Manna Fortunes

The Lottery Reimagined

Lottery Reimagined

Terms and Conditions and Privacy Policy

Last Updated: 07/25/2024

Manna Fortunes LLC is the owner and operator of www.mannafortunes.com and any affiliated websites, and related mobile applications (“Manna Fortunes, us, our, ours, etc.”). Manna Fortunes provides promotional opportunities to retail establishments (“Retailer(s)”) that display QR codes (“Codes”) which registered users (“Players”) may scan to enter free drawings (“Drawings”) using our mobile application (“App”) for a chance to win prizes (“Prizes”). These Terms and Conditions are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Manna Fortunes (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Manna Fortunes (“Materials”).

By accessing Manna Fortunes or using the Services, you accept and agree to our website policies, including these Terms and Conditions, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms and Conditions, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness, and (e) you are not a resident of New York, North Carolina, Utah, Minnesota, or Michigan.. 

We reserve the right to revise these Terms and Conditions at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms and Conditions, we will change the “Last Updated” date at the top of these Terms and Conditions. You agree to re-visit these Terms and Conditions on a frequent basis and to review any changes. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms and Conditions, then you may presume that nothing in these Terms and Conditions has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms and Conditions in their entirety. You must agree to any updated Terms and Conditions or immediately cease use of Manna Fortunes. If you fail to review these Terms and Conditions as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

 
We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer free Drawings to win Prizes which fall outside the prohibitions imposed by state and federal gambling laws. You agree not to use the Services if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using the Services. Nothing on Manna Fortunes shall be construed as legal advice on any activity relating to gambling. You assume all risk and responsibility for your use of the Services. You understand and agree that the Services are for entertainment and promotional purposes only. We make no guarantee that the Services are legal in your jurisdiction.

1. Accounts


  1.  Registration


To enter the Drawings as a Player, you must download the App, register for an account on Manna Fortunes, provide all required information, meet the requirements set forth herein, and otherwise abide by these Terms and Conditions. You must not register more than one account. To withdraw a Prize as a Player, you must provide valid and current payout information. To receive marketing services as a Retailer, you must execute a separate Retailer Agreement which will be provided upon request. Retailers cannot register an account as a Player on Manna
Fortunes. If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user.

Employees, agents, successors, and assignees of Manna Fortunes, its advertising agencies and promotional companies involved in this Promotion, as well as family and household members of same, shall be ineligible to participate in the Drawings and shall be ineligible for any prizes.

  1. No Account Sharing


You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.


  1.  Termination by You

You may delete your account by sending an email to request delete to [email protected] . You will not assign, transfer, sell, or share your membership to Manna Fortunes. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.

  1. Termination by Us


We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We are not responsible for preserving terminated account information which may be permanently deleted at our discretion. In the event your account is terminated, whether by you or by us, you will forfeit all right to any unclaimed Prizes.

2. Grant of Rights

You understand that all we are offering you is access to Manna Fortunes and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Manna Fortunes or use the Services. All users may access certain public areas of Manna Fortunes and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on public areas of Manna Fortunes for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use private areas of Manna Fortunes or the Materials therein. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Manna Fortunes and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.


3. Drawings and Prizes

  1. Entering Drawings


To enter a Drawing, you must register an account, scan a Code using our App, and select numbers according to the rules prominently displayed on Manna Fortunes and before the time of the drawing which is prominently displayed on Manna Fortunes. You will only be permitted to scan each Retailer’s Code once per day, and you will not be eligible to enter the Drawing using the same Code more than once per day. You may only scan the Code while physically located on the property of the Retailer. Any attempt to scan a Code into the App from a different location will be void. The potential Prizes associated with each Drawing will be prominently displayed on Manna Fortunes. We will randomly draw winning numbers at the time of the drawing and award Prizes to any Player whose selected numbers match the winning numbers, according to the rules of the Drawing. We reserve the right to change the rules, Prizes, and time of drawing at any time, for any reason, without notice to you, in our sole discretion. Any previous rules, Prizes, and times of drawings are void once removed or changed.


 Obtaining Prizes


If you win a Prize, we will issue payment to you according to the payout information provided by you. You are responsible for providing accurate payout information, a copy of your government issued identification card containing a photo of the winner, and you will be solely responsible for all costs associated with retrieving your Prize(s), including any processing fees associated with your selected payout method. You must own or control the account, address, or other payout location, and you agree to provide us with information as we may request to confirm your ownership or control. We may set off any liability, damages, costs, or expenses that we incur due to technical error or arising from or relating to your breach of these Terms and Conditions against any money that we owe to you under these Terms and Conditions.

Names and likenesses of Promotion winner(s) may be used by Manna Fortunes and its designee(s) for promotional purposes without further permission or compensation.

It is the responsibility of the winner to claim the prize within 3 months of drawing. If the winner fails to do so, the winnings will be given away to another individual, charity, or not be rewarded at all, at the total discretion of Manna Fortunes.

  1. Taxes
    You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms and Conditions.
  1. Store Promotions and prizes.

Retailers may have the ability to offer “deals” which are promotions and/or sales which they are offering, and/or prizes which could be won in the App. Users will redeem these prizes by showing the “deal” to the cashier, and the cashier will click “redeemed”, or something similar. Retailers are responsible for the fulfillment of these promotions and/or prizes. The User agrees to not hold Manna Fortunes reliable for compliance and/or fulfillment of said prizes and/or promotions. 

Promotions and/or prizes are valid for one week from when it is received, or until the expiration date listed, whichever comes first. Coupons, prizes, and promotions do not have any cash value, are not transferable, are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by Manna Fortunes or the Retailer.

Users agree to use these promotions and prizes according to terms set by the providing Retailer, as well as  the Manna Fortunes terms.

All deals, coupons, specials, promotions and prizes are subject to availability. The store owners reserve the right to decline any coupon, special, deals, promotion or prizes for any reason including but not limited to suspicion of fraud, mischief, or limited supply. Manna Fortunes as well as store owners and partners reserve the right to invalidate and/or discontinue any of of the above at any time without prior notice. This incudes that if a store is no longer participates in Manna Fortunes Services, all prizes and deals may disappear from Users’ app.

4. Acceptable Use Policy

  1. Prohibited Uses


You agree that you will only use Manna Fortunes, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms and Conditions. You may not use Manna Fortunes, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not: 

  • Use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms and Conditions or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
    o laws prohibiting illegal gambling;
    o intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;
    o laws protecting confidentiality, privacy rights, publicity rights, or data protection.
    ● Use the Services in New York, North Carolina, Utah, Minnesota, or Michigan.
    ● Fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
    ● Link to Manna Fortunes on any third-party website in any way that is illegal, unfair, or
    damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
    ● Impersonate another individual or entity, whether actual or fictitious; falsely claim an
    affiliation with any individual or entity; access the accounts of others without permission; misrepresent the source, identity, or contents of information transmitted via the Services; or perform any other similar fraudulent activity.
    ● Engage in platform manipulation, including utilizing bots or other fraudulent methods,
    including in relation to your participation in the Drawings.
    ● Circumvent, disable, damage, or otherwise interfere with the operations of Manna Fortunes, any user’s enjoyment of Manna Fortunes, or our security-related features or features that prevent, limit, or restrict the use or copying of any materials, or features that enforce limitations on the use of Manna Fortunes or the Materials, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
    ● Reverse engineer, decompile, disassemble, or otherwise discover the source code of Manna Fortunes or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
    ● Access or use any automated process (such as a robot, spider, scraper, or similar) to access Manna Fortunes in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
    ● Modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
    ● Commercially exploit or make available the Services or the Materials therein to third parties including any action or “frame” or “mirror” Manna Fortunes.
    ● Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
    ● Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section. Engaging in any Prohibited Use will be considered a breach of these Terms and Conditions and may result in immediate suspension or termination of the user’s account and access to Manna Fortunes or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of Prizes, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms and Conditions and certain international, foreign, and domestic laws.
  1. Law Enforcement


We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms and Conditions, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Manna Fortunes receiving a subpoena, discovery request, production order, search warrant, or court order that causes Manna Fortunes to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs, or legal fees upon our request.


5. Dispute Resolution and Damages

  1. Governing Law and Venue


These Terms and Conditions and all matters arising out of, or otherwise relating to, these Terms and Conditions shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms and Conditions agree that all actions or proceedings arising in connection with these Terms and Conditions or any services or business interactions between the Parties that may be subject to these Terms and Conditions shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms and Conditions in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms and Conditions whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms and Conditions. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms and Conditions. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

  1. Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

  1. Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms and Conditions, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

  1. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.


6. Disclaimers


  1.  We Disclaim All Warranties


We provide access to Manna Fortunes and use of the Services “as is” and “with all faults.” We make no warranty that Manna Fortunes or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Manna Fortunes or use of the Services will be uninterrupted, timely, secure, error-free, to the greatest extent provided by applicable law. We may change any of the information found on Manna Fortunes at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Manna Fortunes or any transaction entered into through Manna Fortunes. There are no warranties of any kind that extend beyond the face of these Terms and Conditions or that arise because of course of performance, course of dealing, or usage of trade.


  1.  Use at Your Own Risk

You expressly agree that access to Manna Fortunes and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Manna Fortunes or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Manna Fortunes, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Manna Fortunes is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

  1. Third-Party Links

Manna Fortunes may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Manna Fortunes and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms and conditions of those third parties, not by these Terms and Conditions or our other policies. We reserve the right to terminate any link at any time.

  1. Violations of Law

Access to Manna Fortunes and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or sought or intend to provide or seek any services in violation of any law, your ability to access Manna Fortunes and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.


7. Indemnification


You agree to defend, indemnify, and hold harmless Manna Fortunes, its officers, directors,
shareholders, employees, independent contractors, telecommunication providers, and agents,
from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands,
including without limitation legal and accounting fees, for all damages directly, indirectly, or
consequentially resulting or allegedly resulting from your actions, or the actions of another
person under your authority, including without limitation to governmental agencies, use, misuse,
or inability to use Manna Fortunes or the Materials, or any breach of these Terms and Conditions by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

8. Limitation of Liability


You acknowledge that we will not be liable to you for user-generated Materials or the offensive
or illegal conduct of any person. You understand that the risk of harm or damage from this rests
entirely with you, and you expressly release us from any liability arising out of user-generated
Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates,
from any and all allegations, counts, charges, debts, causes of action, and claims relating in any
way to the use of, or activities relating to the use of Manna Fortunes including claims relating to
the following: Illegal gambling, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, any financial loss not due to the fault of Manna Fortunes, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Manna Fortunes, unavailability of Manna Fortunes, its functions and any other technical failure that may result in inaccessibility of Manna Fortunes, or any claim based on vicarious liability for torts committed by individuals met in Retailers or through Manna Fortunes, including fraud, theft or misuse of personal information, stalking, harassment, cyber-bullying, theft, cheating, or perjury. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Manna Fortunes, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.


We expressly disclaim any liability or responsibility to you for any of the following:
● Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
● Personal injury or property damage of any nature resulting from your access to and use of Manna Fortunes.
● Any third party’s unauthorized access to or alterations of your account, transmissions, or data.
● Any interruption or cessation of transmission to or from Manna Fortunes and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Manna Fortunes.
● Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Manna Fortunes by any third party.

  • Any incompatibility between Manna Fortunes and your other services, hardware, or
    software.

9. Intellectual Property

  1. Trademarks

Manna Fortunes is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Manna Fortunes may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Manna Fortunes. We disclaim any association or affiliation with brand names or trademarks owned by Retailers.

  1. Copyrights

The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Manna Fortunes, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms and Conditions violates our intellectual property rights.

10. Additional Terms for Mobile Users

  1. Apple Users


If you download our Apple mobile application (“Apple App”), the following apply to you:
● Both parties acknowledge that these Terms and Conditions are between you and us only, and not with Apple, and we, not Apple, are solely responsible for Manna Fortunes, the award of any Prizes, and the Services.
● We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by the Apple’s Terms and Conditions, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
● We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms and Conditions or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
● We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
● Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms and Conditions do not limit our liability to you beyond what is permitted by applicable law.
● Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and/or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
● You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
● You may send questions, complaints, and claims related to the App to:
Manna Card LLC
362 Ocean Ave
Lakewood, NJ 08701
[email protected]
● You must comply with applicable third-party terms of agreement when using the Apple App.
●  Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.


  1.  Google Users

If you access the Services through the Google Play Store, you agree to the following additional terms of use required by Google: https://play.google.com/intl/en_us/about/play-terms.html .

11. General

  1. Entire Agreement


These Terms and Conditions, and any other legal notice or agreement published by us on Manna Fortunes, form the entire agreement between you and us concerning your use of Manna Fortunes. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Manna Fortunes. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms and Conditions shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to offer the Services to you. You agree to abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.


  1.  Assignment and Delegation

We may assign any rights or delegate any performance under these Terms and Conditions without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

  1. Severability


If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

  1. Cumulative Remedies

All rights and remedies provided in these Terms and Conditions are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

  1. Successors and Assigns

These Terms and Conditions inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms and Conditions.


  1.  Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.


  1.  Notices

Any notice required to be given by us under these Terms and Conditions may be provided by email to a functioning email address of the party to be noticed, by a general posting on Manna Fortunes, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at [email protected] unless otherwise specified in these Terms and Conditions. Manna Fortunes may change the address to which notice is to be sent by updating these Terms and Conditions or by providing written notice to you. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

  1. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic
communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into the Services may be read by the agents and operators of Manna Fortunes, regardless of whether they are the intended recipients of such messages.

  1. Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain information related to the Drawings. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

  1. Consideration

We allow you to access and use Manna Fortunes, the Services, and the Materials in consideration for your acquiescence to all the provisions in these Terms and Conditions. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Manna Fortunes.

  1. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Manna Fortunes. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

  1. English Language


We have written these Terms and Conditions and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms and Conditions as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms and Conditions. In the event that you choose to translate these Terms and Conditions, you do so at your own risk, as only the English language version is binding.

  1. Export Control


You understand and acknowledge that the software elements of the Materials on Manna Fortunes may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

  1. No Agency Relationship


Nothing in these Terms and Conditions shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

  1. Usages


In these Terms and Conditions, unless otherwise stated or the context otherwise requires, the following usages will apply:
● References to a statute will refer to the statute and any successor statute, and to all
regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
● In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
● References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
● “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
● “Including” means “including, but not limited to.”

  1. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.


  1.  Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

  1. Other Jurisdictions/Foreign Law

We make no representation that Manna Fortunes, the Services, or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Manna Fortunes and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms and Conditions shall be interpreted as an admission that Manna Fortunes is subject to the laws of any nation besides the United States.

  1. Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Manna Fortunes. MANNA FORTUNES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Manna Fortunes while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Manna Fortunes cannot be held liable if laws applicable to you restrict or prohibit your participation. Manna Fortunes makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Manna Fortunes, nor shall any person affiliated, or claiming affiliation, with Manna Fortunes have authority to make any such representations or warranties. We reserve the right to restrict access to Manna Fortunes in any jurisdiction.

 

 

Privacy Policy

Introduction

Manna Fortunes LLC is the owner and operator of www.mannafortunes.com and all affiliated websites and related mobile applications (the “Site” or we, us, our, ours, etc.). We respect your privacy and are committed to protecting it through this Privacy Policy (the “Policy”). This Policy describes the types of personal information we may collect from you, the user, (you, your, yours, etc.)  or that you may provide to us when you use the services offered by us on the Site (the “Services”), and our practices for collecting, using, keeping, protecting, and disclosing your personal information.

Please read this Policy carefully to understand our practices regarding your personal information and how we will treat it. If you do not agree with this Policy, your sole choice is to leave the Site. By accessing or using the Site, you agree to this Policy and consent to our collection, use, disclosure, retention, and protection of your information as described in this Policy.

We reserve the right to revise, amend, or modify this Policy at any time and in any manner. We will consider your continued use of the Site after we make changes to this Policy as your acceptance of the changes, so you must periodically revisit this Policy and check the “Last Updated” date above. If changed, this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

  1. How old do you have to be to use the Services?

We prohibit anyone under the age of eighteen (18) from accessing the Site or using the Services. We do not knowingly market to or collect or solicit any information from or about anyone under the age of eighteen (18). If you are under the age of eighteen (18), you must not submit information to us and must immediately leave the Site. If we learn that we have collected information from or about a person under the age of eighteen (18), we will delete that information as quickly as possible. If you believe that we might have such information, please contact us at[email protected]. 

  1. What types of information do we collect about you?

We may collect several types of “personal information” from and about users of the Site, including any information that personally identifies you or that could be reasonably linked to you or your household, including your name; alias; username or other unique personal identifier, password, and; email address; IP address and other Internet network activity information; geolocation data. However, this Policy does not apply to personal information that has been de-identified or that is otherwise publicly available.

  1. How do we collect your personal information?

We collect your personal information directly from you when you provide it to us, such as through:

  • The account registration process;
  • Your profile information;
  • Your search queries;
  • Your responses to any surveys we ask you to complete;
  • Your other communications and interactions with us, whether by contact form, phone, mail, email, text, or other means, including on third-party social media platforms; and
  • Our technologies, including our servers, log files, cookies, pixel tags, and analytics services.

We also collect your personal information automatically from your computer device or mobile phone and through cookies, web beacons, and other tracking technologies.

This Policy does not apply to information collected by us offline or through any other means, or by any third party that is linked to or accessible through the Site.

  1. What happens if you click a link on the Site?

Please be aware that we do not operate, control, or endorse third-party websites that may be linked on the Site, nor are we responsible for the content or privacy practices of third-party websites. We disclaim any responsibility for your personal information on third-party websites, and we do not make any warranties or representations that any third-party website (or even this Site) will function without error or interruption, that defects will be corrected, or that any third-party websites or their servers are free of viruses or other problems that may harm your computer. We encourage you to be aware when you leave the Site and to read the privacy policies of any third-party website that collects your personal information. 

  1. How do we use your personal information?

We may use your personal information:

  • To provide you with access to the Site and use of the Services;
  • To speed up the Services, such as by automatically updating your account information;
  • To recognize you when you return to the Services;
  • To notify you about changes to the Services and our policies;
  • To carry out our obligations and enforce our rights arising from any contracts between you and us, including this Policy and our Terms and Conditions – above; 
  • To monitor and analyze traffic and usage trends related to the Services;
  • To verify the integrity and security of the Services;
  • To improve the Services and provide customer service;
  • To investigate and prevent unauthorized or prohibited uses of the Services;
  • For marketing or advertising purposes; and
  • For any other purpose with your consent.
  1. Do we share your personal information with third parties?

We may share publicly available information and de-identified information with third parties without restriction. However, we may only disclose your personal information to:

  • Our subsidiaries, affiliates, contractors, service providers, and other third parties as necessary to provide the Services to you;
  • Potential buyers or other successors in the event of a merger, joint venture, assignment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets including bankruptcy, liquidation, or similar proceeding;
  • Law enforcement authorities, government agencies, and private litigants, such as in response to lawful criminal, civil, or administrative process or discovery requests, subpoenas, court orders, writs, or reasonable requests of authorities or persons with the reasonable power to obtain such process;
  • Any other party as necessary to identify, contact, or bring legal action against someone who may be violating our policies;
  • Any other party to comply with a legal obligation or to protect our legitimate interests;
  • Any other party as necessary to protect the rights, property, or safety of us, our users, or the general public, including but not limited to disclosures for the purposes of fraud protection and credit risk reduction; and
  • Any other party with your consent.
  1. What choices do you have over your personal information?

We strive to provide you with choices about the personal information you provide directly to us. You can always delete or restrict any personal information that you provided directly to us. We will delete any personal information that you have provided directly to us, if you request to permanently delete your account. However, we may retain your personal information for any use set forth herein. Further, we may refuse to accommodate any change if we believe doing so would violate any law or legal requirement or cause the information to be incorrect.

We also strive to provide you with choices about the personal information that we collect from you automatically. You may refuse to accept cookies by activating the appropriate setting on your browser. To learn how you can manage your other cookies, visitwww.allaboutcookies.org/manage-cookies/. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, we will issue cookies when you access the Site.

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your browser history collected over time and across websites or online services. However, we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.

  1. How long do we retain your personal information?

Except as otherwise permitted or required by applicable law or regulation, we will retain your personal information only for as long as necessary to fulfill any use of your personal information set forth herein. However, we reserve the right to retain publicly available information and de-identified information for any legitimate business purpose without further notice to you or your consent.

  1. Is my personal information secure?

We are committed to data security, and we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. However, you understand and agree that the transmission of your personal information over the Internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used by the Site.

State Privacy Rights

  • Your California Privacy Rights: We do not meet the triggers of California Civil Code §1798.83, because we do not disclose personal information to third parties for direct marketing purposes. We do not meet the triggers of the California Consumer Privacy Act, in part because we do not sell your personal information.
  • Nevada: We do not meet the triggers of Nevada Revised Statute Chapter 603A. While we do not sell your personal information, Nevada residents may submit an opt-out request tooffice[at] mannafortunes[dot]comwhich we will honor if we sell your personal information at a future date. 
  • Virginia: We do not meet the triggers of Virginia’s Consumer Data Protection Act.
  • Colorado: We do not meet the triggers of the Colorado Privacy Act.
  • Connecticut: We do not meet the triggers of the Connecticut Data Privacy Act.
  • Utah: We do not meet the triggers of the Utah Consumer Privacy Act.
  1. No Third-Party Rights

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.