Agreement between user and amumba.com
Welcome to amumba.com. The amumba.com website (the "Site") is comprised of various web
pages operated by Amumba, LLC ("Amumba"). amumba.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of amumba.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
Amumba.com is a Social Networking Site
Amumba is a social mentoring platform that rewards students for doing the basic things they need
to do to excel academically. Submitting homework on time, doing extra credit assignments,
organizing a backpack, and reading a book for class are all activities that students can get
rewarded for. Even volunteering and completing chores at home can earn students rewards that
will motivate them to perform well in school.
Privacy
Your use of amumba.com is subject to Amumba's Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting amumba.com or sending emails to Amumba constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Amumba is not responsible for
third party access to your account that results from theft or misappropriation of your account.
Amumba and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Amumba collects personally identifiable information from children under the age of thirteen.
Amumba collects this information for the following reason(s):
It's a social mentoring website. Each student build a network of approvers and mentors who
approve and reward their accomplishments respectively. Students can trade their reward shillings
in the Amumba marketplace for redeemable vouchers, gift cards and other real world items.
Students get challenges from their mentors and parents and also get rewarded if they meet those
challenges.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this
website. If you are a parent and you have questions regarding our data collection practices, please
contact us using the information provided at the end of this Agreement. If you are under 18, you
may use amumba.com only with permission of a parent or guardian.
Cancellation/Refund Policy
We offer full refund for shillings purchase within 24 hours but the user have to contact us at
info@amumba.com.
Links to third party sites/Third party services
amumba.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under
the control of Amumba and Amumba is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Amumba is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Amumba of the site or any association with its operators.
Certain services made available via amumba.com are delivered by third party sites and
organizations.
By using any product, service or functionality originating from the amumba.com
domain, you hereby acknowledge and consent that Amumba may share such information and data
with any third party with whom Amumba has a contractual relationship to provide the requested
product, service or functionality on behalf of amumba.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non
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exclusive, non
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transferable, revocable license to access and use
amumba.com strictly in accordance with these terms of use. As a condition of your use of the Site,
you warrant to Amumba that you will not use the Site for any purpose that is unlawful or prohibited
by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Amumba or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Amumba content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Amumba and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Amumba or our licensors except as expressly authorized by these
Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e
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mail addresses, without their consent;
violate any applicable laws or regulations.
Amumba has no obligation to monitor the Communication Services. However, Amumba reserves
the right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. Amumba reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Amumba reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Amumba's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Amumba does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Amumba specifically
disclaims any liability with regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are not authorized Amumba
spokespersons, and their views do not necessarily reflect those of Amumba.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials provided to amumba.com or posted on any Amumba web page
Amumba does not claim ownership of the materials you provide to amumba.com (including
feedback and suggestions) or post, upload, input or submit to any Amumba Site or our associated
services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Amumba, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Amumba is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in Amumba's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
International Users
The Service is controlled, operated and administered by Amumba from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Amumba Content accessed
through amumba.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Amumba, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Amumba
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Amumba
in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. AMUMBA, LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AMUMBA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMUMBA, LLC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON
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INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL AMUMBA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
AMUMBA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/access restriction
Amumba reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Texas and you hereby
consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Amumba as a result of this agreement or use of the Site. Amumba's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Amumba's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by Amumba
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Amumba with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Amumba
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
Amumba reserves the right, in its sole discretion, to change the Terms under which amumba.com is
offered. The most current version of the Terms will supersede all previous versions. Amumba
encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Amumba welcomes your questions or comments regarding the Terms:
Amumba, LLC
4200 South Freeway
Fort Worth, Texas 76115
Email Address:
info@amumba.com
Telephone number:
8177171286
Effective as of May 10, 2013