MANGOWIN

USER AGREEMENT

October 2015



Welcome to Mangowin.com. When you use our site, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below. You are entering into a legally binding agreement.


1. INTRODUCTION

Mangowin is an employment marketplace.

Our registered marketplace users (“Members”) are both individual job seekers and companies/ organizations seeking to hire. Members share their personal and professional identities, engage with their network, make reviews of other Members, exchange knowledge and insights, post and view relevant content, find job opportunities and find candidates for their job openings. Content on our site is also visible to unregistered viewers (“Visitors”). We believe that our services allow our Members to effectively find work and connect with potential candidates for their job openings.



1.1. Purpose

Our mission at Mangowin is to eliminate unemployment by facilitating the connection between recruiters and job seekers. We are especially interested in helping the youth to find fulfilling work.



1.2. Scope and Intent


When you use Mangowin site, you are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.


You agree that by registering on Mangowin or by using our website, you are entering into a legally binding agreement with Ureach Inc. 10265 Parkwood Drive #7, Cupertino California 95014 USA, whether as a registered member on Mangowin.com, or unregistered user (“Visitor”). If you are using Mangowin on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT click “Sign in” and do not access, view, download or otherwise use any Mangowin webpage, content, information or services. By clicking “Sign in”, “Sign Up” or similar, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Mangowin User Agreement and Privacy Policy are also collectively referred to as Mangowin “Terms of Service.”


Mangowin does not verify nor certify citizenship nor the immigration status of members.  


Mangowin.com does not verify nor certify that members of its community are legally able to work in the US. It is the recruiter responsibility to verify such information and documentation.


Mangowin does not guarantee work related performance based on the information provided on Mangowin website. 


Mangowin.com does not verify the validity of any personal information, education, nor work related experience that its members might provide.



2. YOUR OBLIGATIONS



2.1. Applicable laws and this Agreement


Some promises you make to us in this Agreement:

You will follow the law and Mangowin rules.


You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and related webpages:

  • Do’s and Don’ts

  • Complaints Regarding Content Posted on the Mangowin Website

  • Mangowin Privacy Policy; and

  • Other specific rules for particular Services.


2.2. License and warranty for your submissions to Mangowin


You still own what you own, but you grant us a license to the content and/or information you provide us.


As between you and Mangowin, you own the content and information you provide Mangowin under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users..


We will respect the choices you make about who gets to see your information and content.


Pursuant to this license, Mangowin may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, and your settings.


You promise to only provide us information and content that you have the right to give us and you promise that your Mangowin profile will be truthful.


Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).


It is your responsibility to keep your Mangowin profile information accurate and updated.



2.3. Service Eligibility


You are eligible to enter into this contract and you are at least our “Minimum Age.”


The information you provide is truthful.


To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Mangowin account, (3) are not a competitor of Mangowin or are not using the Services for reasons that are in competition with Mangowin; (4) will only maintain one Mangowin account at any given time; (5) will use your real name and only provide accurate information to Mangowin; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Mangowin or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.


Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Mangowin to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.



2.4. Your Membership


You will keep your password a secret.

You will not share an account with anyone else.

You will not copy or transfer any part of the Services.


The profile you create on Mangowin will become part of Mangowin and except for the content and information that you license to us, is owned by Mangowin. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Mangowin account to another party; and (5) not charge anyone for access to any portion of Mangowin, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Mangowin account, please notify us via email at jaberg@mangowin.com and we will proceed to eliminate your account from the system. This account becomes an inactive account.



2.5. Indemnification


You will pay us for any losses that you cause.


You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Mangowin.


2.6. Service Fees

Mangowin only charges Recruiters a connection fee of $10 per connection. The Service is free for Job Seekers. Mangowin also charges $100 to attend a recruiting event. The company might change the fee amount at any time and or add other service fees in the future


When a company sends a contact request to a job seeker through Mangowin and he/she accepts the contact request, only then the company can see the person’s full name, email address and phone number and they are “connected”. When a job seeker applies for a job opening and the Company accepts the request, only then the Company can see the person’s full name, email address and phone and they are “connected”. Otherwise Companies can see the person’s profile but only partial contact information (Name and First initial of Last Name). At the end of each month, Recruiters agree to pay Ureach Inc., the owner of Mangowin tool, a fee of $10 per connection, for all connections made in that month. Companies/Organizations are allowed to upload information and job posts free of charge. Individuals are allowed to upload personal and professional information free of charge. All visitors to the site can browse Job Seeker’s and Company’s information free of charge.


To attract job seekers and recruiters to the tool the Company organizes career workshops and recruiting events. Recruiters are invited to participate at the recruiting event which usually takes place at an educational institution. The Company charges recruiters $100 non-refundable fee to attend the event.



2.7. Payment


You will honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.

We don't guarantee refunds.


If you are a Company and you connect with a job seeker, you agree to Mangowin storing your payment information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the closing of your account. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Mangowin does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues while you have an active company account.


If you decide to close your Mangowin Company account, please notify us via email at jaberg@mangowin.com and we will proceed to eliminate your Company account from the system; the account becomes inactive immediately upon receipt of the cancellation/account closing email.


All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your account. We do not guarantee refunds for lack of usage or dissatisfaction.



2.8. Notify us of acts contrary to the Agreement


If you think you have to breach this Agreement, you will let us know beforehand.


If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.



2.9. Notifications and Service Messages


You are okay with us providing you with important notices on our websites, mobile apps, or email.

The contact information you provide must be accurate or you may not receive important notices.


For purposes of service messages and notices about the Services, Mangowin may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Mangowin to an email address associated with your account, even if we have other contact information. You also agree that Mangowin may communicate with you through your Mangowin account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Mangowin account or services associated with Mangowin. Please review your Mangowin settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.



3.0. Mangowin Applications


This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.


Mangowin may offer the Services through applications built using Mangowin’s platform (“Mangowin Applications”). If you use a Mangowin Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Mangowin plugins that load in your browser may be communicated to us. Further, by importing any of your Mangowin data through the Mangowin Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Mangowin account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Mangowin through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.



3.1. User-to-User Communication and Sharing


When you share information, others can see, copy and use that information.


Mangowin offers allows the user to post observations and comments on other colleagues and employers (peer to peer reviews, customer reviews and inside review).


Peer to peer Reviews. Peer to peer reviews are meant to give workers the opportunity to review their present and past co-workers from companies that they have both worked together at. These reviews are only made public if the reviewee allows it to. The only requirement is that both the reviewer and the reviewee have matching companies in their work experience. If the reviewer were to delete a company from their work experience, any review they had written for workers of that company would be deleted as well. Mangowin.com does not validate any work history nor does it confirm that any two members of Mangowin.com did in fact share the same work experience.


Customer Reviews. Customer reviews are designed to grant customers the opportunity to give a personal review to a member of the Mangowin community. In no way does Mangowin.com determine the validity of the review nor the confirmation that the reviewee has ever worked for the reviewer. This is why members of Mangowin.com, are given the option to make a limited number of reviews private so other Mangowin.com users will not see them.


Inside Reviews. Inside reviews are meant for current employees and past employees to be given the opportunity to rate any companies they have worked for in several categories. These reviews are public so job seekers can learn about potential employers from their previous employees to see if the workplace would be suitable for them. Mangowin.com does not confirm the validity of any inside reviews, nor does Mangowin.com confirm that any reviewer did in fact work at the company it is reviewing. The only requirement for an inside review is that the reviewer does in fact have that company in his or her work history. If that company is ever deleted from his or her work history, the inside review is deleted as well.

Any and all reviews posted on Mangowin.com, are not the opinions or beliefs of Mangowin.com, and are posted without any influence by administrators of Mangowin.com.


Mangowin, in its sole discretion, may remove content from them or from anywhere on the Services if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors (note that all content you post is publicly visible unless you restrict it), and Mangowin cannot guarantee that other Members will or will not use the ideas and information that you share on Mangowin, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to Mangowin. Mangowin is not responsible for another’s misuse or misappropriation of any content or information you post on Mangowin.



3.2. Privacy


You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.


You should carefully read our full Privacy Policy before using Mangowin as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Mangowin, are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Mangowin may process such information, within the terms of the Privacy Policy.



3.3. Export Control


You won’t break export laws.


Your use of Mangowin services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.



3.4. Contributions to Mangowin


If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.


By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Mangowin, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Mangowin is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Mangowin shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Mangowin may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Mangowin rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Mangowin under any circumstances.



3. YOUR RIGHTS


If you follow this agreement, we grant you a limited right to use Mangowin.

You will only access and use Mangowin in the way this agreement allows you.


On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, non -assignable, non-sub-license able license and right to access the Services, through a generally available web browser, mobile device or Mangowin authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Mangowin or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Mangowin contrary to our mission and purpose (such as seeking to connect to someone other than for job related reasons, or to use information gathered from Mangowin commercially unless expressly authorized by Mangowin) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Mangowin and all related items, including any and all copies made of the Mangowin websites.



4. OUR RIGHTS AND OBLIGATIONS


4.1. Services Availability


We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content.


For as long as Mangowin continues to offer the Services, Mangowin shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Mangowin as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Mangowin, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Mangowin or by direct communication to you unless otherwise noted.


We may not keep showing the content or information you provide to us.


Mangowin further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Mangowin to be contrary to this Agreement. For avoidance of doubt, Mangowin has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Mangowin may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.



4.2. Third Party Content, Sites and Developers


Your access of other Members’ and third parties’ content and information posted on the Services is at your own risk.


By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.


Third parties may offer their own products and services through Mangowin, and we are not responsible for these third-party activities.


Mangowin may include links to third party web sites (“Third Party Sites”) on our Services. Mangowin also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Mangowin through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Mangowin is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Mangowin also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow a Platform Application or Third Party Site to authenticate you or connect with your Mangowin account, that application or website can access information on Mangowin related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Mangowin Privacy Policy.



4.3. Disclosure of User Information


You agree that we can use, store, and share information about you as permitted in our Privacy Policy.


You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Mangowin, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.



4.4. Connections and Interactions with other Members


We have the right to limit the connections and interactions on the Services.


You are solely responsible for your interactions with other Members. Mangowin may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Mangowin reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Mangowin determines, in our sole discretion, that doing so is necessary to enforce this Agreement.



4.5. Intellectual Property Notices


We are providing you notice about our intellectual property rights.


The Services include the copyrights and Intellectual property rights of Mangowin and except for the limited license granted to you in Section 3, Mangowin reserves all of its intellectual property rights in the Services. Mangowin logos and other Mangowin trademarks, service marks, graphics, and logos used in connection with Mangowin are trademarks or registered trademarks of Mangowin or Mangowin Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with Mangowin may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.



5. DISCLAIMER

We disclaim any legal liability for the quality, safety, or reliability of Mangowin.


SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON MANGOWIN OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR MANGOWIN AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MANGOWIN DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MANGOWIN AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MANGOWIN OR ANYTHING RELATED TO MANGOWIN, YOU MAY CLOSE YOUR MANGOWIN ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. MANGOWIN IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MANGOWIN TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. MANGOWIN DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MANGOWIN DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. MANGOWIN DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MANGOWIN DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MANGOWIN DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MANGOWIN SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.



6. LIMITATION OF LIABILITY


We are trying to limit any legal liability we may have to you.


LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Mangowin nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Mangowin Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for “connections”, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Mangowin. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

  • Not apply to any damage that Mangowin may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

  • Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.



7. TERMINTATION


7.1. Mutual rights of termination


We can each end this Agreement anytime we want.


You may terminate this Agreement, for any or no reason, at any time, with notice to Mangowin pursuant to Section 9.3. This notice will be effective upon Mangowin processing your notice. Mangowin may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Mangowin or the party paying for the services may terminate your access to any Premium Services. Termination of your Mangowin account includes disabling your access to Mangowin and may also bar you from any future use of Mangowin.


7.2. Misuse of the Services


Mangowin may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the Mangowin messaging services; creating multiple or false profiles; using the Services commercially without Mangowin authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Mangowin, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Mangowin has adopted a policy of terminating accounts of Members who, in Mangowin sole discretion, are deemed to be repeat infringers under the United States Copyright Act.


7.3. Effect of Termination


Upon termination of your Mangowin account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).



8. DISPUTE RESOLUTION


8.1. Law and Forum for Legal Disputes


In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.


This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Mangowin, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Mangowin agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Mangowin agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Mangowin shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


8.2. Arbitration Option

Each of us will have the right to choose arbitration.


For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.



9. GENERAL TERMS


9.1. Severability


Here are some important details about how to read the Agreement.


If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.


9.2. Language


Where Mangowin has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Mangowin.


9.3. Notices and Service of Process


In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.mangowin.com, or another Mangowin site or app. You may contact via mail or courier at: Ureach Inc. ATTN: Legal Department 10265 Parkwood Drive #7, Cupertino CA 95014 USA. Additionally, Mangowin accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.


9.4. Entire Agreement


You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Mangowin regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mangowin services, third-party content or third party software.


9.5. Amendments to This Agreement


We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.mangowin.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).


9.6. No informal waivers, agreements or representations


Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Mangowin Affiliate shall be deemed legally binding on any Mangowin Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Mangowin.


9.7. No Injunctive Relief


You waive your rights to try to stop Mangowin, but we don’t waive our rights to ask a court to stop your actions.


In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.


9.8. Beneficiaries


Entities other than Mangowin are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.


9.9. Assignment and Delegation

You can’t assign your rights under this Agreement, but we can.


You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Mangowin for any third party that assumes our rights and obligations under this Agreement.


9.10. Potential Other Rights and Obligations


You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.



10. MANGOWIN “DOs” AND “DON’Ts.”


As a condition to access Mangowin, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:


10.1. Do undertake the following:

Here’s a list of some of the specific things we ask you to do and not do on Mangowin.

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

  2. Provide accurate information to us and update it as necessary;

  3. Review and comply with our Privacy Policy;

  4. Review and comply with notices sent by Mangowin concerning the Services;

  5. Use the Services in a professional manner; and

  6. Use your real name on your profile.

10.2. Don’t undertake the following:

  1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Mangowin;

  2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;

  3. Create a Member profile for anyone other than a natural person;

  4. Harass, abuse or harm another person, including sending unwelcomed communications to others using Mangowin;

  5. Upload a profile image that is not your likeness or a head-shot photo;

  6. Use or attempt to use another's account or create a false identity on Mangowin;

  7. Upload, post, email, transmit or otherwise make available or initiate any content that:

  1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;

  2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

  3. Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Mangowin);

  4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

  6. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Mangowin invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Mangowin to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;

  7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Mangowin or any user of Mangowin;

  8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

  9. Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.

  1. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

  2. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Mangowin (excluding content posted by you) except as permitted in this Agreement, Mangowin developer terms and policies, or as expressly authorized by Mangowin;

  3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

  4. Utilize or copy information, content or any data you view on or obtain from Mangowin to provide any service that is competitive, in Mangowin sole discretion, with Mangowin;

  5. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Mangowin unless you have entered into a written agreement with Mangowin (this includes, but is not limited to, representing yourself as an accredited Mangowin trainer if you have not been certified by Mangowin as such);

  6. Adapt, modify or create derivative works based on Mangowin or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Mangowin developer program;

  7. Rent, lease, loan, trade, sell/re-sell access to Mangowin or any information therein, or the equivalent, in whole or part;

  8. Sell, sponsor, or otherwise monetize a Mangowin service or functionality, without the express written permission of Mangowin;

  9. Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Mangowin web page other than Mangowin home page) unless expressly authorized in writing by Mangowin or for the purpose of promoting your profile or a Group on Mangowin as set forth in the Brand Guidelines;

  10. Remove any copyright, trademark or other proprietary rights notices contained in or on Mangowin, including those of both Mangowin and any of its licensors;

  11. Remove, cover or otherwise obscure any form of advertisement included on Mangowin;

  12. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Mangowin except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

  13. Share information of non- Members without their express consent;

  14. Infringe or use Mangowin brand, logos or trademarks, including, without limitation, using the word “Mangowin” in any business name, email, or URL or including Mangowin trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Mangowin;

  15. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;

  16. Use bots or other automated methods to access Mangowin, add or download contacts, send or redirect messages, or perform other similar activities through Mangowin, unless explicitly permitted by Mangowin;

  17. Access, via automated or manual means or processes, Mangowin for purposes of monitoring Mangowin availability, performance or functionality for any competitive purpose;

  18. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Mangowin website;

  19. Attempt to or actually access Mangowin by any means other than through the interfaces provided by Mangowin such as its mobile application or by navigating to https://www.mangowin.com using a web browser. This prohibition includes accessing or attempting to access Mangowin using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Mangowin;

  20. Attempt to or actually override any security component included in or underlying Mangowin;

  21. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Mangowin infrastructure, including, but not limited to, sending unsolicited communications to other Members or Mangowin personnel, attempting to gain unauthorized access to Mangowin, or transmitting or activating computer viruses through or on Mangowin; and/or

  22. Interfere or disrupt or game Mangowin or the Services, including, but not limited to, any servers or networks connected to Mangowin, or Mangowin search algorithms.



11. COMPLAINTS REGARDING CONTENT POSTED ON THE MANGOWIN WEBSITE


If you think someone has stolen or misused your intellectual property on Mangowin, please check out our Copyright Policy.


We built Mangowin to help recruiters connect with job seekers. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Mangowin provides a process for submission of complaints concerning content posted by our Members. 


How to Contact Us

If you have questions or comments about this Private Policy Agreement, please contact us via email at jaberg@mangowin.com or by physical mail at:


Ureach Inc.

10265 Parkwood Drive #7

Cupertino, CA 95014

USA