Terms Of Service

Please review these Terms of Service ("Terms", "Terms of Service") thoroughly before utilizing the https://mananovel.com website (referred to as the "Service") operated by Website Operator ("Mana Novel", "Website Operator", "us", "we", or "our").

Your access to and utilization of the Service is contingent upon your acceptance of and adherence to these Terms. These Terms are applicable to all visitors, users, and any other individuals who access or utilize the Service.

By accessing or utilizing the Service, you consent to be legally bound by these Terms. If you disagree with any portion of these terms, you are not permitted to access the Service.

Accounts

When you establish an account with us, you are required to furnish us with information that is accurate, complete, and current at all times. Failure to comply with this requirement constitutes a breach of the Terms, which may result in the immediate termination of your account on our Service.

You are responsible for safeguarding the password used to access the Service and for any activities or actions undertaken under your password, whether your password pertains to our Service or a third-party service.

You agree not to disclose your password to any third party. You must promptly inform us upon becoming aware of any breach of security or unauthorized use of your account.

Age Requirements

You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that:

You are at least 13 years of age;
You have not previously been suspended or removed from the Service; and
Your registration and your use of the Service is in compliance with all applicable laws and regulations.

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Backups

We shall not be held responsible for any Content residing on the Website. Under no circumstances shall we be liable for any loss of any Content. It is solely your responsibility to maintain appropriate backup of your Content. However, there may be certain instances and circumstances where, without any obligation, we might be able to restore some or all of your data that has been deleted as of a specific date and time, provided that we have backed up data for our own purposes. We do not provide any guarantee that the required data will be available.

User Content

You agree not to post User Content that:

Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
May create a risk of any other loss or damage to any person or property;
May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
May constitute or contribute to a crime or tort;
Contains any information or content that is illegal;
Contains any information or content that you know is not correct and current; or
Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
Constitutes “Spam”, advertising, or business related communications.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any rights of publicity and privacy and Intellectual Property Rights (as defined below). Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.

We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material, which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to User. You understand and acknowledge that you may be exposed to User Content that is indecent, inaccurate, offensive, or objectionable, and you agree that Company shall not be liable for any damages you allege to incur as a result of such User Content.

Company takes assumes no liability and no responsibility for any User Content that you or any other Users or third parties post or send over the Service. You agree and understand that any damage or loss of any kind that occurs as a result of the use of any User Content that you upload, download, send, stream, transmit, post, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.

The Service may allow Users to create Member accounts or profiles, post feedback, comments, and questions on message boards, send private messages to other Users, and engage in conversation with other Users in chat rooms, as well as post other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

For the purposes delineated in this Agreement, the term "Intellectual Property Rights" encompasses all rights associated with copyright, trademarks, patents, mask work rights, moral rights, rights of publicity, goodwill, trade dress and service mark rights, trade secret rights, and other forms of intellectual property rights and moral rights, whether presently established or subsequently established, including all associated applications, registrations, renewals, and extensions thereof, under the statutes of any state, country, territory, or other jurisdiction.

User Content and Other Submissions

By posting or publishing user content, you grant Mana Novel the rights to host, store, display, broadcast, modify (which is made solely for the purpose of formatting for display) and distribute your user content in whole or in part, in any media formats only through our services.

Indemnification

You agree to indemnify, defend, and hold harmless Mana Novel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Mana Novel.

Mana Novel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Mana Novel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Copyright Violations

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information via email:

A physical or electronic signature of a 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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; and
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.

You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

Counter-Notice

If you believe that your Content, which was removed (or to which access was disabled), does not infringe upon copyrights, or that you have obtained authorization from the copyright owner, the copyright owner's agent, or as permitted by law, to publish and utilize the material in your Content, you may submit a counter-notice via any of the methods specified, containing the following details:

Your physical or electronic signature;
Identification of the Content that was removed or had access disabled, along with the location where the Content was previously visible before its removal or disabling
A statement indicating your good faith belief that the Content was removed or disabled due to error or misidentification
Your name, address, telephone number, and email address, a statement confirming your consent to the jurisdiction of the federal court in San Francisco, California, and an acknowledgment that you will accept service of process from the individual who issued notification of the alleged infringement.

Upon receipt of a counter-notice by mananovel.com, we may forward a copy of the counter-notice to the original complaining party, notifying them that they have 10 business days to either reinstate the removed Content or cease disabling it. Unless the copyright owner initiates legal action against the Content provider, member, or user, the removed Content may be reinstated or access restored within 10 to 14 business days or more following receipt of the counter-notice, at our discretion.

Limitation of Liability

In no circumstance shall the Website Operator, its affiliates, or its and their respective directors, managers, officers, members, employees, agents, successors, or assigns be held liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including damages for lost profits or loss of data, arising out of or resulting from your use of our Service, even if the Website Operator is aware of or has been advised of the possibility of such damages. Notwithstanding anything to the contrary set forth herein, the Website Operator’s aggregate liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to one U.S. dollars ($1). To the extent applicable law does not permit the exclusions and limitations of damages as set forth above, some or all of the above exclusions and limitations may not apply to you, in which case the Company’s liability to you will be limited to the fullest extent permitted by applicable law. The limitations and exclusions set forth herein will survive any termination of access to or use of our Service.

The Website Operator assumes no liability or responsibility, including but not limited to, for any of the following:

Any interruption or cessation of transmission to or from the Service.
Errors, mistakes, or inaccuracies of content.
Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
User content or the defamatory, offensive, or illegal conduct of any third party.
Any bugs, viruses, trojan horses, or similar that may be transmitted to or through our Service by any third party.
In no event shall Company, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Company hereunder.
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service.
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage.

The Service is controlled and operated from facilities in the Germay. The Website Operator makes no representations that the Service is appropriate or available for use in non-Germany. locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such rights. If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in full force and effect. These Terms constitute the entire agreement between us concerning our Service and supersede any prior agreements we may have had regarding the Service.

Changes and Amendments

We retain the right to amend or modify this Agreement or its associated policies concerning the Website or Services at any time, effective upon the posting of an updated version of this Agreement on the Website. Upon making such revisions, we will update the date displayed at the bottom of this page. Your continued use of the Website following any such changes indicates your acceptance of the revised terms.

Acceptance of These Terms

You acknowledge that you have reviewed this Agreement and agree to abide by all its terms and conditions. By utilizing the Website or its Services, you consent to be legally bound by this Agreement. If you do not agree to adhere to the terms outlined in this Agreement, you are not authorized to utilize or access the Website and its Services.

Contact Information

If you have any inquiries regarding this Agreement, please reach out to us.

This document was last updated on 28.04.2024.