Effective February 1, 2016
Welcome to Mantiz. These terms & conditions (“Mantiz”) are offered to you by Mantiz Innovation and its affiliates (“Mantiz”), and govern your use as a visitor to www.mymantiz.com and/ or other websites managed by Mantiz that reference the T&Cs. Please read these T&Cs carefully. By using, accessing and/or visiting the Mantiz Sites, you accept and agree to these T&Cs. If you do not accept and agree to the T&C, you should immediately stop using, accessing, and/or visiting the Mantiz Sites.
We reserve the right to make changes at any time to the Mantiz Sites, these T&Cs, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the T&Cs by posting the new T&Cs on the Mantiz Sites. Please consult these T&Cs regularly for any changes. The date of the last revision appears at the top of the T&Cs. Your use of the Mantiz Sites following any changes to the T&Cs will signify your acceptance of the revised terms.
Subject to these T&C, Mantiz grants you a limited license to access and use the Mantiz Sites for your personal, non-commercial use. However, except as otherwise provided in these T&C, the contents of the Mantiz Sites is owned by or licensed to Mantiz, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify a Mantiz Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Mantiz Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of mymantiz.com so long as the link does not portray Mantiz or mymantiz.com in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other "hidden text" utilizing Mantiz or mymantiz’s name or trademarks to reference the Mantiz Sites without our express written consent. You may not use disguised referrals to link to any Mantiz Site. Without our prior written consent, you may not exploit the Mantiz Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the Mantiz Sites only with involvement of a parent or guardian. Any unauthorized use of the Mantiz Sites or use in violation of these T&Cs terminates this limited license.
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Mantiz in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of "spam."
Mantiz takes no responsibility and assumes no liability for any content posted by you or any third party. Mantiz may monitor, review or edit such content you or others post or submit, but is not obligated to do so. When you visit a Mantiz Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Mantiz Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the Mantiz Sites is accurate, complete, reliable, current, or error-free. If you purchase a Mantiz product either through the webstore on Mymantiz or through an authorized retailer, and you believe it is not as described on the Mantiz Sites, or you believe you have not received support for your product as provided in the Limited Warranty, your sole remedy is to return the product in accordance with our Return Policy.
For information about the Limited Warranty for Mantiz products, please visit this.
For information about the Return Policy for Mantiz products, please visit this.
To obtain access to enhanced features for certain products, and/or access to certain features or promotions on the Mantiz Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Mantiz immediately of any unauthorized use. Mantiz reserves the right to refuse service or terminate accounts if you fail to adhere to these T&Cs or any additional terms that may apply to these services, at Mantiz’s reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Mantiz Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Mantiz Sites.
Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Mantiz or its products, which is downloaded from sites or sources outside the Mantiz Sites.
Mantiz provides customer support services (“Support Services”) in accordance with these T&Cs, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here. Mantiz will use commercially reasonable efforts to provide the Support Services in a professional manner, but cannot guarantee that every question or problem raised by you can or will be resolved.
All content included on the Mantiz Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Mantiz and/or its licensors and protected by United States and international copyright laws and other laws and regulations. All software and other materials available for download from the Mantiz Sites are, unless otherwise stated, the property of Mantiz and protected by United States and international copyright laws.
“Mantiz”, the names of Mantiz products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Mantiz. You may not use the foregoing in any manner that disparages or discredits Mantiz or is likely to cause confusion among customers. You may not use Mantiz’s trademarks and/or trade dress in connection with any product or service without our express written consent.
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at firstname.lastname@example.org. Any feedback you provide is deemed to be non-confidential and non-proprietary. Mantiz shall be free to use such information on an unrestricted basis.
Outside of the above-mentioned feedback avenue, Mantiz does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names. Kindly refrain from sending any Unsolicited Ideas in any form to Mantiz or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of Mantiz’s products, services or activities to an Unsolicited Idea.
If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Mantiz owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Mantiz has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Mantiz from all liabilities, damages, losses, costs and expenses arising from Mantiz’s use of the Unsolicited Idea.
Mantiz respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Mantiz Sites without your authorization and you claim infringement, then as outlined in 17 USC 512(c) you should provide the following information to us:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. (ii) identification of the copyrighted work claimed to have been infringed.
(iii) identification of the material that is claimed to be infringing or 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 Mantiz to locate the material.
(iv) information reasonably sufficient to permit Mantiz to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The copyright agent will not respond to inquiries not relevant to copyright.
YOUR USE OF THE MANTIZ SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE MANTIZ SITES AND ALL CONTENTS THEREON ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANTIZ AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MANTIZ SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. MANTIZ MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE MANTIZ SITES OR OF SITES LINKED TO THE MANTIZ SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE MANTIZ SITES OR ANY HYPERLINKED WEBSITES. MANTIZ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE MANTIZ SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE MANTIZ SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MANTIZ, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE MANTIZ SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE MANTIZ SITES OR DOWNLOADABLE MATERIALS), EVEN IF MANTIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANTIZ’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
By using a Mantiz Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these T&Cs and any dispute of any sort that might arise between you and Mantiz from your use of the Mantiz Sites.
Any dispute relating in any way to your visit to the Mantiz Sites shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Mantiz’s intellectual property rights, Mantiz may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
These T&Cs and other legal notices published by Mantiz on the Mantiz Sites applicable to an activity you engage in shall constitute the entire agreement between you and Mantiz concerning the Mantiz Sites. If any of the provisions of these T&Cs shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these T&Cs, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Mantiz’s failure to assert any right under these T&Cs shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Mantiz Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these T&C, but Mantiz may assign the T&C without restriction.
You agree to indemnify, defend and hold Mantiz, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Mantiz Sites and/or any action by you which violates any law, regulation or rights of a third party.
The Mantiz sites may contain links to third-party websites. You acknowledge and agree that Mantiz does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Mantiz of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, Mantiz may terminate your license to access the Mantiz Sites and/or your user account if you violate or breach the T&C or for any other reason, including Mantiz’s discontinuance of the Mantiz Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.