There are other terms that may apply to you
These terms of use refer to the following additional terms,
which also apply to your use of our site:
- Our Privacy Policy. See further under How we may use your
personal information.
- Our Complaints Policy. See further under Complaints Policy
We may make changes to these terms
We amend these terms from time to time. Every time you wish to
use our site, please check these terms to ensure you
understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect
changes to our products, our services, our users` needs and
our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee
that our site, or any content on it, will always be available
or be uninterrupted. We may suspend or withdraw or restrict
the availability of all or any part of our site for business
and operational reasons. We will try to give you reasonable
notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who
access our site through your internet connection are aware of
these terms of use and other applicable terms and conditions,
and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms
to another organisation. We will always tell you in writing if
this happens and we will ensure that the transfer will not
affect your rights under the contract.
Our site is only for users in the USA
Our site is directed to people residing in the United States.
We do not represent that content available on or through our
site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification
code, password or any other piece of information as part of
our security procedures, you must treat such information as
confidential. You must not disclose it to any third party. We
have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any
time, if in our reasonable opinion you have failed to comply
with any of the provisions of these terms of use. If you know
or suspect that anyone other than you knows your user
identification code or password, you must promptly notify us
at info@manisland.com.
How you may use material on our site
We are the owner or the licensee of all intellectual property
rights in our site, and in the material published on it. Those
works are protected by copyright laws and treaties around the
world. All such rights are reserved. You may print off one
copy, and may download extracts, of any page(s) from our site
for your personal use and you may draw the attention of others
within your organisation to content posted on our site. You
must not modify the paper or digital copies of any materials
you have printed off or downloaded in any way, and you must
not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying
text. Our status (and that of any identified contributors) as
the authors of content on our site must always be
acknowledged. You must not use any part of the content on our
site for commercial purposes without obtaining a licence to do
so from us or our licensors. If you print off, copy or
download any part of our site in breach of these terms of use,
your right to use our site will cease immediately and you
must, at our option, return or destroy any copies of the
materials you have made.
Do not rely on information on this site
The content on our site is provided for general information
only. It is not intended to amount to advice on which you
should rely. You must obtain professional or specialist advice
before taking, or refraining from, any action on the basis of
the content on our site. Although we make reasonable efforts
to update the information on our site, we make no
representations, warranties or guarantees, whether express or
implied, that the content on our site is accurate, complete or
up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources
provided by third parties, these links are provided for your
information only. Such links should not be interpreted as
approval by us of those linked websites or information you may
obtain from them. We have no control over the contents of
those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by
other users of the site. This information and these materials
have not been verified or approved by us. The views expressed
by other users on our site do not represent our views or
values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users,
please contact us on info@manisland.com.
Our responsibility for loss or damage suffered by you
If you wish to complain about content uploaded by other users,
please contact us on info@manisland.com.
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to
you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our
negligence or the negligence of our employees, agents
or subcontractors and for fraud or fraudulent
misrepresentation.
- Different limitations and exclusions of liability will
apply to liability arising as a result of the supply
of any products or services to you, which will be set
out in our Engagement Letter with clients.
If you are a business user:
- We exclude all implied conditions, warranties,
representations or other terms that may apply to our
site or any content on it.
We will not be liable to you for any loss or damage,
whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption; loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic
and private use. You agree not to use our site for any
commercial or business purposes, and we have no
liability to you for any loss of profit, loss of
business, business interruption, or loss of business
opportunity.
- If defective digital content that we have supplied,
damages a device or digital content belonging to you
and this is caused by our failure to use reasonable
care and skill, we will either repair the damage or
pay you compensation.
How we may use your personal information
We will only use your personal information as set out in our
Privacy Policy.
Uploading content to our site
Whenever you make use of a feature that allows you to upload
content to our site, or to make contact with other users of
our site, you must comply with the terms set out in the
“Prohibited uses” below. You warrant that any such
contribution does meet those standards, and you will be liable
to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer
as a result of your breach of warranty. Any content you upload
to our site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in
your content, but you are required to grant us and other users
of our site a limited licence to use, store and copy that
content and to distribute and make it available to third
parties. We also have the right to disclose your identity to
any third party who is claiming that any content posted or
uploaded by you to our site constitutes a violation of their
intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your
content. We do not store terrorist content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the
following rights to use that content: a worldwide,
non-exclusive, royalty-free, transferable licence to use,
reproduce, distribute, prepare derivative works of, display,
and perform that user-generated content in connection with the
service provided by the website and across different media
including to promote the site or the service forever; a
worldwide, non-exclusive, royalty-free, transferable licence
for other users, partners or advertisers to use the content in
accordance with the functionality of the site forever.
We are not responsible for viruses and you must not introduce
them
We do not guarantee that our site will be secure or free from
bugs or viruses. You are responsible for configuring your
information technology, computer programmes and platform to
access our site. You should use your own virus protection
software. You must not misuse our site by knowingly
introducing viruses, trojans, worms, logic bombs or other
material that is malicious or technologically harmful. You
must not attempt to gain unauthorised access to our site, the
server on which our site is stored or any server, computer or
database connected to our site. You must not attack our site
via a denial-of-service attack or a distributed denial-of
service attack.By breaching this provision, you would commit a
criminal offence under the Computer Misuse Act 1990. We will
report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a
breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our homepage, provided you do so in a way that
is fair and legal and does not damage our reputation or take
advantage of it. You must not establish a link in such a way
as to suggest any form of association, approval or endorsement
on our part where none exists. You must not establish a link
to our site in any website that is not owned by you. Our site
must not be framed on any other site, nor may you create a
link to any part of our site other than the home page. We
reserve the right to withdraw linking permission without
notice. If you wish to link to or make any use of content on
our site other than that set out above,please contact
info@manisland.com.
Our trade marks
Manhattan VC Holding containers are trademarks of Manhattan VC
Holding LLC. You are not permitted to use them without our
approval, unless they are part of material you are using as
expressly permitted by us.
Prohibited uses
You may use our site only for lawful purposes. You may not use
our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material unless expressly permitted (e.g. by signing our engagement letter).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You may use our site only for lawful purposes. You may not use
our site:
Breach of this policy
When we consider that a breach of these terms has occurred, we
may take such action as we deem appropriate. Failure to comply
with these terms may result in our taking all or any of the
following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in
response to breaches of these terms.The actions we may take
are not limited to those described above, and we may take any
other action we reasonably deem appropriate.
How this contract can be transferred
We can transfer our rights and obligations under these terms
to any third party, provided thisdoes not adversely affect
your rights under these terms.
Which country's laws apply to any disputes?
If you are a consumer,please note that these terms of use,
their subject matter and their formation, are governed by US
law. You and we both agree that the courts of US, state of New
York will have exclusive jurisdiction. If you are a
business,these terms of use, their subject matter and their
formation (and any non-contractual disputes or claims) are
governed by US law. We both agree to the exclusive
jurisdiction of the courts of United States.