Updated: Feb 25, 2024
Overview
ManesLAB, Inc. (“ManesLAB,” “we,” “us,” or “our”) provides its services and related content to you (“you” or “User”) through its website and platform located at ManesLAB.maneslab.xyz (the “Site”), subject to these Terms of Use (as amended from time to time, the “Terms”). Throughout the site, the terms “we”, “us” and “our” refer to ManesLAB. ManesLAB offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Third party features and content
Our Services may enable you to access third-party websites, features, applications or other content. We offer such access as a convenience, and shall not be liable for the content or services provided by such third-party resources.
Open source and third-party software and services
Our Services may contain software that is governed by separate open-source license terms. Your use of those services is subject to your compliance with those license terms, where applicable. Additionally, our Services may allow you to access apps, bots, or other products, features, or services developed by third parties. We hereby disclaim any responsibility or liability for such third-party products, features, or services.
Third party features and content
Our Services may provide access to third-party websites, features, apps, or other content. We offer this access only as a convenience and shall not be held responsible for the content or services available from these third-party resources.
Third-Party Links
Third-party content, products, and services may be available on our Service, and may include links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Any transactions made in connection with such third-party websites are solely between you and the third-party. You should carefully review the third-party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Service Fees
ManesLAB provides a free basic functionality of its Services. However, ManesLAB may, at its sole discretion, offer a premium version of the Services that includes additional features and products for a fee. If ManesLAB makes such premium version of the Services available, it will be subject to separate terms and conditions which you must agree to before purchasing.
Restrictions on your use of the Services
When using our Services on third-party platforms, you shall comply with the terms and conditions of such platforms, as well as all applicable laws, rules, and regulations. You must use the Services only for authorized purposes and refrain from using the Services in any manner that violates applicable laws, rules, or regulations or that exploits, harms, or attempts to exploit or harm other users of such third-party platforms, including, without limitation, using the Services to commit any crime or infringe anyone's intellectual property or privacy rights.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Intellectual property rights
The Services, including all information, software, text, displays, images, and the design, selection, and arrangement thereof, as well as any intellectual property or proprietary rights therein, are owned by ManesLAB, its licensors, and other providers of such material, and are protected by applicable intellectual property and proprietary rights laws. These Terms permit your use of the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Services or any portion thereof except as necessary for the authorized use of the Services. Any use of the Services not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through our service is governed by our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally, there may be information on our site or on the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
License of digital assets
We shall synchronize the underlying image of your legally held and authorized NFT digital assets from your bound digital wallets to authorized persons on third-party platforms. You acknowledge and agree that:
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intiManesLABate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Digital Millennium Copyright Act
CutUp respects the intellectual property rights of others. Upon proper notice, ManesLAB will, in its discretion, remove user generated content or other applicable content that violates intellectual property rights under applicable law, suspend access to the service (or any portion thereof) to any user who uses the service in violation of such law, and/or terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes intellectual property rights infringement, please send ManesLAB's intellectual property agent (listed below) a written notification of claimed infringement with all of the following information:
Please send all of the above-enumerated information to the following ManesLAB intellectual property department: legal@maneslab.xyz
Disclaimers of Warranties, Limitation of Liability
ManesLAB does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ManesLAB, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, purchased, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless ManesLAB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Cayman Islands.
Updating Terms
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Mobile Messages
These terms relate specifically to your use of email/text/SMS messages to receive one-time passcodes and marketing text from ManesLAB and its brands (i.e. Weirdo Ghost Gang, CutUp, ManeSTUDIO, ManeSPACE, Manes Gallery and more).
(a) Receiving one-time passcodes and marketing text in an SMS message. By providing a mobile phone number, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which you request directing messages to be sent. You agree and represent that all registration and contact information provided as part of your account, including the mobile phone number registered, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.
(b) Short Code; Quantity of Messages. You acknowledge and agree that the Service may send you recurring messages that provide one-time passcodes or marketing text.
(c) Functionality; Security; Mobile Use Precautions. The Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier's network and text messaging platform, and restrictions set by your carrier to your account. Neither ManesLAB and its brand nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that services will be available at all times. Neither ManesLAB and its brands nor its third party service providers are responsible for messages that are lost or misdirected.
(d) Third Party Charges and Mobile Messages. If you choose to receive your one-time password or marketing text in an SMS message, a device that can receive the SMS is required. SMS messages are not available on all carriers or on all rates plans. Even for Services for which ManesLAB and its brands do not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will ManesLAB, its brands, its third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.
(e) How to Opt Out. If you have supplied your mobile phone number as part of your user account or as part of a web form on ManesLAB owned sites, you may also have the ability to opt out by signing into your account and removing your phone number or by requesting your removal in an email instead.
(f) Customer Care. For customer support, contact support@maneslab.xyz
Contact
Questions about the Terms should be sent to us at legal@maneslab.xyz