Terms of Service

Introduction

Mabame.com ("Service") is an internet service owned and operated by Mabame, Inc. ("Mabame", "we, "us", "our"). Mabame provides the Service to you subject to the following Terms of Service ("TOS").

Before accessing, browsing, or using the Service, please read the entire TOS carefully. By accessing, browsing, or using the Service, you accept and agree to be bound by the TOS. If you do not accept and agree to the TOS, you must not access, browse, or use the Service at all.

Mabame reserves the right to change the TOS at our sole discretion from time to time with or without notice to you. The most current version of the TOS will supersede all previous versions. Any new features added to the Service shall be subject to the TOS. Continued access, browsing, or use of the Service after any such changes shall constitute your consent to such changes and you accept and agree to be bound by the changes.

You can review the most current version of the TOS any time at http://mabame.com/home.php?page=terms

Eligibility

To use the Service, you must be a person of legal age to form a binding contract and are not a person barred from the Service under any applicable local, state, national, or international law.

Security

You will not share any of your account information such as your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

Privacy

Any usage of the Service, any data including but not limited to text, photo, video, audio ("Content") submitted to the Service is subject to our Privacy Policy and the TOS of which are incorporated herein.

Please review our Privacy Policy at http://mabame.com/home.php?page=privacy

Free Site

We encourage the use of the Service through a free site. If you do not log in to your free site for a period of 6 months, it will automatically be canceled and all your Content deleted without notice. We are not responsible for the return of your Content or establishing access to your Content by any means after cancellation.

Premium Subscription

You may choose to upgrade your site by subscribing to the premium level of the Service. As a premium subscriber to the Service, you agree that we are permitted to charge a subscription fee every three months through the third party payment service, PayPal. Your premium subscription will be automatically renewed every three months as the recurring payment is received until you cancel your subscription. All fees and charges are nonrefundable.

See the PayPal User Agreement for more details.

You can find specific information regarding your subscription at anytime by logging into your site and going to Admin > Subscription.

We may change the fees and charges in effect, or add new fees and charges at our sole discretion from time to time, but we will give you advance notice of these changes by email.

Premium Subscription Cancellation

You may cancel your premium subscription to the Service at anytime. To cancel, log into your site, go to Admin > Subscription, and click Unsubscribe.

All fees and charges are nonrefundable. We do not provide refunds or credits for any partial subscription periods.

After cancellation and at the end of your final subscription period, your site will revert to a free site.

Content

You are solely responsible for all the Content you post, upload, transmit, or otherwise make available to the Service.

You must not post, upload, transmit, or otherwise make available to the Service any Content that:
  •   is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, obscene, libelous, pornographic, indecent, lewd, sexually suggestive, invasive of privacy rights, hateful, or racially, ethnically or otherwise objectionable;
  •   would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
  •   would harm minors or anyone in any way;
  •   you do not have legal right to under any law, under contractual or fiduciary relationships, due to infringement of any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
  •   impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  •   contains unsolicited promotions, political campaigning, advertising or solicitations;
  •   contains software viruses or any other computer code, files, data or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  •   contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  •   in the sole judgment of Mabame, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Mabame or our users to any harm or liability of any nature;

You agree that Mabame reserves the right, has absolute discretion but have no obligation to pre-screen, refuse or remove any Content at any time without notice that violates the TOS or is otherwise objectionable. Although we prohibit certain activities in the TOS, Mabame does not control and takes no responsibility or liability for any Content or for any loss or damage thereto, or for the nature of the Content you may encounter.

You are solely responsible for creating backup copies of and replacing any Content you post, upload, transmit or otherwise make available to the Service at your sole cost and expense. You retain the copyright in any Content you post, upload, transmit, or otherwise make available to the Service. Mabame neither has nor wants any ownership of your Content.

Conduct

You are solely responsible for all activity that occurs under your account.

You must not:
  •   use the Service for any illegal or unauthorized purpose;
  •   intentionally or unintentionally violate any applicable local, state, national, or international law;
  •   use a false e-mail address or otherwise mislead us or anyone in any way;
  •   modify, adapt, hack, interfere, or disrupt the Service;
  •   reproduce, duplicate, copy, sell, resell or exploit any portion of the Service;
  •   use the Service to generate or distribute unsolicited email ;
  •   impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

Termination

We reserve the right to terminate or restrict your use of the Service, at any time, with or without notice. Cause for such termination or restriction may include but not limited to violations of the TOS, requests by law enforcement or other government agencies, engagement by you in fraudulent or illegal activities, unexpected technical or security issues or problems, or nonpayment of the subscription fee. Further, you agree that all terminations and restrictions shall be made in our sole discretion and that we shall not be liable to you or any third party for such termination or restriction. Termination or restriction of your account may include but not limited to barring your further use of your account, deletion of your account, and/or deletion of all your Content.

Modification

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mabame shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof).

Limitations on Liability

You expressly understand and agree that Mabame shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnification

You agree to indemnify and hold Mabame and our shareholders, directors, officers, employees, agents, affiliates, partners, licensors, or third party providers harmless from any claim or demand, against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the TOS, any Content you post, upload, transmit, or otherwise make available to the Service, your connection to the Service, your violation of any rights of another, or any activity related to your account by you or any other person accessing the Service using your account.

Disclaimers of Warranties

You understand and accept that:
  •   the use of the Service is at your own risk;
  •   the Service is provided on an AS IS and AS AVAILABLE basis;
  •   Mabame does not warrant that the Service is always available;
  •   Mabame does not warrant that the Service is free of bugs or other defects;
  •   Mabame does not warrant that the Service is 100% secure;

Enforcement

The failure of Mabame to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mabame and govern your use of the Service.

Comments or Concerns

We welcome your feedback. If you have any comments or concerns, or would like to contact us for any reason, please email us at support@mabame.com