Terms and Conditions
A. Definitions
- An “Account” represents your legal relationship with Mancillas Retail. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Mancillas Retail.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Mancillas Retail Privacy Statement) and procedures that we may publish from time to time on the Website.
- “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
- “Mancillas Retail,” “We,” and “Us” refer to Mancillas Retail, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- The “Service” refers to the applications, software, products, and services provided by Mancillas Retail, including any Beta Previews.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
- The “Website” refers to Mancillas Retail’s website located at mancillasretail.com, and all content, services, and products provided by Mancillas Retail at or through the Website.
B. Account Terms
1. Account Controls
- Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
2. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity.
3. Account Requirements
We have a few simple rules for User Accounts on Mancillas Retail’s Service.
- You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
- One person or legal entity may maintain no more than one free Account.
- You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with Canada law. Mancillas Retail does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside Canada, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
4. User Account Security
You are responsible for keeping your Account secure while you use our Service.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
- You are responsible for maintaining the security of your Account and password. Mancillas Retail cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify Mancillas Retail if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
C. Acceptable Use
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
D. Copyright Infringement
If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on Mancillas Retail violates your rights, please contact us via form. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
E. Intellectual Property Notice
1. Mancillas Retail Rights to Content
Mancillas Retail and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Mancillas Retail.
F. API Terms
Abuse or excessively frequent requests to Mancillas Retail via the API may result in the temporary or permanent suspension of your Account’s access to the API. Mancillas Retail, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not use the API to download data or Content from Mancillas Retail for spamming purposes, including for the purposes of selling Mancillas Retail users’ personal information, such as to recruiters, headhunters, and job boards.
G. Payment
1. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Mancillas Retail.
2. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Mancillas Retail any charge incurred in connection with your use of the Service. If you dispute the matter, contact Mancillas Retail. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
H. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your Account with Mancillas Retail. You can cancel your Account at any time. The Account screen provides a simple, no questions asked cancellation. We are not able to cancel Accounts in response to an email or phone request.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
3. Mancillas Retail May Terminate
Mancillas Retail has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Mancillas Retail reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
I. Communications with Mancillas Retail
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Mancillas Retail Must Be in Writing
Communications made through email or Mancillas Retail Support’s messaging system will not constitute legal notice to Mancillas Retail or any of its officers, employees, agents or representatives in any situation where notice to Mancillas Retail is required by contract or any law or regulation. Legal notice to Mancillas Retail must be in writing.
J. Disclaimer of Warranties
Mancillas Retail provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Mancillas Retail does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
K. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
L. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
M. Miscellaneous
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Mancillas Retail and any access to or use of the Website or the Service are governed by the laws of Canada, without regard to conflict of law provisions.
2. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
3. Severability, No Waiver, and Survival If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Mancillas Retail to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.