Last Modified July 14, 2016
Manythings.online, a US corporation based in New York, including its successors and assignees, operates the Manythings.online ecommerce website, including, without limitation, www.manythings.online and co-branded variations of the site under contract with third parties, collectively referred to as “the Site.”
License and Site Access
Manythings.online grants you, the user, a non-exclusive license and right to access and use the Site, and to purchase items from third-party merchants accessible via links on the Site, for personal, noncommercial purposes.
The Site, including its operation, content and user interface, are within the jurisdiction of United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Manythings.online. Any such use, or any other use not granted under the license and rights herein, shall immediately terminate the licenses and rights granted by the Site and any Licensors hereunder, and may subject you to civil and/or criminal prosecution.
Any resale of the Site or its content; collection and use of any content, including but not limited to product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools are expressly prohibited and not included under the rights and license granted.
Manythings.online acknowledges that the operation of the Site may be interfered with by numerous factors outside or within the Site’s control, and does not guarantee continuous, uninterrupted or secure access to its services or the Site.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site as long as the link does not portray the Site, its subsidiaries, affiliates, Licensors, co-brand partners and other affiliates or partners or their respective services in an offensive, false, damaging, misleading, or derogatory manner. You may not use any Manythings.online, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Manythings.online, the subsidiary, affiliate, co-brand partner or other partner or Licensor, as applicable.
Additionally, you agree that by using the Site in the permitted capacities, you will not use any software, process or device that would interfere or attempt to interfere with the proper working order of the Site, any sales being conducted through the Site, or any other users’ use of the Site. You agree that you will not perform actions that may impose an unreasonable load on the Site’s system or infrastructure. You agree that you will not use any software, process or device that monitors or copies any part of the Site, including all content contained therein, without our express written consent.
The Site provides a variety of services to assist users in comparing prices for merchandise. Manythings.online is paid by merchants and third parties to list products and services on the Site, and for promotional offers (for example, featured affiliates, featured products, etc.). The Site does not sell, resell, or license any of the merchandise listed on the Site. Manythings.online does not act as an agent of sale, and as such relinquishes any claim of liability in relation to, or responsibility for, products and services listed on the Site (see below, Disclaimer of Warranties and Limitation of Liability). Any questions, complaints or claims related to any product should be directed to the relevant merchant or seller.
Manythings.online does not guarantee that the content of the Site, including but not limited to pricing, descriptions, commentary, or photographs, despite the source, is accurate, reliable, current, complete, or free of error. Content of the Site does not constitute an endorsement by the Site of any product, merchant, seller, service, or any reviews or comments thereof, regardless of source, and is deemed for informational purposes only. Manythings.online does not assume any liability for inaccuracy or incompleteness in content of the Site, including but not limited to editorial content, search results, or user ratings in any capacity.
The Site provides a medium for the display of content, and as such, may occasionally exhibit materials that may be considered “mature content.” Users that identify themselves as meeting the age requirement for access will be granted access. The Site makes no warranty regarding the content, their use, or any compliance with law regarding the display or use of such merchandise or information.
Submission of Content
The submission or contribution of content to the Site deems that the user asserts that they are the author and owner of the content, including but not limited to the intellectual property rights thereof, or that they hold the appropriate license and/or sublicense rights, from the owner, as well as granting the Site a perpetual, irrevocable, worldwide, royalty-free, transferable right and license to use, copy, modify, delete in part or entirety, publish, sell, distribute, translate, or create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology.
By contributing content to the Site, you also grant the right to Manythings.online to sublicense and all of the aforementioned rights to third parties, in all cases, without compensation to you. In addition, you declare that any and all “moral rights” that may be held by you regarding submitted materials have been voluntarily waived. No materials submitted to the Site shall be subject to obligation of confidence on the part of Manythings.online, its subsidiaries, affiliates, partners, agents, Licensors, co-brand partners, or other partners and their respective services, representatives, and organizations.
We reserve the right to modify, condense, or delete any content on the Site, at our sole discretion, that is deemed as in violation of the content guidelines listed herein, or any other provisions or policies of this Agreement.
By using the Site, you agree not to provide or post any information to or for the Site:
• That you know to be false, misleading, and/or inaccurate;
• That violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
• That contains any computer viruses, worms or other damaging or potentially damaging computer programs or files;
• That infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening, or unlawfully harassing to any individual, corporation, or organization;
• For which you were compensated or granted any consideration by any third party;
• That includes any information that references personal information, including but not limited to other websites, addresses, email addresses, contact information, phone numbers, or credit card numbers.
By contributing or submitting content to the Site, you agree not to impersonate any person or entity, use false or misleading personal information, including email addresses, or otherwise provide any information that could be deemed misleading regarding the content that you submit or contribute. The indemnity section below notes your obligation to indemnify Manythings.online and its subsidiaries, affiliates, partners, and others for the content you submit or contribute.
By using the Site, you agree to adhere to the following review policies to the best of your ability.
• Please review only one product or service at a time.
• Do not copy material from other sources, sites, etc.
• Reviews should be based on your own personal experience.
• Describe the reasons that you would, or would not, recommend the product or service to others.
• Offensive language, commercial endorsements, or reviews for which you were compensated or granted any consideration by any third party are prohibited.
• Phone numbers, email addresses, URLs or other contact information are strictly prohibited, and will result in the deletion of the review.
If you wish to review a merchant, you may submit a merchant review through the Merchant Review Process on the Site, or through the satisfaction survey. The purpose of a merchant review should be to describe your experience with a specific merchant; if the review pertains to a particular product, it should be contained to a product review.
By using the Site, you agree to adhere to the following merchant review policies to the best of your ability.
• You may only submit a merchant review regarding a merchant from whom you have purchased, or attempted to purchase, products or services, in which you have:
• Completed the ordering process,
• Submitted payment information, and
• Received an invoice number.
• Upon submitting a merchant review, you will submit the corresponding invoice number, or equivalent confirmation of order.
• You warrant that the invoice number or equivalent confirmation of order will be made available by the Site to the relevant merchant, with regards to your merchant review.
• If an invoice number or equivalent confirmation of order does not match the associated information of the sale, your review may not be displayed.
• Your merchant review should contain only a description of the experience with the merchant for which you are submitting the review.
• You should not include situations that are beyond the control of the merchant you are reviewing.
You agree that by providing the invoice number or equivalent confirmation of order that you may be contacted by Manythings.online and/or the relevant merchant to whom the merchant review relates. The merchant may dispute the validity of an invoice identified by you and may submit a complaint to the Site, which may result in a user review inquiry. In this case, we may, at our sole discretion, remove the review in question, and/or request additional information from you to determine if the review should remain on the Site. Your failure to participate in the user review inquiry will result in the removal of the contested review from the Site.
Any and all reviews, including product reviews, service reviews, and merchant reviews, are subject to the restrictions and conditions in the Submission of Content section.
You acknowledge and agree that we, at our sole discretion, may limit the number of merchant reviews we receive from users in relation to listing errors, pricing errors, available quantity of a product or service, shipping rates, or inventory levels, on a case-by-case basis. You warrant that your merchant review may not be included in this limitation.
Third Parties and Links to Other Sites
Manythings.online holds no authority or supervision over the business practices of third parties. The Site does not control the quality, safety, or legality of merchandise listed on the Site, or any transaction that transpires as a result of listings on the Site.
Should a dispute arise between you and a merchant listed on the Site, you agree to release Manythings.online, its affiliates, partners, subsidiaries, co-brand partners, and other third parties under contract with the Site, including their respective officers, employees, directors, or representatives, to the maximum extent permitted by law, from and against claims and damages of any kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, in any way connected with such dispute.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability, Disclaimer of Warranties and Indemnity
Manythings.online makes no representations or warranties of any type, express or implied, regarding the operation of the site or the information, content, graphics, links, materials, products, or services included on the Site, or their accuracy, reliability, completeness or timeliness, to the fullest extent permitted by applicable law. Manythings.online holds no claim of responsibility for third-party material on the Site, to the fullest extent permitted by applicable law. You agree that your use of the Site, its content, and/or any resulting transaction is solely at your own risk. Furthermore, operation of the Site may be interfered with by factors beyond Manythings.online’s control.
Manythings.online disclaims any and all warranties, express or implied, to the fullest extent permitted by applicable law, including but not limited to implied warranties of title, merchantability, and non-infringement of proprietary or third party rights pertaining to the Site. In addition, Manythings.online makes no representations or claims of responsibility regarding products or services reviewed on the site, bought and/or sold via the Site, or that buyers and/or sellers will perform as promised by them, to the fullest extent permitted by applicable law. To the maximum extent permitted by applicable law, Manythings.online will not be held liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages, or any damages related to loss of business or business opportunities. Manythings.online does not guarantee that the Site, its servers, emails sent from Manythings.online, or the content is free of viruses or other harmful components.
All disputes arising out of or related to this Agreement, including the scope, the construction, or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction.
The arbitration hearings and all meetings pursuant to this section shall be held in Staten Island, New York, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce/ecommerce in New York and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
Copyright Infringement and Notification Thereof
Manythings.online makes no warranties for the content of any third-party material provided on the Site, through the Site, or other services (“Third Party Content”). Manythings.online will respond to notices of alleged infringement regarding Third Party Content in accordance with the Digital Millennium Copyright Act (“DMCA”), which may include the Site’s removal or disabling of access to Third Party Content claimed to be the subject of infringement or other such activity.
Manythings.online will not respond to notices submitted through this process that pertain to matters other than the informing that a party’s copyrighted material may have been infringed upon and relating only to Third Party Content.
In order to submit a written notification, remit to the following Designated Agent:
Attn: Joe Noel
350 5th Ave, New York, NY 10118, United States
By Email: info[at]manythings.online
An infringement notification must include the following in order to be effective:
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
• Identification of the material (Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
• Reasonably sufficient information to allow Manythings.online to locate the infringing material;
• Reasonably sufficient information to allow Manythings.online to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
• A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
• A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
• The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Manythings.online, upon receiving the written notification containing the information outlined above, shall remove or disable access to the alleged infringing Third Party Content. Manythings.online shall forward the written notification to the alleged infringer (hereafter, “the Subscriber”), and shall take reasonable steps to notify the Subscriber that the Third Party Content in question has been removed or access to the same has been disabled.
A counter notification must be written notification provided to Manythings.online’s Designated Agent and must include the following in order to be effective:
• Identification of the material that has been removed or to which access has been disabled;
• Reasonably sufficient information regarding the location at which the material appeared before it was removed or access to it was disabled;
• A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
• A statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or, if the Subscriber's address is outside of the United States, for any judicial district in which Manythings.online may be found;
• The Subscriber's name, address, and telephone number; and
• A physical or electronic signature of the Subscriber.
Manythings.online, upon receiving the written counter notification containing the information outlined above, will comply with the DMCA provision that the removed material will be restored or access re-enabled within a reasonable amount of time, or as otherwise required by applicable law, unless Manythings.online’s Designated Agent has received notice from the original complainant that action or claim has been filed to seek a court order restraining Subscriber from engaging in the alleged infringement relation to the Third Party Content.
A failure by Manythings.online to act regarding a breach by any user does not waive its right to act with respect to similar or subsequent breaches.
You must be at least 18 years old to use this website. Manythings.online does not knowingly collect, use or disclose personal information about users under the age of 18. You may use the services offered on the Site only in conjunction with parents or guardians if you are under 18 years of age.
Written notices to Manythings.online, other than the aforementioned infringement notices under the section “Copyright Infringement,” may be sent to the following mailing address:
350 5th Ave, New York, NY 10118, United States
Manythings.online will not disclose personal information to any third parties, except in the following conditions:
• We determines, at our sole discretion, that disclosure is necessary to protect the rights, property, and safety of our users, Manythings.online, its subsidiaries, affiliates, co-brand partners or other parties under contract with us, or others;
• It is necessary in order to provide you with a particular service you have requested;
• It is required of us in order to comply with a legal process in any applicable jurisdiction;
• You have provided such data through a partner's private-level shopping web site hosted by the Site, in which case we may provide your personal data to that partner.
Manythings.online is not responsible for the privacy policies of its partners, or their use, storage, processing or handling of data collected on their websites.
In some cases, we may request that a user provides ancillary information; for example, demographic information, which we may use to learn more about our customers and/or to develop and improve our services. Any and all requests for ancillary information will be deemed optional.
Occasionally, we may compile aggregate data, which is information about groups of customers that uses personal information to identify distinguishing characteristics; however, once compiled, aggregate data will in no way identify an individual user. Aggregate data may be disclosed, at our sole discretion, to advertisers, business affiliates, and other parties.
Manythings.online uses web servers that collect visitors’ statistical information from the Site. This information includes what pages are visited, date and time of visits, download times, and IP addresses of users, among other data. The data collected is not collected in a manner intended to identify any individual or individual use of the Site, and are automated functions in order to assist us in sustaining the quality of the Site and its content. Occasionally, such data is disclosed to marketing companies and advertisers to measure the effectiveness of advertising, which pages are most attractive and most interesting to visitors, and the types of promotional offers customers want to see.
Manythings.online is not responsible for the privacy practices, content, or actions of third parties, the websites of which may link to the Site. You are encouraged to review the privacy policies of each third party site to determine the personal information that they collect, how it is used, and how it is stored. Any personal information collected by the Site is maintained and stored in adherence with industry-recognized standards, and secured from unauthorized access. However, it is possible that third parties may unlawfully interfere with or intercept the transmission of such information. Manythings.online holds no responsibility for the actions of third parties that interfere with, intercept, or misuse personal information that they may unlawfully collect from the Site.
If you wish to prevent third-party advertisers from collecting data from you, you may opt out of each ad network individually by visiting their website, or opt out of all network advertising cookies through the gateway opt-out site found here: http://www.networkadvertising.org/optout_nonppii.asp
Copyright and Trademarks
All materials on the Site, including but not limited to content, graphics, design, format, and interface owned by Manythings.online and/or its Licensors, and are protected by US copyright law and intellectual property laws.
The materials on the Site are available for non-commercial, informational offline use, so long as Manythings.online has given express written consent to such use, the materials are not modified in any way, all copyright and proprietary notices are retained, and the material is reproduced in its entirety. The materials on the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Manythings.online.
Requests to reuse materials of the Site should be sent to: info[at]manythings.online
Manythings.online and the Manythings.online logo are trademarks of Manythings.online. Any other product names, symbols, logos, marks, trade names, and/or company names that appear on the Site are the property of the respective owner(s), and appear by the courtesy and/or license from such owner(s). Such identifying marks are protected by US law, and may also be protected by the laws in other countries.