Terms And Conditions

ACKNOWLEDGMENT & ACCEPTANCE

* Unless otherwise indicated Mcanny Services (referred to as the "Service") is provided to you free of charge. In its discretion, Mcanny reserves the right to charge fees for or discontinue any part of the Service at any time.

* By enrolling and/or using and/or visiting the Service, including but not limited to the products, services, content, applications or other features that may be available from time to time in connection with the Service, you agree that you have read and understood this Agreement ("Agreement") and that your membership in the Service shall conform to both its terms and conditions ("Terms of Service") and its privacy policy (“Policy”).

* The Service is operated by CANNY INFOTECH and therefore this Agreement is between the subscriber (“You” or “Member”) and CANNY INFOTECH. Mcanny.com is a website owned by CANNY INFOTECH. Wherever the term "Mcanny" is used in this document it represents the company CANNY INFOTECH and the services provided through Mcanny.com.

* You agree to receive advertisements on your mobile phones with alerts 80 characters and Advertisers append a contextual advertisement to this SMS making up the rest of the 80 characters.Also you agree to receive the 160 characters sms such as discount/offers.

* We are under no obligation to provide you with any particular number of advertisements or any particular amount of money in Direct Earnings.

* Each time you use or access Mcanny you are responsible for being familiar with any changes or modifications to these Terms of Service, which may occur from time to time. In the event we modify these Terms of Service, Mcanny reserves the right, and at its full discretion and without any obligation, to provide you notice of such changes to any e-mail or postal address you have provided to Mcanny.

SERVICE DESCRIPTION

* We offer you participation in an advertising funded service based on permission based marketing and Alert Service. After successful registration, you may receive alerts,advertisements, promotions or similar messages on your mobile phone. Messages will be sent in accordance with your specified profile to ensure a fit with your personal interests. You can invite your friends and family to join the network and they can avail the same service.

OUR SERVICE PRIVACY POLICY

* You are entirely responsible for maintaining the security and confidentiality of your information and password. You agree that you will immediately notify Mcanny should your password or any of your information be compromised and of any such unauthorized use. Any information provided by you or gathered by Mcanny or Third Parties during any use of Mcanny shall be subject to the Mcanny PRIVACY POLICY.

TERMS OF PARTICIPATION

* You MUST be able to understand and accept these Terms of Service and abide by its terms.

* Should you decided to register and become a member, all registration information you MUST provide will be accurate and truthful and you agree to timely maintain this information.

* You MUST provide correct/true information about your profile. Mcanny has the right to verify the information you provide.

If this information changes you must immediately update your profile by logging in to Mcanny.com.

* You MUST read the advertisements sent to you.

* Mcanny will send verification messages called "Verification SMS" ("vSMS" ) from time to time to check if you are reading the advertisements sent to you. You MUST respond to these vSMSs with the appropriate message content which is specified in the verification message. If you don't, Mcanny reserves the right to downgrade your membership by lowering your payouts and eventually terminate your membership.

* Corporations and other business entities are not eligible for the Service.

* You are not allowed to use proxy servers.

* The use of any automatic tool to fill in forms, such as RoboForm, is forbidden.

* ONE member - ONE account - ONE Mobile Phone: More than one person cannot use the same mobile phone for receiving advertisements. One member cannot have more than one mobile phone registered on Mcanny. One member cannot have more than one account on Mcanny. Service membership and its right to use are limited to one individual per Service account and one email address per Member.

* You agree not to abuse Service privileges by conduct which is detrimental to the interests of CANNY INFOTECH, including, without limitation, attempting to earn money in a manner inconsistent with the rules of the Service, having multiple accounts, attempting to earn money from Mcanny through other than legitimate channels etc.

* By filling out the registration form you are applying to receive a service and you are agreeing to receive advertisements on your mobile phone. No employee-employer relationship is created by your use of the Mcanny web site and its services. Mcanny is under no obligation to offer its services to you.

* "Maximum SMS per day" that you select on the Advertisement Preferences page only specifies the maximum number of ads that can be published from Mcanny to you. You understand and agree that it does not guarantee that you will receive only these number of ads from Mcanny in a day. This is due to the fact that the actual delivery depends on your mobile service provider. If there is a delay from the service provider, you might receive more than the maximum number of ads that you specified in a day. SMS messages sent to you by a friend using the Mcanny Free SMS service will not count towards the "Maximum SMS per day".

* The timing of ads that you specify in the "Advertisement Preferences" page [The change has been incorporated.] only specifies the time span during which ads can be published from Mcanny to you. You understand and agree that Mcanny is not liable if these ads do not reach your mobile phone within the time span specified. Mcanny only guarantees that the ads will be published from Mcanny during the specified time span. The actual delivery timing to you will depend on your service provider.

* The categorization of ad interests is subject to change and it is at the sole discretion of Mcanny. The relevance of an advertisement to an ad interest category is at the sole discretion of the advertisers. Mcanny is not responsible or liable for any misrepresentation on the part of the advertisers nor is it liable for illegal, fraudulent or obscene advertisements. However, Mcanny will take utmost care and work diligently to ensure that the advertisements are relevant, timely and legal.

* During sign-up, you will be asked to provide your mobile number. A code will be sent in an SMS to the mobile number that you typed in for verification purposes. Ensure that it is indeed your number. Mcanny is not responsible if the mobile number belongs to someone other than you. You personally will be liable in case the actual owner takes any legal action. You will lose all privileges to access your account and any earnings accrued in such an event.

* No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18. or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses.

MEMBER ACCOUNTS

* Mcanny may refuse to accept your application for membership for any reason.

* You will receive a user name and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your user name and password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. CANNY INFOTECH cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

* You can have only one member as a sponsor (referrer) when registering at Mcanny. This sponsor will be determined by Mcanny based on whose referral mail you responded to or the referral link you clicked on to arrive at the Mcanny.com website or whose referral you came through on any other source including phones, SMS or any other medium that Mcanny may add later.

* The number of your direct referrals is not limited. You may refer as many people as you can to join Mcanny.

MEMBERS CONDUCT

* You agree to only use the Service in a manner that is consistent with the Terms and in such a way as to ensure compliance with all applicable laws and regulations.

* You shall ensure that your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in your address (mail or email) or personal profile by updating your personal information at the Service Web site. Not doing so will result in the account being frozen or nullified.

* You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

* No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate identifiers or forge headers in order to disguise the origin of any content or digital media transmitted through the Service, or (ii) obscure, cover or otherwise conceal any advertisements served by or for Mcanny that may appear on your personal member page or any page on Mcanny via HTML, CSS, Javascript or any other means, or (iii) circumvent, disable or otherwise interfere with any security measures which may limit, restrict or prevent use or copying of any Submissions or enforce limitations on the use of the Service, or (iv) deceptively manipulate content, such as to improve page rank in search engines, include excessive, repetitive, or irrelevant keywords in the content or code of web pages, etc.

* No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity.

* No Unauthorized Linking or Framing. Should you wish to link to Mcanny, you agree that you: (i) will not replicate the Service’s content; (ii) will not frame or border environment around any of the Service’s content; (iii) will not misrepresent any relationship with Mcanny or imply that Mcanny is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about Mcanny on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of Mcanny’s own Content Submissions policy.

CONTENT SUBMISSION

When you provide any submissions to Mcanny, you understand and accept complete responsibility for your submissions, including any and all consequences that may arise. You may not create a user name, post, upload, email or otherwise transmit to Mcanny submissions of any kind that is, within the sole discretion of Mcanny, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:

* infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;

* promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;

* material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;

* offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;

* libelous or defamatory or promotes information that you know is false or illegal; violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;

* obscene, vulgar or contains profanity;

pornographic or sexually explicit or contains nudity;

* exploits or attempts to exploit people in a sexual or violent manner;

* disparaging to Mcanny or any third party;

* an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;

* involves the transmission of any unsolicited mass mailing including but not limited to 'junk mail,' 'chain letters' and 'spam';

* contains restricted or password only access pages;

* selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;

* unlawful or illegal, criminal or tortious in nature (such as child pornography, fraud, gambling);

otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

PAYMENTS

* You will receive commissions for your direct referrals.Current commission rates are always posted on the Mcanny website. Those are the rates that you will receive. If Mcanny for any reason changes payout rates those will be posted on the site and all current members will be informed through email. it will be posted on the site and all current members will be informed through e-mail.

* At the beginning of each month, your account must have a minimum balance of Rs. 25 to redeem the monthly payment from Mcanny. Such payment will be made by Mcanny at its sole discretion when Mcanny carries out its monthly payment process. In case of any change in the procedure , the change will be notified on the “payment” page.

* If the Payment has not been made by Mcanny, the subscriber should make a request in this regard, latest by the end of every month and the requested payment will be processed only if the subscriber has the minimum balance of Rs. 25 in his/her account.

If you opt out for a period of time, your earnings from your referrals will also be stopped for that period of time.

* Current payout options are always posted on the Mcanny website. Two options are currently available to receive payments:

o Money Order: For all requested payments, accounts are thoroughly checked. After the request is accepted, we will send payment through money order based on the information provided by you.The commission will be deducted from your Earnings.

o Cheque: For all requested payments, accounts are thoroughly checked. After the request is accepted, a cheque will be issued and couriered within 45 working days from the date of the payment process. Payments process takes place on the first day of every month. For example, if you request a payment on the July 30th 2008, you would receive a cheque latest by September 15th, 2008.[We understand that it has been clearly mentioned that the minimum balance required in an account, to redeem payment, is Rs. 100.] The cheque will be made out to the name provided in the "Payee Name" field and payment will be subject to applicable taxes. The cheque would be couriered to the address provided in the "Payment Address" fields. Mcanny will not be responsible for the receipt or for the actual payment hereof. The charges incurred by Mcanny in processing the cheque and in delivery will be deducted from the actual payout amount.

o Electronic Funds Transfer: After requesting payment, accounts are thoroughly checked. After the request is accepted, Mcanny will make an electronic funds transfer within 45 working days from the date of the payment process. Payments process takes place on the first day of every month. For example, if you requested a payment on the July 30th 2008, Mcanny would initiate a bank transfer latest by September 15th, 2008. The transfer will be subject to applicable taxes. Mcanny will not be responsible for the receipt or for the actual payment hereof. The charges incurred for processing the account transfer would be deducted from the actual payout amount.

* Should bank details or address details be incorrect, Mcanny shall make best efforts to verify the same. If accurate details of the bank account/address of the subscriber are not made available to You Mint, the amount will be forfeited and the account will be nullified immediately.

* All payments are subject to taxes as applicable under law.

* Mcanny is not responsible for your personal taxes. You are solely responsible for the payment of taxes on monies received from Mcanny. At a later stage it is possible that Mcanny may be asked to deduct taxes further at source. This information will be notified on the Mcanny website and you will be intimated of this on email.

* All payments are subject to taxes as applicable under law.

* We reserve the right to send you messages from time to time for which the payout structure will not be applied and no payment would be made. Such messages may include Service system updates; flash bulletins; order confirmations; administrative announcements; special requests and so on. Such messages may be sent via SMS, email or regular mail.

* We reserve the right to limit the opportunities to earn money through Mcanny available to you while you remain inactive.

* We are under no obligation to provide you with any particular number of advertisements or any particular amount of money in Direct Earnings or Commission Earnings.

* All payments are subject to taxes as applicable under law.

INTELLECTUAL PROPERTY RIGHTS AND VIOLATION

* When you provide submissions to Mcanny, you still retain all of your rights of ownership in your submissions. However, by uploading, posting or otherwise transmitting your submissions, you grant Mcanny (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.

* Provided proper notification, Mcanny will remove submissions that infringe upon the intellectual property rights of another and reserves the right to remove submissions without prior notice. Mcanny assumes no responsibility for monitoring the Service. In the event it chooses to do so at its discretion, Mcanny assumes no responsibility for the submissions or any obligation to remove any inappropriate submissions or any responsibility for the conduct of a member submitting inappropriate submissions. At its sole discretion, Mcanny may remove any submission and/or terminate a member’s account for violating any of these Terms of Service at any time and without notice. Mcanny will terminate a member’s account who is determined to have been notified of infringing activity and/or has had a submission removed from the Service for infringing activity. Mcanny reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

*YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mcanny AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

*Mcanny AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THROUGH THE SERVICE ADVERTISERS OR PARTNERS WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

*ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

*NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mcanny OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

*A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES OR STRAIN ON EYES OR REPITITIVE STRAIN INJURY (RSI) WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE OR WHILE USING A COMPUTER/LAPTOP. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF IT. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE ANY SUCH CONDITIONS, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN.

LIMITATION OF LIABLITY

*CANNY INFOTECH SHALL, IN NO EVENT BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SERVICE.

*CANNY INFOTECH SHALL NOT BE RESPONSIBLE FOR DAMAGES OR LOSSES THAT RESULT FROM PARTICIPATING OR INABILITY TO PARTICIPATE IN THE SERVICE, OR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE.

*YOU ACKNOWLEDGE AND AGREE THAT CANNY INFOTECH NEITHER ENDORSES THE CONTENTS OF ADVERTISEMENTS OR THIRD PARTIES' WEB SITES, NOR ASSUMES RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THERE FROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.

*TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER Mcanny NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Mcanny DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACT OF OTHER MEMBERS, OR USERS INCLUDING UNAUTHORIZED USERS, OR HACKERS OF THE SERVICE.

PARTICIPATION IN PROMOTION OF ADVERTISERS AND PARTNERS

* Your correspondence with or participation in promotions of Service advertisers and partners, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or partner.

* We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

You understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to us for the crediting of such Points. We will not be responsible or liable for the delay or failure to credit Points in such event.

NON-TRANSFERABILITY

*You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else.

*Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law.

PROPRIETARY RIGHTS TO CONTENT

* You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by Mcanny or Mcannys' advertisers or partners), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by Mcanny, its advertisers and partners, as the case may be.

* Except as expressly authorized by Mcanny or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

MODIFICATIONS

* Mcanny reserves the right to change this Terms and Conditions document. It is also your responsibility to check this document periodically for any changes or modifications and you must not rely on e-mails as a sole source of information regarding this agreement or your membership. Your continued use of Mcanny constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to it and your agreement to abide and be bound by the Terms and Conditions document in its modified form.

* We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service

NOTICES

* All notices given by us to you will be given by SMS and/or email and/or postal mail and/or by general posting on the Web site.

INDEMNIFICATION

* You agree to indemnify and hold us, our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, content you submit, post to or transmit through the Service or your violation of any rights of another.

MISCELLANEOUS

* This agreement takes precedence over any Do-Not-Call or Do-Not-Disturb list you might enroll yourself in. If you want Mcanny to stop sending advertisements to you, you must select the opt-out option provided in the site or cancel your Mcanny membership account. Enrolling yourself in any Do-Not-Call or Do-Not-Disturb list of any institution or company has no impact or influence whatsoever on the advertisements you receive from Mcanny.

* TERMS AND CONDITIONS and the relationship between you and Mcanny shall be governed by the laws of India without regard to its conflict of law provisions. You and Mcanny agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi.

* This Agreement constitutes a complete and exclusive understanding between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation

* Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

If any part of these Terms is unenforceable (including any provision by which Mcanny excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected.