Mannapov General Terms of Service
Thanks for using our products and services (“Services”). The Services are provided by Mannapov, LLC. (“Mannapov”), located at 42 Cascade Caverns Road, Boerne, Texas, 78015, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Mannapov’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Item Compatibility Engine™ (“ICE”) Account
You may need an ICE Account in order to use some of our Services. You may create your own ICE Account, or your ICE Account may be assigned to you by an administrator, such as your employer or authorized reseller. If you are using an ICE Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your ICE Account, keep your password confidential. You are responsible for the activity that happens on or through your ICE Account. Try not to reuse your ICE Account password on third-party applications. If you learn of any unauthorized use of your password or ICE Account, please reset it so nobody else can sign in to your account.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, send us an e-mail to: [email protected].
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Mannapov (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a sales listing you have added to ICE). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you have an ICE Account, we may display your Profile name, Profile photo, and actions you take on ICE or on third-party applications connected to your ICE Account in our Services. We will respect the choices you make to limit sharing or visibility settings in your ICE Account.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Mannapov gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Mannapov as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Mannapov, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Mannapov may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MANNAPOV NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, MANNAPOV, AND MANNAPOV’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MANNAPOV, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, MANNAPOV, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Mannapov and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Mannapov and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Kendall County, Texas, USA, and you and Mannapov consent to personal jurisdiction in those courts.
ICE Clear™ Terms of Service
By downloading, installing, or using the Mannapov’s ICE Clear™ software, accessing or using the ICE service (together, the “Products” or “Services“), or accessing or using any of the content available within the Products, you agree to be bound by the following: (1) the Mannapov General Terms of Service (the “Universal Terms“); and (2) the additional terms and conditions set forth below (the “Additional Terms“). Collectively, the Universal Terms, and the Additional Terms are referred to as the “Terms“.
- Use of the Products. Mannapov grants you a non-exclusive, non-transferable license to access the ICE Clear™ service, to download and use the ICE Clear™ software and service, and to access the Content (as defined below) within the Products and according to the Terms.
- Restrictions on Use. Unless you have received prior written authorization from Mannapov (or, as applicable, from the provider of particular Content), you must not: (a) copy, translate, modify, or make derivative works of the Content or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties; (c) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law; (d) use the Products to create a database of places or other local listings information.
- Appropriate Conduct; Compliance with Law and Mannapov Policies. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Mannapov may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material; (e) restrict or inhibit any other user from using and enjoying the Products or Mannapov services; (f) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Mannapov services or Content, or collect information about users for any unauthorized purpose; (g) submit content that falsely expresses or implies that such content is sponsored or endorsed by Google; (h) create user accounts by automated means or under false or fraudulent pretenses; (i) promote or provide instructional information about illegal activities; (j) promote physical harm or injury against any group or individual; or (k) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- Content in the Products. ICE and ICE Clear™ allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, analytics, and other related information provided by Mannapov, its licensors, and its users (the “Content“). Additionally, you may choose to access other third party content made available in the Products through Mannapov services such as ICE.
- Additional Terms for ICE Clear™. The ICE Clear™ software is subject to United States export controls. By using the ICE Clear™ software, you agree to use the software only for purposes that are legal, proper and in accordance with these Terms. Specifically, you agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR“) maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control.
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. (a) MANNAPOV AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS. (b) SUBJECT TO THE “OUR WARRANTIES AND DISCLAIMERS” SECTION OF THE MANNAPOV UNIVERSAL TERMS, MANNAPOV AND ITS LICENSORS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.