Updated April 2015

Mantra.Ninja is owned and operated by NarratorMedia, LLC (the “Company”). By using or visiting the Mantra.Ninja website (the “Site”) and/or utilizing the services through the Site, you indicate your acknowledge and acceptance of these Terms of Service (the “Terms of Service”). These Terms of Service may change from time to time, and you agree to be bound by any such changes when posted on this Site. The Company, including its affiliates as applicable, reserves all of its rights at law and equity, including the right to block access to this Site if you violate any of these terms and conditions.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES THROUGH THIS SITE. PROTONFACTORY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSESSENT TO THESE TERMS OF SERVICE.

Service

Subject to full compliance with the Terms of Services, the Company may offer to provide certain services and content on the Site (“Services”). Services shall include, but not be limited to, any service and content the Company provides to you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to, text, user comments, messages, information, data, graphics, photographs, images, and model images (the “Content”). The Company may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

The Site allows you to upload and then annotate that image by using video, text, and audio. Additionally these images can be placed into an album to create presentations. More features and services may be developed and implemented in the future. All Content that you upload, transmit or post in using this Site is entirely your responsibility and the Company expressly disclaims any and all liability in connection with such Content. The Company will not be liable under any circumstances for any damages of any kind caused as result of Content.

Accounts, Passwords and Security.

In using the Site, you will be required to open an account and complete the registration process by providing the Company with current, complete and accurate information, as prompted by the applicable registration form. The Company may also use a third party login authentication service (for example Facebook or Google) to enable access to the Site.

You acknowledge that by providing any registration information to the Company, directly or indirectly, which is untrue, inaccurate, not current or incomplete, the Company reserves the right to terminate your continued access and use of the Site and/or Services.

You are solely responsible for the activity that occurs on your account, and you must keep your account secure. You shall not select or use as an account username a name of another person with the intent to impersonate that person; a name subject to any rights of a person other than you without appropriate authorization; or a name that is offensive, vulgar or obsence. In such instances, the Company reserves the right to terminate your continued access and use of the Site and/or Services.

You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by the Company or another party due to someone else using your account or password.

Use

As a condition of use, you shall not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by the Company. You shall not use the Site or Services, including uploading, posting or transmitting Content to: participate in any fraudulent activities, to deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail (“Spam”); deliver or disseminate any material or information of any kind that is libellous, defamatory, obscene, pornographic; abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, including intellectual property rights; or impersonate any person or entity, including but not limited to the Company. You shall not utilize this Site and underlying connection to interfere with any Internet user, host, provider or network, including but not limited to denying service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), use any robot, spider, scraper or other automated means to access the Site, or attempting to “crash” a host. You shall not use the Site or Services to advertise to or solicit, any user to buy or sell any products or services. It is also a violation of these Terms of Service to use any information obtained from the Services or Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

The Company may remove any Content and user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report any abuse in contravention of these Terms of Service please email: abuse@mantra.ninja

You may download materials displayed on the Site for supporting your use of the Site, provided that you retain all copyright and other proprietary notices contained in such materials.

You are solely responsible for interactions with other users of the Site. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.

Your Content

As an account holder you may submit Content to the Site, including, but not limited to, images, videos, audio, or text. You understand that the Company does not guarantee any confidentiality with respect to any Content you submit and any other user may view such Content.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, and display Content in connection with the Service or Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. If you have marked that Content as “public” and therefore shareable with the public, you grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, and display such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Site. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the Site’s Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Copyright

Excluding Content, the information, content text, graphics, logos, images, audio clips and software displayed on this Site (“Company Property”), is the property of the Company or its licensors, as the case may be, and is protected by copyright laws.

The Company respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. The Company will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms of Services where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify the Company of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of copyright@mantra.ninja and include in your notice a detailed description of the alleged Infringement sufficient to enable the Company to make a reasonable determination. Please note that you may be held accountable for damages (including reasonable costs and legal fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide the Company with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at copyright@mantra.ninja. You must include in your counter notice sufficient information to enable the Company to make a reasonable determination. Please note that you may be held accountable for damages (including reasonable costs and legal fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

Privacy Policy

Any personal information that you provide the Company through this Site or Service is governed by the Company’s Privacy Policy, which is incorporated into these Terms of Services by this reference.

Indemnification

You agree to indemnify and hold harmless the Company, its parents, affiliates, customers, vendors, officers, agents, contractors and employees, from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the Company, which result from or relate to your use of the Site or Services and any violation of these Terms of Services, including, but not limited to, any violation of any third party rights with respect to your Content. You will give the Company prompt notice of any such demand, claim or proceeding that you are aware of.

No Warranties

All information, including Content, contained on this Site is provided “as is”, without warranties of any kind, either expressed or implied, including warranties of merchantability, merchantable quality, title, fitness for a particular purpose, security, accuracy and non-infringement. the Company may add or change the information contained on this Site, as well as amend the programs, products or offerings described on this Site, without notice. The Company makes no representation or warranty, assumes no responsibility, and shall not be liable in respect of any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site.

Links to Third-Party Sites

This Site may contain a number of links to third-party websites. The Company does not control these linked sites, which you may use at your own risk, and is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. The Company makes no representation, warranty or endorsement whatsoever about any other website which you may access through this Site.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.

Trademarks

The trademarks and logos displayed on this Site are the property of the Company or other third parties. You are not permitted to use any of these trademarks without the prior written consent of the Company or the third party.

Termination

The Company may terminate or suspend any all Services, your access to the Site, and your account immediately, without prior notice or liability, if you breach any of the terms or rules of these Terms of Service. Upon termination of your account, your right to use the Services and Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services and withdraw or delete any Content you may have uploaded. All provisions of the Terms of Service which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, will survive termination.

Cookies

This Site uses cookies to identify users, compile Site usage statistics, and to provide customized services. Cookies are small text files stored on your computer to identify your browser. Our use of cookies does not enable others to access your personal information.

Security

This Site uses administrative, contractual, physical, and technical means to protect against the unauthorized access to personal information, such as confidentiality agreements with employees, firewalls, Secure Sockets Layer protocol, user names and passwords. Although the Company takes reasonable steps concerning security of this Site, no Site is completely secure from unauthorized access.

Jurisdiction

This Site originates in the state of North Carolina, U.S.A. It shall be governed by and construed in accordance with the laws of the state of North Carolina and the federal laws of the U.S. applicable therein. All disputes, proceedings or claims arising out of or in connection with this Site will be subject to the exclusive jurisdiction of the Courts of the state of North Carolina.

General

No agency, partnership, joint venture, or employment is created as a result of these Terms of Services and you do not have any authority to bind the Company in any respect whatsoever. Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused. These Terms of Service constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. In the event that any one or more provisions contained in these Terms of Service are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Terms of Service and these Terms of Services will be construed as if such invalid, illegal or enforceable provision had never been contained herein.

Contacts

If you have any questions concerning these Terms of Service, please contact termsofservice@mantra.ninja