These Terms of Service (the “Terms”) govern your use of the website located at www.manu.co (the “Site”) owned or operated by HunomadTech LLC. (“MANU” “we” or “us”), and any other MANU-branded websites, products, services, downloadable software, mobile applications, interactive features, widgets, and resources offered by us through traditional Internet websites, mobile devices or social media platforms (all of which are collectively referred to as the ‘’Service”).
Please read these Terms carefully. By using the Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Service.
Your use of certain portions of the Service, including your entry in any MANU competitions or contests, may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms.1. Your Responsibilities
As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username or revoke your username for any reason.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. WE ARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
We value the integrity of the MANU community. To protect this community, you agree not to use the Service to:
- violate any local, national or international law or regulation;
- create or transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- stalk, harass, bully, or harm another individual;
- create or transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
- knowingly create or transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- defeat or interfere with any security feature of the Service, or attempt to do so;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- alter or modify any content or component of the Service, other than User Content and User Submissions (as defined below).
You also agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Service. We reserve the right to revoke these exceptions either generally or in specific cases.
If you use the Service, you agree that you shall not modify, block or otherwise interfere with any monetisation mechanism. 2. Ownership of Content. Restrictions on Use
The content on the Service, other than “User Content” and “User Submissions” (as defined below), including, without limitation, software, scripts, graphics, sounds, music, interactive features videos, clips, photos, text, and the like (collectively, the Content).
Except as authorised by these Terms or as otherwise intended or authorised by us through the Service, you agree not to copy, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Service or any portion of the Service, including, without limitation, the Content.
You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.3. Fees, Payment, Cancellation
If you sign up for a paid Subscription Plan, you will be responsible for paying the fees applicable to the plan you select. We may modify the fees, pricing plans, and revenue sharing terms from time-to-time by providing at least 10 days’ prior notice (which may be to the email account you provide at registration). Licensee’s continued use of the Software following notice of a change to the fees will constitute Licensee’s acceptance of such modifications.
Unless otherwise agreed by us in writing, you will be charged the applicable fees monthly or annually in advance, depending upon your payment plan, using the debit or credit card information provided at registration. You are responsible for keeping your credit card information up to date. You are solely responsible for all taxes, fees, duties and governmental assessments that are imposed or become due in connection with your use of the Service.
Any subscription you purchase will automatically renew on a month-to-month or year-to-year basis (depending on subscription purchased.) You may cancel your subscription, downgrade, or upgrade. Except where prohibited by applicable law, all payments are non-refundable, including if you cancel or downgrade your Subscription Plan, or if your subscription to or rights to use the Service is terminated by the Company in accordance with these Terms and Conditions.4. User Content and User Submissions
The Service enables users, among other things, design, build, and launch games, assets, avatars, prefabs, etc. You own the content you create or incorporate into such games (“User Content”), excluding for avoidance of doubt, any Content incorporated therein.
The Service also enables users to post and share comments, messages, and other content to the Service (“User Submissions”). User Submissions will generally be available to all users of the Service. When you provide us with a User Submission, you grant to MANU and its affiliates and their successors and assigns, a non-exclusive, fully-paid, royalty- free, transferable, sublicensable, worldwide license, to display, publicly perform, distribute (including, without limitation, through third- party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions. Because of the viral nature of social media, you should not submit any content to the Service that you do not want to be viewed by others. MANU does not necessarily pre-screen any User Submissions uploaded by you or other users of the Service but may do so for a variety of reasons, including, without limitation, for compliance with these Terms and any Additional Terms. We may in our sole discretion to refuse or remove any User Submissions.
You represent and warrant that you own all rights in your User Content and User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Content and User Submissions; and your User Content and User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.5. Monetisation Systems and Revenue Sharing
Games and applications that you create using the Service are subject to monetisation mechanisms employed by MANU, its Affiliates, and/or its business partners. You may not opt out of, add to, modify, remove, or interfere with any of these monetisation mechanisms (ad placements inside of the games and applications) unless you specifically request to opt out of such monetisation for User Content submitted for MANU by emailing us at email@example.com. You will be paid a share of the net revenue received by MANU through these monetisation mechanisms based on the Subscription Plan you choose. If your games or applications monetise through your distribution channels, you will be paid in accordance with the payment policies of those channels, typically based on a percentage of ad revenue through the game or application. These payments to you will be net of any charges and fees payable to third parties.
When you upload, submit, store, send, or receive User Content to or through Service, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a fully paid, transferrable, irrevocable (unless as otherwise agreed to by us), perpetual (unless as otherwise agreed upon by us), sublicensable and worldwide license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Service), publicly perform, publicly display, sell, offer to sell, import, export, make, have made and distribute your User Content.6. Feedback
You agree that MANU and its affiliates are free to use for any purpose whatsoever, ideas, know- how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”) that you may voice about the Site or the Service including Feedback that you send to MANU or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that neither MANU nor its affiliates have any duties to you (including any duty to compensate you for your Feedback), with respect to such Feedback.7. Publicity Rights
You grant MANU and its affiliates the right to reference the applications and User Content created using the Service that you publish or make publicly available (e.g., in public forums or in app stores). In particular, you agree that we may reference by name and link to your publicly available applications and User Content and copy and display screen shots and clips, including in our marketing materials, on our Web sites and social media platforms, and in other informational and promotional materials.8. Copyrights and Trademarks
We respect the intellectual property rights of others. Upon proper notice, we will remove or disable access to User Submissions that violate copyright law and may suspend access to the Service of any user who uses the Service in violation of copyright law and may terminate the accounts of repeat infringers.9. Termination
We reserve the right, in its sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT NEITHER MANU NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE SERVICE (OR ANY PORTION THEREOF).10. Modifications
We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should MANU exercise its right to modify or discontinue the Service.11. Links
The MANU Service may contain links to third-party websites and other Internet resources that are not owned or controlled by MANU (“Third-Party Materials”).
NEITHER MANU NOR ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY MATERIALS INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.12. Disclaimer of Warranties
YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MANU AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE.
MANU and its affiliates make no warranties or representations about the accuracy or completeness of Content available on or through the Service or the content of any websites linked to the Service and assume no liability or responsibility for any: errors, mistakes or inaccuracies of content or confidentiality; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); any interruption or cessation of transmission to or from the Service; any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service by any third party; and/or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Service.13. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MANU, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent MANU may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MANU’s liability shall be the minimum permitted under such applicable law.14. Indemnification
You agree to indemnify, defend and hold harmless MANU, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that they may incur as a result of or arising from: your User Content and any information you submit, post or transmit on or through the Service or otherwise provide to us; your use of the Service; your violation of these Terms or any Additional Terms established by us; or the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you, your User Content, or your User Submissions. MANU reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MANU in asserting any available defences.15. Minors; Ability to Accept Terms of Service
The MANU Service is not intended for children under 13 years of age. If you are under 13 years of age, please do not use the Service.
You affirm that you are the applicable age of majority in your jurisdiction of residence or older, or that you have obtained the consent of your parent or legal guardian to use the Service or that you are an emancipated minor. If you are a parent or guardian agreeing to the terms for the benefit of a child 13 or older, then you agree to and accept full responsibility and legal liability for that child’s use of the Services16. Choice of Law
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the EU and Hungary. 17. International Use
We do not represent or warrant that the Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.18. Miscellaneous
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and MANU and govern your use of the MANU Service. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the original intent of that provision, and the remainder of these Terms and any shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.19. Modifications to Terms