Introduction
These are the terms and conditions of use of the www.mannadesignworks.com web site, its related websites, and its and their successor web sites (collectively referred to as the “Site”), which are owned and operated by Manna DesignWorks Inc. (which may be referred to in the Terms as “we”, “us”, “www.mannadesignworks.com” or “Manna DesignWorks”). By visiting the Site or by indicating during any purchase on the Site that you agree to these terms and conditions of use, you are agreeing to be legally bound by them and also by our Privacy Policy (collectively with these terms and conditions of use referred to as the “Terms” or the “Agreement”), and are also agreeing that while you use the Site or use anything that you purchase from the Site you will comply with all applicable laws and regulations.
If you do not agree with the Terms, you are prohibited from using or accessing the Site. The materials, information, software, and content contained in or on or that may be purchased from the Site (collectively referred to herein as the “Materials”) are protected by applicable law, including copyright and trademark law.
By agreeing to the Terms, you agree to our use, collection and disclosure of your personal information as described in our Privacy Policy.
Registration
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.
Our Grant to You of a Limited Use License
The Materials are our property or are licensed to us by third parties, and are protected by law. We reserve all rights to the Materials except for those granted in the Terms. You may not redistribute, broadcast, stream, upload, share, publish or share them with anyone else in any way, provided that you may use code provided on the Site in any of your projects and are free to publish the source of that code anywhere, including on the internet. If you purchase video Materials from the Site we grant you a license to use those Materials only for your own personal, non-commercial viewing. If you purchase access to Materials on the Site, you may not produce your own video tutorials that substantially imitate those Materials or the methods or techniques described in those Materials, or are competitive with those Materials. If the Site describes a term, viewing, streaming or download limit on the use of the Materials, they are licensed to you subject to those limits. If you would like a license better suited to your use, please contact us at the email address below.
The rights granted to you in the Terms are the grant of a license, not a transfer of title. That grant is non-exclusive, non-sublicensable, and non-assignable or transferable, and may be revoked by us without notice if you breach the Terms.
Notwithstanding any other provision of the Terms, we reserve the right to change, suspend, remove, or disable access to any Materials at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Materials.
Purchases on the Site
You agree to pay for all Materials that you license through the Site, and that we may charge your credit card or other permitted payment method through our payment processor for any Materials licensed. The payment methods that we accept are described on the Site. You are responsible for the timely payment of all fees and for providing our payment processor with valid credit card or other permitted payment details for payment of all fees. All purchases on the Site are final, but if you are not satisfied with your purchase, you may contact us at the email address below to request a refund. Any refund requests must be received within 90 days of the purchase date. Refunds are given at our sole discretion.
Disclaimers
The Site and the Materials are provided to you “as is” and “as available” basis. We make no warranties, expressed or implied, about the Site or the Materials, and we disclaim all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, availability, uninterrupted operation, title or non-infringement of intellectual property or other violation of third-party rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Site or the Materials, or otherwise relating to such Materials or on any web sites linked to the Site.
We do not represent or guarantee that the Site or the Materials will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. Materials are periodically archived and may not after that time be available for download, so you should download the Materials you purchase and make sure you backup your copy.. You shall be responsible for backing up your own system, including any Materials licensed from the Site that are stored in your system.
We shall use reasonable efforts to protect information submitted by you in connection with your use of the Site, but you acknowledge and agree that your submission of such information is at your sole risk, and we hereby disclaim any and all liability to you for any loss or liability relating to such information in any way.
In no case shall we or our suppliers or licensors, and our respective directors, officers, employees, affiliates, agents, contractors, and principals, be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Site or any of the Materials or for any other claim related in any way to your use of the Site or the Materials, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. In all cases, our maximum aggregate liability to you for any loss, damage or liability that you may suffer from using the Site or the Materials is the purchase price of the Materials you obtained from the Site from which such loss, damage or liability arose.
Termination
a. Termination by Us. If you fail, or we suspect that you have failed, to comply with any of the provisions of the terms, including but not limited to failure to make payment of fees due, violation of any license to the Materials, or infringement or other violation of third parties’ rights, we, at our sole discretion, without notice to you may: (i) terminate the Agreement including your licenses to the Materials (or any part thereof) and your account on the Site; and/or (ii) terminate only such licenses and your account; and/or (iii) preclude access to the Materials (or any part thereof) through the Site or to your account.
b. Termination of the Services Offered by the Site. We reserve the right to modify, suspend, or discontinue the Site (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.
Miscellaneous
The laws of the Province of Ontario and the federal laws of Canada applicable therein govern these Terms and your use of the Site and the Materials. Your use of the Materials may also be subject to other local, provincial, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us relating in any way to your use of the Site or the Materials resides in the courts of Ontario. The Terms constitute the entire agreement between you and us relating to the Site and the Materials, superseding any prior agreements. You are not permitted to assign any of your rights or obligations under the Terms without our prior written consent, and any such attempted assignment will be void and unenforceable. We may unilaterally revise the Terms at any time. If we amend the Terms, the amendment shall take effect at the stated effective time, and your use of the Site after such effective time shall indicate your agreement with the revised Terms. If we make a material amendment of the Terms that applies to you, we will give prior notice of the amendment either by contacting you at the email address you have provided to us or by posting a banner on the Site which shall be visible when you next visit the Site after the effective time of the amendment. The parties agree that it is their wish that the Terms, as well as any other documents relating to the Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.