Mango Languages’ Site Terms of Service. This Agreement (the “Agreement” or “Terms of Service”) is between you and Creative Empire, LLC, d/b/a Mango Languages (“we”, “us”, “our”, or “Mango”), a Michigan limited liability company, with its principal place of business at 30445 Northwestern Highway, Suite 300, Farmington Hills, MI 48334. By accessing and using the Site, you hereby agree to the following Terms of Service.
In order to access certain parts of the Site and/or certain Site functionality, you may need to establish an account (“Account”) with us and obtain a user ID and Password. To establish an Account, you must provide us with personal information.
2. EXPLANATION AND CHARGING POLICY FOR OUR CONSUMER PRODUCT:
We charge for our Content in one—but not limited to one—primary way. (i) Individual Program or Programs. You pay for the Content that you choose. We will charge your credit card for the Content you select at the price indicated on our Site.
3. USE OF PASSWORDS:
Only you may use your password and download links. You may not disclose your password or download links to anyone else. You agree that you will be solely responsible for any unauthorized use of your Account and download links. For Mango’s consumer product, you agree that with respect to any Content you download, you are authorized to download up to five (5) times and make no more than five (5) copies of any Content. You may not record or copy Content that is streamed to your computer. To the extent we are technologically able, our intent is to prevent unauthorized use or copying of our Content. Thus, we may include with any Content streamed or downloaded to you, files or other code that would cause your computer to notify us any time you make a copy of a stream or download and may prevent you from making unauthorized copies. These files or code may require you to be connected to the Internet when you attempt to make copies of the Content. We may also insert files or other code that would prevent you from distributing (by e-mail, peer-to-peer network file sharing or otherwise) any of the Content you receive from us. You warrant that you will not attempt to, nor will you, circumvent any copy management protections we encode into the Content.
4. GRANT OF LICENSE:
We grant you a non-exclusive, non-transferable, limited right to access and to use the Site and the materials provided hereon and to download the Content to your computer or other multimedia device/media (e.g., iPod) for your own personal use provided that you comply fully with these Terms of Service. You will not copy, reproduce, distribute or use the Content in any other manner. You agree not to interrupt or interfere with, or attempt to interrupt or interfere with, the operation of the Site in any way. You may not copy, reproduce, use or distribute Content in any way not specifically permitted under this Agreement. In no event may you sell, lease, transfer, modify, or distribute the Content in any manner, and you shall not exploit it commercially. You may not access the Site if You are Our direct competitor, except with Our prior written consent. In addition, you may not access the Site for purposes of monitoring its availability, performance, or functionality, or for any benchmarking or competitive purposes. You acknowledge and agree that Mango Premiere is a separate product and contains Content that is the property of Mango and/or its licensors and such Content may be added, removed or unavailable from time to time (collectively, “Modifications”) and such Modifications shall not be a breach of this Agreement or any other agreement between you and Mango. Public performances rights are strictly prohibited unless otherwise specified on the Mango Premiere movie regulations page available at (http://www.mangolanguages.com/movie-regulations/). The Content that may be available to watch will vary by geographic location. Mango Languages will use technologies to verify your geographic location. We reserve all rights not specifically granted to you in this Agreement.
5. ACCESS AND USE CHARGES:
Software, streaming and downloading of audio, video and interactive content, all materials on the Site, including without limitation, text, images, logo, databases, e-mails, posted comments, and reviews (collectively, the “Content”’).
You are not authorized to stream or download Content unless you have agreed to these Terms of Service. For our Consumer Product We may from time to time change the price on any or all of our individual Programs and Content. We will give you notice of price changes for our individual Programs by posting the changed prices on our Site. If applicable you must pay for all your purchases by credit card. You agree that we may charge your credit card for any Content that you purchase from us, as well as for any applicable sales taxes. You must notify us of any change in your credit card information furnished to us. You agree to reimburse us for any costs of collection, including reasonable attorneys’ fees if we are unable to charge the credit card you have on file with us. You agree to provide us with accurate, complete and up-to-date information as requested (“Registration Data”) including but not limited to your legal name, address, company name, email, telephone number(s), and payment data if applicable (e.g., credit card number and expiration date). Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at our option, result in immediate suspension or termination of your right to use the Site without refund of any sums you may have paid. You may correct or update your Registration Data by going to our registration update page. You agree to notify us promptly, following the instructions in the “Help” section of the Site, in the event of any known or suspected unauthorized use of your Account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security of which you are aware or should be aware, you will remain liable for any unauthorized use of your Account until you notify us to suspend your Account. You must immediately notify us if your credit card is lost or is subject to use without your authorization.
6. ELECTRONIC CONTRACT FOR CONSUMER PRODUCT ONLY:
You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by this Agreement and to pay for such purchases. We may provide you with any information we are required to give you by e-mail at the e-mail address you provided to us or within your designated account area on the Site. Within forty-five (45) days after your e-mailed request to us, we will send you a hard copy of any information that we are required to provide you. You may terminate the electronic agreement by sending us an e-mail to that effect.
7. COPYRIGHT AND TRADEMARKS:
All Content on the Site is owned or controlled by us and/or our licensors, who include but are not limited to Mango IP Holdings, LLC, and we and/or our licensors retain all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Mango or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without our prior written permission or the permission of the relevant Affiliate. In addition, you may not use our trademarks:
8. “OPT-OUT” FOR SPECIAL NOTICES:
We may periodically make special offers or communications. If you do not wish to receive such communications, you can “Opt Out” by clicking “Remove Me” in your next e-mail communication.
9. YOUR PASSWORD AND RESPONSIBILITY:
AS PART OF OUR REGISTRATION PROCESS, YOU WILL SELECT A PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD YOU USE TO ACCESS THE SITE AND AGREE THAT WE WILL HAVE NO OBLIGATIONS WITH REGARD TO YOUR PASSWORD.You agree not to assign, transfer or sublicense your rights as a user of the Site.
10. INFORMATION PROVIDED:
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME.
11. LINKS TO OTHER SITES:
The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by us of any third-party site or any materials contained therein. We do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
12. AGE RESTRICTIONS:
You hereby agree to indemnify, defend and hold us harmless from and against any and all liability and costs incurred by us in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
14. WARRANTY AND DISCLAIMERS:
We represent that you will be able, with the correct equipment, to listen to the Content we provide you under this Agreement. We will furnish you with replacement Content or credit your account if any of our Content is defective provided you notify us within fourteen (14) days after you first download such Content.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “WHEN AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE WARRANTY DOES NOT APPLY TO YOUR INABILITY TO ACCESS THE CONTENT BECAUSE OF YOUR LACK OF NECESSARY HARDWARE, SOFTWARE OR BOTH.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL WE, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR US, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, THE AUDIO CONTENT OR ANY FEE-BASED SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE SITE OR THE CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR ACCOUNTS, OR ARISING OUT OF GOOD FAITH REMOVAL OR DISABLING OF ANY AUDIO CONTENT. OUR TOTAL AGGREGATE LIABILITY TO YOU IS LIMITED TO THE LESSER OF, IF ANY, THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE AND PROGRAMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST SUCH LIABILITY ARISES OR TWO HUNDRED ($200) DOLLARS. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDIES PROVIDED HEREIN, YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
In addition to any other rights of the parties set forth herein, either you or we may cancel or terminate your access to the Site. We also reserve the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Service. If we terminate these Terms of Service based on a breach of any portion of these Terms of Service, we reserve the right to refuse to provide use and/or access to any Content to you in the future. You acknowledge that we shall not be liable to you or any third party for any termination of your access to this Site.
We have the right to modify these Terms of Service and any policies affecting the Site. Any modification is effective following the posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s).
These Terms of Service constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements between you and us, which are not written and signed by both Parties, with respect to the same. Failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of Michigan (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal court in Detroit, Michigan and/or the state courts located in Oakland County, Michigan, for any action arising out of or relating to your use of the Site, the Content, or any products or services provided through the Site. The federal and state courts of Michigan located in Detroit, Michigan, shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. (edit)