Last Updated: May 11, 2015
Thank you for visiting our site (the “Site”) owned and operated by Mana Digital, LLC (“Company,” “we,” “ us” or “our”), which provides information about our Rock Clock mobile application (“App”) and access to the appropriate app store in order to download it. This Site and the App are collectively referred to herein as our “Digital Media.” These Terms and Conditions govern your use of our Digital Media, and your agreement is a condition to using our Digital Media.
Binding Effect; Modifications to these Terms and Conditions.
This is a binding agreement. By using our Digital Media or any services provided in connection with our App, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of our Digital Media after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave our Digital Media and cease all use.
Age Requirements for General Use of our Digital Media.
We are a general audience site and application and do not direct any of our content specifically at children under 13 years of age. By using our Digital Media, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use OUR DIGITAL MEDIA. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is not at least 13 years of age, we will promptly delete any such personal information in our control.
Modifications to our Digital Media.
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of its Digital Media including, but not limited to, the content, hours of availability, and equipment needed for access or use.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing our Digital Media, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit to or through our Digital Media.
All content on our Digital Media, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of our Digital Media are copyrighted as a collective work under the United States copyright laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on our Digital Media are the property of their respective owners, including, in some instances, Company, and/or its affiliates. Nothing contained on our Digital Media should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from our Digital Media without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Monitoring; Copyright Complaints.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on our Digital Media. Notwithstanding this right, Company does not and cannot review all materials posted to or through our Digital Media by users, and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of our Digital Media. If notified, Company may investigate an allegation that content transmitted to our Digital Media is in violation of these Terms and Conditions and determine whether to have the content removed from our Digital Media. However, Company is under no obligation to remove content transmitted by third parties from our Digital Media and assumes no responsibility or liability arising from or relating to any such content, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Company may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on our Digital Media in a way that constitutes copyright infringement, you may notify Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 Company to locate the material;
Information reasonably sufficient to permit Company 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;
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, its agent, or the law; and
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 send the written communication to the following address: email@example.com.
We reserve the right to withdraw or amend our Digital Media, and any service or material we provide on our Digital Media, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Digital Media is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Digital Media, or the entire Site or App.
You are responsible for:
Making all arrangements necessary for you to have access to our Digital Media.
Ensuring that all persons who access our Digital Media through your Internet connection are aware of these Terms and Conditions and comply with them.
You agree not to use any device, software or routine to interfere with the proper functioning of our Digital Media. You further agree not to use any software, tool, data, device or other mechanism to navigate or search our Digital Media other than the search engine provided by Company or generally available browsers.
You are solely responsible for the content and context of any materials or information you post or submit through our Digital Media. You warrant and agree that, while using our Digital Media, you shall not upload, post or transmit to or distribute or otherwise publish through our Digital Media any materials which:
are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy;
restrict or inhibit any other user from using and enjoying our Digital Media;
constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
solicit personal information of/from others;
contain a virus or other harmful component;
contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
contain false or misleading indications of origin or statements of fact;
include information you are not authorized to disclose (including trade secrets or inside information about a company);
infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity;
impersonate any person or entity; or
Company, in its sole direction, otherwise determines to be offensive.
Company reserves the right to block, remove, edit, move, or close any content for any reason or for no reason whatsoever. In addition, Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Third-Party Sites .
Similarly, from time to time in connection with your use of our Digital Media, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content, services or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability.
OUR DIGITAL MEDIA AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR DIGITAL MEDIA ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR DIGITAL MEDIA OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR DIGITAL MEDIA, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR DIGITAL MEDIA IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT OUR DIGITAL MEDIA, INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR DIGITAL MEDIA, THE SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR DIGITAL MEDIA OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR DIGITAL MEDIA, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Exclusions and Limitations.
Those who access or use our Digital Media from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, whether alleged or otherwise, including attorneys' fees, arising out of or relating to your browsing or use of our Digital Media, content you transmit to our Digital Media, your violation of any rights of another, or your breach of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Governing Law and Venue.
These Terms and Conditions shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California in all disputes arising out of or related to the use of our Digital Media.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages, which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
California Use Only .
Our Digital Media is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which have been given access are appropriate for use in other locations. Your use of or access to our Digital Media should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
These Terms and Conditions sets forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to our Digital Media, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. Our Digital Media may not be maximized for use on all devices or in conjunction with third party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or our Digital Media, please feel free to contact us by email at firstname.lastname@example.org.