;
(ii) Users have the right to grant the license granted above to Mana and its respective licensees, successors and assigns; and
(iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not Mana, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. If You delete User Content from the Services, Our general license to that User Content will end after a reasonable period of time required for the deletion to take full effect. However, the User Content may still exist in Our backup copies, which are not publicly available. If Your User Content is shared with third parties, those third parties may have retained copies of Your User Content. In addition, if We made use of Your User Content before You deleted it, We will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after You delete the User Content. Terminating Your Account on the Services will not automatically delete Your User Content. User Content becomes public information, can be collected and used by others, and may result in the receipt of unsolicited messages from third parties. Mana discourages Users from posting any personal information that can be used to identify or locate Users, such as User addresses, email addresses, or phone numbers.
IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICES, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANA IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICES.
Monitoring and Enforcement; Termination
Mana does not undertake a review of material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Mana assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Mana has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Mana does reserve the right, however, at its sole discretion, to take any of the following actions:
(i) Remove or refuse to post any User Content for any or no reason;
(ii) Take any action with respect to any User Content that Mana deems necessary or appropriate, including, without limitation, if Mana believes that any User Content violates this Agreement,
infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other Users or the public or could create liability for Mana;
(iii) Disclose User identity or other information about Users to any third party who claims that material posted by Users violates their rights, including their intellectual property rights or their right to privacy;
(iv) Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
(v) Terminate or suspend access to Your User Account or all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement.
Without limiting the foregoing, Mana reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services. USERS WAIVE AND HOLD HARMLESS MANA AND MANA PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not:
(i) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement;
(v) Be intended or likely to deceive any person;
(vi) Advocate, promote, or assist any illegal activity;
(vii) Be likely to upset, embarrass, alarm, or annoy any other person;
(viii) Impersonate any person, or misrepresent the User’s identity or affiliation with any person or organization;
(ix) Involve commercial activities, sales, or advertising;
(x) Contain any links without prior written permission from Mana; or
(xi) Give the impression that it is endorsed by Mana or any other person or entity, if this is not the case.
Users agree not to use the Services for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
(i) Engage in any illegal activity, or the planning of any illegal activity;
(ii) Threaten, harass, abuse, or otherwise intimidate any User(s);
(iii) Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of Mana, its Users, or any third party;
(iv) Use the Services for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
(v) Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
(vi) Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
(vii) Send or cause to be generated any unwanted email to any User(s);
(viii) Send or cause to be generated any unwanted messages in the Services;
(ix) Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Services;
(x) Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Services for any purpose;
(xi) Using any unauthorized programs that interact with the software in any way for any purpose, including, but not limited to intercepting, emulating, or redirecting any communication, or collecting information or reading memory used by Mana;
(xii) Improperly using support or complaint features of the Services or making false reports to Mana;
(xiii) Selling or transferring an Account or any attributes related thereto;
(xiv)Involve commercial activities, sales, or advertising;
(xv) Engaging in any activity to gain an unfair advantage over Mana or other Users, or otherwise acting in an unfair manner by exploiting a fault in Mana software, by collusion or by any other unfair or illegal methods; or
(xvi) Engaging in any other activity deemed by Mana to be in conflict with the spirit or intent of this Agreement.
Any use of the Services in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account termination, withholding of the balance of Your Account, recovery of any affected payouts from Your Account, prohibition from using the Services, and/or legal action. Users understand that any attempt to deliberately damage the Services and Mana reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to email@example.com, with the subject heading “Violations.” Please report responsibly.
LIMITATIONS ON WARRANTY AND LIABILITY
Disclaimer of Warranties
Users expressly acknowledge and agree that use of the Services is at their sole risk. Users further acknowledge and agree that the Services are provided on an “AS IS” and “as available” basis. Neither Mana nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Mana as well their respective officers, directors, members, managers, representatives, agents, employees, investors or the like (collectively “Mana Providers”), warrant that offerings affiliated with Mana, including, but not limited to, the Site, the Potion Application, and the Services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MANA AND THE MANA PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MANA AND THE MANA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES.
NEITHER MANA NOR ANY MANA PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER MANA NOR ANY MANA PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE SERVICES) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED MANA REPRESENTATIVE.
Limitations on Liability
NEITHER MANA NOR THE MANA PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MANA AND THE MANA PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER MANA NOR THE MANA PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY, ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF MANA OR THE MANA PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT NEITHER MANA NOR THE MANA PROVIDERS SHALL BE LIABLE TO USERS FOR ANY LOSS OR DAMAGES DUE TO VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT, MOBILE HANDSET, TABLET, SOFTWARE, DATA OR OTHER PROPERTY RESULTING FROM USERS’ USE OF THE SERVICES.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
MANA SERVICES, MAINTENANCE AND RIGHT TO TERMINATE
Mana conducts maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Services will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that Mana may update the Services with or without notifying Users.
You may close Your Account and terminate Your right to use the Services at any time by clicking on the ‘Delete Account’ button under ‘Profile Settings’.
All problems encountered during the use of the Services, including those with regard to User Accounts, etc., can be reported to Mana when the problem is encountered by sending an email to the Customer Support Team via firstname.lastname@example.org, with the subject heading “Assistance Request.” If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination, and You should communicate with the Customer Support Team regarding restoration of Your Account by sending an email to email@example.com, with the subject heading “Suspended Account.”
THIRD PARTY ADVERTISING
CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Services are provided by Mana Interactive, Inc., Attn: Customer Support Team, 8 The Green, Ste A, Dover, DE 19901, and that (ii) a fee may be charged for certain offerings, including, without limitation, in connection with Services. Mana reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Services or desire further information on use of the Services, please contact the Customer Support Team via firstname.lastname@example.org.
PRIVACY AND DATA COLLECTION
If the FAQs do not provide an answer to Your query, the Customer Support Team would love to hear from You. Please reach out by sending us an email at email@example.com.
COMPLAINTS AND DISPUTE RESOLUTION PROCESS
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Users agree to work with Mana in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Services before escalating to binding arbitration or litigation, as addressed below. The following steps are available to Users:
Initial Dispute Resolution
Users must give Mana an opportunity to resolve the Dispute by sending an email to firstname.lastname@example.org, with the subject line “Dispute” or mailing Mana Interactive, Inc., Attn: Customer Support Team, 8 The Green, Ste A, Dover, DE 19901 (our “Notice Address”). The written notification of Dispute must include: (i) the User’s name and email address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
Escalate to Management
Should You be in any way dissatisfied with the resolution provided by the Customer Support Team regarding Your query, dispute or complaint, You can request that the matter be escalated to a member of our Management Team. Once received our Management Team will personally review and respond to Your query, dispute or complaint. Please allow up to three (3) business days for a response.
Should a User be in any way dissatisfied with the resolution provided by the Management Team regarding the Dispute or in the event that the parties are unable to resolve the Dispute within fourteen (14) days of Mana’s receipt of the User’s written notification, then either party may initiate binding arbitration as the sole means to resolve the Dispute, subject to the terms set forth below. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to an International Chamber of Commerce (ICC) Arbital Tribunal and shall be governed and finally resolved by the ICC Rules of Arbitration, for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND MANA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Relationship of Parties/No Third Party Beneficiaries
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and Mana as a result of this Agreement or their use of the Services. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of Mana and Mana shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Mana may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, Mana may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement without Mana’s prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.
NO FAILURE OR FORBEARANCE ON MANA’S PART TO EXERCISE ITS RIGHTS OR INSIST UPON PERFORMANCE OF OBLIGATIONS HEREUNDER IS TO BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF THOSE OR ANY OTHER RIGHTS OR OBLIGATIONS IN THAT OR ANY OTHER INSTANCE; RATHER, THE SAME SHALL REMAIN IN FULL FORCE AND EFFECT.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the Services or otherwise interrupt or attempt to interrupt the operations of Mana (collectively, a “Circumvention Act”). If Mana determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Services, then, in such an event, Mana reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless Mana and the Mana Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Services, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. Mana reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify Mana, and Users agree to cooperate with Mana’s defense of these claims. Mana will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their Mana Account or of the Services.
Mana shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Mana may notify Users via postings in the Services, via email and/or any other method of communication to the contact information Users provide to Us. All questions, complaints, or claims pertaining to the Services as well as any notices given by Users or required from Users under these Terms shall be in writing and directed to.
These Terms constitute the entire agreement between Users and Mana with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mana.
Reservation of Rights
Mana reserves the right to enforce its Terms if Mana, in its sole discretion, determines that the services provided by a content provider’s platform (including but not limited to websites, mobile applications, web-based applications, desktop-based applications, or social media accounts) is detrimental to the Company brand or brands, including, without limitation, in any manner that is disparaging or that otherwise portrays Mana in a negative light, or has a negative impact on the integrity of Mana’s product or business operations.
Mana’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Mana’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Services or information provided to or gathered by Mana with respect to such use.
By using these Services, You agree that the laws of the New York will govern these Terms, without giving effect to any principles of conflicts of laws.