Terms and Conditions
1. Who We Are
1.1 Manoto TV and this website (the "Site") is owned and operated by Marjan Television Network Limited registered in England and Wales under company registration number 07020659, registered office at 37 Warren Street, London, England, W1T 6AD ("we", "our", "us").
2. Changes to these Terms
2.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates. Your continued use of this Site following the posting of changes will mean you accept those changes.
3. Site Content
3.1 This Site and all material on this Site, including, but not limited to, text, graphics, photos, logos, button icons, images, music recordings, lyrics, audio and audio visual clips, digital downloads, databases, data compilations, data and software ("Content") are owned and/or controlled by us (or licensed to us by our affiliates and/or licensors).
3.2 Unless otherwise specified, this Site and its Content are for your personal and non-commercial use only.
3.3 You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Site, the Content or any code underlying or relating to the Site in any form or by any means (electronic, mechanical or otherwise) except to the extent expressly permitted under these Terms.
4. Objectionable Material
4.1 Whilst using the Site you may encounter Content that you find objectionable or offensive, which may or may not be identified as being of an objectionable or offensive nature. You agree to use the Site (including its Content) at your own risk and we will have no liability to you for your use such Content.
5. System Requirements
5.1 Your access to the Site is subject to you obtaining a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees, expenses or costs are your responsibility. Please note that the availability of this Site may be affected by the performance of your hardware, software and/or internet access.
6. Your Use of our Site
6.1 You may not:
restrict or inhibit any other user from using and enjoying this Site (or any Content);
act in any way that would damage, disable, overburden, or impair this Site or any Content or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party's rights;
impersonate any person or entity or misrepresent your affiliation with any other person or entity;
exploit any information or other material obtained on or through this Site for commercial purposes;
engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any such activity which involves accessing or using our cookies for purposes);
attempt to gain unauthorised access to other computer systems through this Site or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Site or any Content.
7. Registration and Passwords
7.1 If any particular service offered as part of the Site requires you to register with us or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
7.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
7.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
7.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person's account at any time without the express permission of the account holder.
8. Content Provided by you
8.1 Certain services made available to you from time to time on this Site may allow you to upload or otherwise provide content to us and/or other users. All content that you provide, including but not limited to any and all text, graphics, photos, images, music, audio and audio visual material, software and all information accompanying the same is referred to in these Terms as "User Content".
8.2 By uploading, sending or otherwise making available User Content to us, you are authorising us, and granting us a royalty-free, non-exclusive licence to exploit the User Content in order to:
host the User Content on our servers;
index the User Content; and
modify, display, reproduce, make available, distribute and otherwise to communicate the User Content to the public, in whole or in part throughout the world on the Site and in connection with any other sites, products and/or services now existing or developed in future by us or our affiliates. If you would like us to remove any of your User Content from the Site, please Notify Us and we will do our best to remove the User Content as soon as reasonably practicable following receipt of your notice by us. The licence granted by you to us in respect of your User Content will terminate when such User Content is removed from our Site.
8.3 We may incorporate links in and around your User Content and display advertisements within, around or in connection with your User Content. As between you and us, you will retain ownership of your User Content at all times.
8.4 We are not required to make available or otherwise exploit any User Content uploaded or otherwise provided to us. We are not responsible for any loss, theft, rights infringement or damage of any kind to the User Content and you take sole responsibility for the User Content that you provide to us.
8.5 You will not provide or transmit via the Services any User Content that:
is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
harasses or promotes or enables harassment of another person;
involves, promotes, enables or facilitates the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
comprises or promotes information that you know to be false or misleading;
involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes any rights of any third party (such as but not limited to images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal information of a third party or the confidential information of any person;
comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person's copyrighted work, such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music sites or files;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
comprises, promotes, enables or facilitates access to instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, breaching someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
involves, promotes, enables or facilitates commercial activities and/or sales without our prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes.
8.6 You are solely responsible for ensuring that you hold and will continue to hold all of the rights that you need to have in order to transmit User Content to us and to grant to us the rights granted in these Terms.
8.7 By providing User Content to us, you agree that:
you are at least 18 years of age; and
all of the information provided by you is correct and current.
8.8 You also agree that the User Content and the rights and licences granted to us under these Terms do not and will not violate any applicable law, statute or regulation and do not and will not breach any duty toward or rights of any person or entity including, without limitation, intellectual property rights, publicity or privacy rights, or rights or duties under consumer protection, product liability, tort or contract theories.
8.9 You acknowledge and accept that we have the right but not the obligation to monitor and to moderate your User Content provided to us and that we have the right to remove, edit and suspend any User Content that we consider in our absolute discretion to be inappropriate and in appropriate cases to provide copies of your User Content to the appropriate authorities. You also accept, however, that we have no obligation to monitor or moderate any of your User Content and our right to do so should not in any respect be regarded as a substitute for your obligations under these Terms.
9. Blogs, Forums, Message Boards
9.1 You will be required to register with us in order to use any blogs, forums or message boards or other similar social networking services provided on this Site from time to time.
9.2 For the purposes of these Terms, messages posted on any such services are treated as User Content and are subject to the applicable rules set out in these Terms.
9.3 Although the administrators and moderators of the Site will attempt to keep all objectionable messages off the Site, it is impossible for us to review all messages.
9.4 Messages posted express only the views of the author and we are not responsible for the content of any message.
9.5 We may remove, move, edit or close any blog, message or thread for any reason.
9.6 We strongly advise you not to post your contact or other personal details on the Site.
10.1 We may, in our sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice if you are in breach of these Terms or if we believe in our absolute discretion that your User Content or your use of the Site or any of the services of Content made available on the Site is unsuitable.
10.2 Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
10.3 Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).
11. Transfer of Rights and Obligations
11.1 The contract between you and us created by your acceptance of these Terms (the "Contract") is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for the fulfillment of our obligations under the Contract.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
13.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.
13.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
13.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
13.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
13.5 These Terms shall be binding on and enure for the benefit of each party’s successors in title.
14. Governing Law and Jurisdiction
14.1 These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.
15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.
15.2 All notices given by you to us must be given to us at the address or email address specified in the Contact Us area of the Site. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
15.3 If you have any queries about these Terms, this Site or any of our Services please Contact Us.