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Manteltop is online and in the App store. Start creating Tops today!
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Manteltop Terms of Service
Introduction
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Manteltop, Inc. (“Manteltop”), including text, graphics, images, audio, video, information, tools, descriptions of methods or techniques, applications, code or other similar materials ("Content") and products and services provided through www.Manteltop.com and Manteltop mobile application as well as all elements, software, programs and code forming or incorporated in to www.Manteltop.com and Manteltop mobile application (the "Service"). This Service is operated by Manteltop, Inc. Manteltop is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Manteltop website or Manteltop mobile application (the "App"). If you choose to create an account and use our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by Manteltop on an "AS IS" and "AS AVAILABLE" basis and Manteltop reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Manteltop is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Manteltop has a firm commitment to safeguarding your privacy. Please review Manteltop's Privacy Policy. The terms of Manteltop's privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify Manteltop or third parties and their products and services are proprietary marks of Manteltop and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Manteltop or any third party with respect to any such image, logo or name.
4. Copyright
Manteltop is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted digital mementoes (“Tops”) to Manteltop are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative Tops based on any of the Content including any such Tops without the express, written consent of Manteltop or the appropriate owner of copyright in such Tops. Manteltop does not claim ownership rights to your Tops or other Content posted, uploaded, submitted, offered, transmitted, or made available by you to Manteltop (“Your Content”). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
5. Reporting Copyright Violations
Manteltop respects the intellectual property rights of others and expects users of the Service to do the same. At Manteltop's discretion and in appropriate circumstances, Manteltop may remove Your Content submitted to the App, terminate the accounts of users or prevent access to the App by users who infringe the intellectual property rights of others. If you believe the copyright in Your Content or in the Content for which you act as an agent has been infringed through this Service, please contact Manteltop's agent for notice of claims of copyright infringement, who can be reached through violations@Manteltop.com. You must provide our agent with substantially the following information, which Manteltop may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted content claimed to have been infringed, or, if multiple copyrighted content at a single online site are covered by a single notification, a representative list of such content at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please see Manteltop's Copyright Policy for further information and details.
6. External Links
Manteltop may provide links to third-party websites or resources. You acknowledge and agree that Manteltop is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Manteltop of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may provide access to third-party software or services available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third-party provider and the agreement to use such software will be solely between you and the third-party provider. To the extent the Service contains or provides access to any third-party software or services, Manteltop has no express or implied obligation to provide any technical or other support for such software or services.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Manteltop that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Manteltop does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Manteltop, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, Your Conent, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
MANTELTOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MANTELTOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. MANTELTOP MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT MANTELTOP IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, MANTELTOP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF MANTELTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MANTELTOP'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO MANTELTOP PURSUANT TO THIS AGREEMENT.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have created a user account, we may notify you of any material changes to these Terms (and the effective date of such changes) by sending a notification on the App. In addition, we will post the revised terms on the App. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
11. General
These Terms constitute the entire agreement between Manteltop and you with respect to your use of the Service. Manteltop's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Manteltop shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Manteltop. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Delaware.
12. Comments
If you have any comments or questions about the Service please contact us by email at support@Manteltop.com.
Section II: Additional Terms
13. Registration
To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service without the consent of a parent/guardian. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
14. Password
When you register as a user you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Manteltop of any unauthorized use of your password.
15. Copyright Policy and Etiquette Policy
Digital mementoes or Tops - As a registered user of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Digital Materials," for inclusion in your user collection (“Mantel”). Prior to submitting Digital Materials, you must accept the additional terms and conditions of the Copyright Policy and Etiquette Policy which are incorporated into, and forms a part of, the Terms.
16. Copyright in Your Content
Manteltop does not claim ownership rights in Your Content. For the sole purpose of enabling us to make Your Content available through the Service, you grant to Manteltop a worldwide, non-exclusive, royalty-free license, with a right to sublicense, to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display Your Content using readily available tools on their computers for this purpose although other than by linking to Your Content on Manteltop. Any use by a third party of Your Content could violate Paragraph 4 of these Terms of Service unless the third party receives permission from you by license.
17. Monitoring Content
Manteltop has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service. However, Manteltop, at its sole discretion may choose to classify content as "mature content" even without being classified as such by a user.
18. Storage Policy
At this time, Manteltop provides free online storage of Your Content to account users of the Service. However, you acknowledge and agree that Manteltop may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Manteltop's servers. Furthermore, you acknowledge that Manteltop reserves the right to terminate or suspend accounts that are inactive, in Manteltop's sole discretion, for an extended period of time (thus deleting or suspending access to Your Content). Without limiting the generality of Paragraph 9, Manteltop shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Manteltop reserves the right to modify its storage policies from time to time, with or without notice to you.
19. Conduct
You agree to be subject to and to conduct yourself in accordance with the Manteltop Etiquette Policy. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to Manteltop’s Copyright Policy for further details.
You agree not to use the Service:
for any unlawful purposes; to upload, post, or otherwise transmit any public and shared content (content which you offer for free) that is pornographic, obscene, offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; to upload, post, or otherwise transmit any subscription or paid content featuring pornographic material of real people, which offers sexual services, which glorifies sexual violence, fringe sexual fetish creations, fetish creations that are hard to distinguish from non-consensual sex, or that is obscene, offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; to upload, post, or otherwise transmit any material which is likely to cause harm to Manteltop or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; for any commercial purpose, except as expressly permitted under these Terms; to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Manteltop by hyperlink and not to compete with Manteltop.
20. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Manteltop. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Manteltop’s written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
21. Groups
As an account user of the Service, you will also be able to participate as an administrator or member of a “Group” which is a set of users for the purpose of distributing and collecting Tops. You agree to participate in a Group on the basis of these Terms of Service, the conduct set out in Paragraphs 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities. As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group. Groups are managed by account users of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies. Groups may not be used to collect personal data about participants in Groups without the participant's express permission. As a result of a violation of the Terms of Service or of any other of our policies, we can remove a Group and the Group's privileges at any time at our discretion. The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. Manteltop will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose.
22. Suspension and Termination of Access
You agree that Manteltop may at any time, and without notice, suspend or terminate any part of the Service, delete any Content stored on the Manteltop Site, in Manteltop's sole discretion, if you fail to comply with the Terms or applicable law.
23. Purchases of Tops
All payments are to be made in US dollars and prices are subject to change at any time. Any purchase made is by the account user and the account user only. Manteltop only provides the platform in which such purchase is available, but in any event will not be responsible for the purchased Top, its quality, terms, price etc. Before making a purchase, we advise you to review the Top and make sure it is acceptable to you. Purchases made on Manteltop are non refundable. At Manteltop's discretion, it may elect to limit the size of transactions on the Service.
24. Trading on Manteltop
Manteltop is not a fiduciary, contracting agent, or representative of any Seller or Buyer in a Trade of Tops and disclaims all responsibilities and obligations related to any of these roles. Manteltop is not a party to a Trade of Tops between the Seller and the Buyer and is not a third-party beneficiary of that any other arrangement between them. Unless expressly specified otherwise on a specific matter, Manteltop does not endorse any Seller or Buyers or any of the content made available through the Service; Manteltop does not own, control, sell, resell, make or otherwise provide the content made available by a Seller; Manteltop is not responsible for and disclaims all liability for the condition, quality, legality, and suitability of any content made available by a Seller; and Manteltop is not responsible for the bona fides of any Seller or Buyer. Manteltop disclaims any and all liability related to any Trade using the Service. Manteltop does not attempt to confirm any member's purported identity, and Manteltop will not be responsible for any damage or harm resulting from your interactions with other members or other third parties. By using the Service, you agree to look to the particular Seller or Buyer or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, Manteltop for the acts or omissions of members or other third parties. Manteltop HAS NO CONTROL OVER THE CONDUCT OF SELLERS, BUYERS OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. Any Trade made between a Seller and a Buyer using the Service automatically incorporates by reference an agreement between the Seller and the Buyer that they are both subject to these Terms for the use of the Service. Any transfer of ownership or license of rights in Content from a Seller to a Buyer occurs separately pursuant to an agreement between the Seller and the Buyer. Seller (or Buyer at the time of purchase, as applicable subject to the agreement between Seller and Buyer) reserves all other rights and licenses in and to Your Content that you make available on or through the Service. In order to Trade or Distribute a Top on the Manteltop platform, you need to create a Manteltop account and purchase a Top created with Your Content. You will be required to choose a Top from your Mantel. You are solely liable for choosing such Top and Manteltop has no responsibility over your choices. Once you choose the Top you wish, you will not be able to change it. If you wish to offer it for a Trade, you are bound by the rights and obligation and these Terms of Service. These guidelines specify your usage rights, exclusivity rights and others, including associated terms. These Terms may change from time to time at Manteltop's sole discretion. Please revisit the Terms before making any a Trade or purchase, to make sure you comply and are aware of the applicable terms. The user agrees to pay any fees and taxes that may accrue in relation to his or her purchase of a Top on the Service, if any. Manteltop reserves the right, but has no obligation, to confirm the credibility of all payment transactions, including confirming the validity of credit card transactions, and Sellers acknowledge that such process may delay or preclude receipt of payments. Manteltop is not obligated to process payments (i) that are deposited by fraudulent, illegal, or unauthorized means, as reasonably determined by Manteltop or (ii) to any account located in a country or territory where there is high-risk for fraudulent activity, as reasonably determined by Manteltop. All prices, fees and other amounts referred to in these Terms of Service, including any prices, and fees set forth on the Service, are stated or are to be stated in U.S. dollars or in TopCredits.
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