1. Acceptance of the Terms of Service

Tap and Tonic LLC (a.k.a. "we" or "us" or the "Company") is excited to have you as user and member of the community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of Manifest (the “App”), including any content, functionality and services offered on or via the App. The Terms of Service also include our Privacy Policy, that you can review here: http://www.tapandtonic.net/manifest-privacy-policy

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Manifest, because by using the App you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either uninstallthe App (although we'll be sad to see you go!), or contact us at support@tapandtonic.net. 

2. Changes to the Terms of Service and the App

Manifest is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the App and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Your continued use of the App following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the App, Security and Privacy

We are working hard on improving Manifest, but we can't guarantee that the App will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the App is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

4. Intellectual Property Rights and Use Guidelines.

The App and its original content, features and functionality (including look!), are owned by Tap and Tonic LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the App. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the App by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the App is or will continue to be accurate.

We do not guarantee that any Content will be made available on the App. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the App.

You are permitted to use the App for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the App in any manner, or violating the Content Standards set below. No right, title or interest in or to the App or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination. 

We ecourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the App or other producs or services. 

The App may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the App.

5. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of Manifest is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the App. Because the App is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

6. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule. 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the App shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia. 

10. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Manifest and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

11. Feedback

We welcome any comment, question and communication at support@tapandtonic.net