Terms of Service

Manyfest is owned and operated by Cheng Media, LLC. If you have any questions or comments about these Terms of Service (TOS), please contact us at cheng@chengmedia.llc.

By downloading or using Manyfest (our Service), you agree to these TOS and our Privacy Policy.

If you are under the age of 13, you may not use our Service. We do not knowingly collect or maintain information from children under age 13.

Our Service is only available to residents of the United States. If you are not a resident of the United States, you may not use our Service.

General

We reserve the right to change these TOS at any time, and we will maintain a log of changes. You are responsible for keeping yourself apprised of any such changes. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with our Service in any way, your only option is to delete your account. Your continued use of our Service after we post revised TOS means that you agree to the revisions.

Content

We define Content as all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, messages or other materials of any kind that you or other users upload, transmit, or download to or from our Service. Your Content is your sole responsibility. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. We are not responsible for any Content that you or others upload or transmit on our Service. We are not liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

We do not claim ownership of your Content, but you hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, combine, synchronize, create derivative works from, publicly perform and publicly display such Content for the purposes described in our Privacy Policy. We may use your feedback, comments and suggestions for our Service without any obligation to compensate you for them.

We have the right to remove any Content that violates the TOS or that we find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content.

You agree to not reproduce, republish, further distribute or publicly exhibit any Content that is not yours.

Your Conduct

You agree that you will NOT:

• upload or transmit any Content that is unlawful, threatening, abusive, obscene, violent, patently offensive, invasive of another's privacy, contains personally identifiable information of another or promotes racism, bigotry, hatred or harm (including self-harm) or is otherwise objectionable;
• upload or transmit images which contain nudity, weapons, violence, or drugs;
• harm, stalk or otherwise harass another;
• impersonate, or misrepresent your relationship with, any person or entity;
• upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party;
• upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation, or offer any contest, giveaway, or sweepstakes;
• upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods;
• disrupt or impose an unreasonable burden on our Service (or another person's use of our Service) or networks connected to our Service, or breach or attempt to breach the security of our Service;
• register accounts or post Content automatically, systematically, or programmatically; or
• use our Service in connection with any commercial activity.

We may establish general practices and limits concerning use of our Service, including without limitation the size and quantity of Content that you may upload, transmit, or store. We have no responsibility or liability for the deletion or failure to store any Content.

Free Access

All features of our Service are available without a paid subscription.

Availability of Service

We may at any time and from time to time modify, restrict or discontinue our Service or any part of our Service, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of our Service.

We may without prior warning or subsequent notice terminate your account and access to our Service for any or no reason. We may decide to terminate your account for a number of different reasons, including without limitation:

• if you violate or fail to comply with this TOS, our Privacy Policy, laws, or rights of others;
• if you do not use our Service for an extended period of time;
• by request of law enforcement or other government agencies; or
• technical or security issues or problems.

We will make all termination decisions in our sole discretion and we will not be liable to you or any third party for any termination of your account or access to your Content or our Service.

Disclaimer of Warranties

You use our Service at your sole risk. We provide our Service on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from or through us shall create any warranty not expressly stated in the TOS.

We do not guarantee that our Service will always be safe, secure or error-free or that our Service will always function without disruptions, delays or imperfections.

Any material downloaded or otherwise obtained through our Service is done at your own discretion and risk. You will be solely responsible for any damage to your or others' device or computer or loss of data that results, directly or indirectly, from the download of any such material.

Limitation of Liability

You acknowledge and agree that we cannot control the conduct of users of our Service and therefore cannot be responsible for any harm they may cause. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

You expressly agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangibles (even if we have been advised of the possibility of such damages), and including without limitation resulting from:

• the use or the inability to use our Service;
• unauthorized access to or alteration of your Content, transmissions or data; or
• statements or conduct of any third party on our Service.

Other users of our Service with whom you associate, connect, interact and/or share content could use your content and/or likeness in a manner you dislike, disapprove of or otherwise find offensive. However, you agree not to assert any claims, actions or demands against us in connection with such use or activities, whether such use or activities are authorized by these TOS or not.

Exclusions and Limitations

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 warranty limitations may not apply to you. In such cases, our warranties and liability will be limited to the fullest extent permitted by applicable law.

Indemnity

All the actions you make and information you post on our Service remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• any negligent acts, omissions or wilful misconduct by you;
• your access to and use of our Service;
• the uploading or submission of Content to our Service by you;
• any breach of these TOS by you; and/or
• your violation of any law or of any rights of any third party.

Claims Of Copyright Or Other Intellectual Property Infringement

If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located;
• your name, address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please provide claims of copyright or other intellectual property infringement to us at cheng@chengmedia.llc. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.