The following terms and conditions govern all use of the ManaKeep.com website and all content, services and products available at or through the website, (taken together, the “Service”). The Service is owned and operated by ManaKeep (“ManaKeep”), a division of Shivtr [http://shivtr.com] (“Shivtr”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ManaKeep's Privacy Policy and ManaKeep's Acceptable Use Policy) and procedures that may be published from time to time on this site by ManaKeep (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by ManaKeep, acceptance is expressly limited to these terms.

Your Account

Use of our Service requires an account.  You agree to provide us with accurate, complete and updated information for your account.  The email address you provide will be used as the primary method for communication.

  • Eighteen and older.  The Service is available only to individuals who are 18 years or older, or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  • Account Security.  You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.  ManaKeep cannot and will not be liable for any loss or damage from your failure to maintain the security of your account.

Your Content

If you operate a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By using ManaKeep.com, you represent and warrant that your Content and conduct do not violate these Terms or the Acceptable Use Policy.

  • Your License to us.  By submitting Content to ManaKeep for inclusion on your site, you grant ManaKeep a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your site.

Without limiting any of those representations or warranties, ManaKeep has the right (though not the obligation) to, in ManaKeep’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in ManaKeep’s reasonable opinion, violates any ManaKeep policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ManaKeep.com to any individual or entity for any reason. ManaKeep will have no obligation to provide a refund of any amounts previously paid.

Your Shop

ManaKeep has features that enable you to sell digital goods on your website.  You are solely responsible for all of your ecommerce activities, including your shop, your products, its operation, all applicable taxes and fees, and compliance with any applicable laws.

  • Operating your Shop.  You should use your best judgment when setting up your shop, operating your shop, and selling items. For example, you may want to publish payment and return policies.
  • Your Customers.  We are not involved in your relationships or transactions with any customer or potential customer.  You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you.
  • Payment Services.  You may choose to use third party services, such as Stripe or PayPal to collect payments. If you do, some of your data, and your customers’ data, may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships.
  • Taxes and Fees.  You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While our Shop enables you to include sales tax in transactions, you should not rely solely on this feature.
  • For Video Games.  ManaKeep is intended solely for video game developers and only allows video games and video game related products to be sold through the Shop.


SSL Certificates

We offer free HTTPS on all ManaKeep.com sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on ManaKeep.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.


Payments

By signing up for a subscription, you agree to pay ManaKeep the applicable subscription fees. Unless you notify us before the end of your subscription period that you wish to cancel, your subscription will renew automatically. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you.

  • Cancellation.  You are solely responsible for properly cancelling your subscription. You can cancel your subscription at any time by logging in to ManaKeep.com and going to the billing section of your admin panel. An email or phone request to cancel your subscription is not considered cancellation. Your cancellation will take effect at the end of your subscription period and you will not be charged again.
  • Refund Policy.  We want you to love everything you do at ManaKeep, so we're happy to refund payments you have made within 30 days of purchase. To request a refund, please email us at support@manakeep.com.

Responsibility of Visitors

ManaKeep has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, ManaKeep does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ManaKeep disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ManaKeep.com links, and that link to ManaKeep.com. ManaKeep does not have any control over those non-ManaKeep websites and webpages, and is not responsible for their contents or their use. By linking to a non-ManaKeep website or webpage, ManaKeep does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ManaKeep disclaims any responsibility for any harm resulting from your use of non-ManaKeep websites and webpages.


Copyright Infringement

As ManaKeep asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ManaKeep.com violates your copyright, you are encouraged to notify ManaKeep in accordance with ManaKeep’s Copyright Policy. ManaKeep will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ManaKeep will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ManaKeep or others. In the case of such termination, ManaKeep will have no obligation to provide a refund of any amounts previously paid to ManaKeep.


Intellectual Property

This Agreement does not transfer from ManaKeep to you any ManaKeep or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ManaKeep. ManaKeep, ManaKeep.com, the ManaKeep.com logo, and all other trademarks, service marks, graphics and logos used in connection with ManaKeep.com, or the Service are trademarks or registered trademarks of ManaKeep or ManaKeep’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any ManaKeep or third-party trademarks.

Changes

ManaKeep reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. ManaKeep may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

ManaKeep may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ManaKeep.com account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. ManaKeep and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ManaKeep nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Jurisdiction and Applicable Law

This Agreement, and any access to or use of our Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with this Agreement or the use of our Service.

Limitation of Liability

In no event will ManaKeep, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ManaKeep under this agreement during the twelve (12) month period prior to the cause of action. ManaKeep shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the ManaKeep Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless ManaKeep, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between ManaKeep and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ManaKeep, or by the posting by ManaKeep of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ManaKeep may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.