TERMS OF USE
Welcome to the Red Mango, Inc. website,
www.RedMangoUSA.com (the "Site"). By accessing this Site, you agree
to be bound by the terms and conditions below (the "Terms"). If you
do not agree to all of the Terms, please do not use the Site. Red
Mango, Inc. may from time to time modify or revise the Terms by
updating this Web page. Your use of our Site following any such
change constitutes your agreement to follow and be bound by the
Terms as changed. If any change is unacceptable to you, your only
recourse is to terminate your use of the Site.
COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including but not limited to, text,
photographs, graphics, illustrations, artwork, user interfaces,
visual interfaces, video, sound and other material (all such
content collectively referred to as "Content"), and the design,
structure, selection, coordination, expression, "look and feel" and
arrangement of such Content, are protected under United States and
international copyright laws and are the property of Red Mango,
Inc. or its third party licensors. All rights are reserved by Red
Mango, Inc. All logos, splash screens, page headers, custom
graphics and button icons displayed on this Site are service marks,
trademarks, and/or trade dress (collectively, "Marks") of Red
Mango, Inc. or its third party licensors. Except as specifically
permitted herein, copying, distributing, transmitting, displaying,
modifying, selling or participating in the sale of, or otherwise
exploiting or using any Content or any Marks in any form or by any
means without the express written permission of Red Mango, Inc. is
prohibited and may violate the copyright, trademark or unfair
competition laws of the United States and/or other countries.
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site
including, without limitation, all Site software, design, text,
editorial materials, informational text, photographs, images,
illustrations, clips, artwork and other graphic materials, and
names, logos, trademarks and service marks (the "Materials"), are
the property of Red Mango, Inc. or its licensors and are protected
by copyright, trademark and other intellectual property laws and
treaties. RED MANGO name, design and related marks are trademarks
of Red Mango, Inc. © 2011 Red Mango, Inc.. All rights reserved.
Red Mango hereby grants you a personal, non-exclusive,
non-assignable and non-transferable license to use and display the
Materials for noncommercial and personal use only; provided that
you maintain all copyright and other notices contained in such
Materials. Red Mango, content providers and content providers'
licensors do not transfer any title, right or interest to or in any
Materials to you. You agree not to reproduce, modify, create
derivative works from, display, perform, distribute, sell, rent,
lease, transfer, sublicense, disseminate, broadcast or circulate
any Materials to any third party (including, without limitation,
the display and distribution of Materials via a third party
website) without express prior written consent of Red Mango. Use of
Materials is only permitted with the express written permission of
Red Mango and/or its licensors. You further agree that you will not
disassemble, decompile, reverse engineer, modify or otherwise
reduce the computer file in which the Materials are stored to a
human-readable form. In addition, you may not attempt to
circumvent, avoid, bypass, remove, deactivate, impair or otherwise
defeat any encryption, rights signaling or copy protection
technology in which the Materials are wrapped or otherwise
associated with, and you may not edit, modify, translate, or create
adaptations of the Material.
This Section will survive the termination of your right to use
this Site.
YOUR COMMENTS AND TRANSMISSIONS
We appreciate your comments, remarks, feedback, suggestions,
ideas, inventions, artwork, developments, concepts, and other types
of communications and submissions you disclose or transmit to us
(collectively, "Submissions"). So long as no personally
identifiable information is disclosed, Red Mango, Inc. is free to
use the Submissions for any purpose whatsoever. By making a
Submission, you grant Red Mango, Inc. and its affiliates a
perpetual, irrevocable, worldwide, royalty-free right and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works of, distribute, publicly perform, publicly
display, develop, manufacture, advertise, and market your
Submissions and any related copyrights, moral rights or other
intellectual property rights therein. Any such use is without
compensation to you. By making a Submission, you also warrant that
you own the material/content submitted, that it is original, that
it is not defamatory, and that Red Mango, Inc.'s use of the
Submission will not violate any third party's rights. Red Mango,
Inc. is under no obligation to use any Submission or any part
thereof.
We ask that you do not submit confidential information or
materials to us. We will not keep the Submission confidential and
we may use it as we see fit. By submitting anything to us, you
acknowledge that the Submission is not confidential, or that even
if you think that it is, you are waiving any rights you may have to
the Submission being confidential or any ownership interest you
think that you have in the Submission. Also, please do not submit
anything to us that you have done for your employer during the
course of your employment.
INDEMNIFICATION
You agree to defend, indemnify and hold Red Mango, Inc. and each
of its subsidiaries, affiliates, franchisees, licensees, officers,
directors employees and agents, harmless from and against any and
all claims, losses, damages, liabilities, costs and expenses,
including reasonable fees and expenses of counsel, incurred or
suffered by them and arising from or related to your (i) use of the
Site or (ii) violation of any of these Terms.
MODIFICATIONS TO THE SITE
Red Mango, Inc. reserves the right, for any reason, in its sole
discretion, to terminate, change or suspend any aspect of the Site
including but not limited to content, features or hours of
availability. Red Mango, Inc. may impose limits on certain features
of the Site or restrict your access to part or all of the Site
without notice or penalty.
PRIVACY
Our Privacy Policy applies to use of
this Site, and its terms are made a part of these Terms of Use by
this reference. Additionally, by using the Site, you acknowledge
and agree that Internet transmissions are never completely private
or secure. You understand that any message or information you send
to the Site may be read or intercepted by others, even if there is
a special notice that a particular transmission is encrypted. This
Site does not intend to target or collect personal information from
individuals under the age of 13.
DISCLAIMER
THIS SITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS
AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. RED MANGO, INC. EXPRESSLY DISCLAIMS ALL
SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
RED MANGO, INC. DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS
WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE
SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RED MANGO, INC. OR ANY OF ITS SUBSIDIARIES,
AFFILIATES, FRANCHISEES, LICENSEES, OFFICERS, DIRECTORS EMPLOYEES
OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE
OF OR INABILITY TO USE THIS SITE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
GOVERNING LAW
You agree that all matters relating to your access to or use of
the Site, including all disputes, will be governed by the laws of
the United States and by the laws of the State of California
without regard to its conflicts of laws provisions. You agree to
the personal jurisdiction by and venue in the state and federal
courts in Los Angeles County, California, and waive any objection
to such jurisdiction or venue.
GENERAL PROVISIONS
These Terms constitute a binding agreement between you and Red
Mango, Inc., and supercede all prior agreements between the parties
regarding the subject matter herein. If any provision of the Terms
shall be found by a court of competent jurisdiction to be unlawful,
void, or for any reason unenforceable then that provision shall be
deemed severable from the Terms and shall not affect the validity
and enforceability of any remaining provisions. The Terms are
effective until terminated by you or Red Mango, Inc., which Red
Mango, Inc. may do at any time, without notice, in its sole
discretion. If you become dissatisfied with the Site, your only
recourse is to immediately discontinue use of the Site. All
provisions of the Terms regarding representations, warranties,
indemnification, disclaimers, and limitations of liability shall
survive the termination of the Terms.
If you have any questions or comments about these Terms of Use,
please call us at 1-480-836-4500 or contact us via e-mail at info@RedMangoUSA.com.
OUR COMMITMENT TO PRIVACY
It is the policy of Red Mango, Inc. to respect your privacy. To
better protect your privacy we provide this notice explaining our
online information practices at www.RedMangoUSA.com (the "Site")
and the choices you can make about the way your information is
collected and used. This notice applies only to information
collected or submitted on the Site. By using the Site, you agree to
the collection and use of your information as described herein. We
reserve the right to change these terms and will post any changes
on this page so that you are always aware of what information we
collect and how we use it. We encourage you to check this page
regularly. Your continued use of the Site following any changes
will constitute your acceptance of such changes.
THE INFORMATION WE COLLECT
There are several types of information we collect on the Site.
On some pages on the Site, you can voluntarily provide personally
identifiable information such as your name, postal address, e-mail
address and phone number when you contact us with an inquiry,
request, or suggestion, provide feedback on our products,
participate in a marketing program, or register to receive
promotional materials. If you are interested in applying for a job
at Red Mango, Inc., we may collect your resume. Holders of any Red
Mango loyalty and gift card may voluntarily register their cards on
the Site. When you purchase, register or reload your Red Mango
loyalty and gift card, we collect the personally identifiable
information listed above, financial information (credit card
numbers, credit card expiration dates, billing address, etc.), and
user profile and preferences information. We do not knowingly
collect personally identifiable information from visitors to the
Site who are under thirteen years of age.
THE WAY WE USE INFORMATION
Except as disclosed in this notice, we do not sell or disclose
your personally identifiable information to third parties without
providing you an opportunity to opt out or otherwise prohibit such
use. We may access, use or disclose your personally identifiable
information to operate, maintain, service or improve the Site;
provide targeted e-mails, text messages, surveys, or promotional
offers to you; analyze the Site to make it more effective; or for
other general internal business purposes. If you opt in, we may
send you promotions, special offers and alerts to you via text
message. You may opt out to stop receiving these text messages at
anytime.
In connection with any Red Mango loyalty and gift card, we will
use the information collected to create an easy-to-use and
convenient way to process your transactions and provide you
information about your Red Mango loyalty and gift card balances.
Financial information is not used for any other purpose than
billing.
We may use third party contractors to help us operate our
business and the Site or administer activities on our behalf, such
as authorize credit card transactions. We may share your personally
identifiable information with these contractors for those limited
purposes.
We may use non-identifying and aggregate information about the
Site and its users for internal purposes and we may share it with
third parties to illustrate trends and user demographics.
If Red Mango, Inc. is sold to or merges with another company,
some or all of the information collected from you may be
transferred to a third party as a result of the transfer of assets.
We may also disclose your information when we determine it is
necessary to comply with applicable laws or protect the interests
or safety of Red Mango or other visitors to the Site.
LINKS
The Site may contain links to other sites, including among
others those of advertisers and other third parties and companies
whose trademarks appear on the Site. We are not responsible for the
information collection practices or the content of the sites to
which we link.
SECURITY
In connection with any Red Mango gift card, your personally
identifiable and financial information are encrypted using SSL
(Secure Socket Layer) encryption technology before being sent over
the Internet. This is industry standard technology designed to
protect the security of your information. To help prevent
unauthorized access to your data, maintain data accuracy, and
ensure the correct use of information, we have also established
physical, electronic, and managerial procedures designed to
safeguard and secure the information we collect online.
CONTACT US
If you have any questions or concerns regarding this privacy
policy or our use of your information, please call us at
1-480-836-4500 or contact us via e-mail at info@RedMangoUSA.com, or write to us at Red
Mango, 2811 McKinney Ave., Ste. 18, Dallas, TX 75204.
For privacy or security questions regarding any Red Mango gift
card, please call us at 1-480-836-4500 or contact us via e-mail at
ClubMango@RedMangoUSA.com or write to us at Red
Mango, 2811 McKinney Ave., Ste. 18, Dallas, TX 75204.