Agreement Between User and Mambo, LLC
The Website located at http://dothemambo.com (“Mambo”) is an ecommerce website where the following products and services are sold: Mambo is a social engagement platform for closed network communities that facilitates face-to-face interactions and increases diversity of activities. The main goals are to strengthen community through enhanced relationships, and empower users by providing their collective voice to management.
Visiting our Websites or sending emails to Mambo 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 Websites, satisfy any legal requirement that such communications be in writing.
If you use the Websites, 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 Mambo is not responsible for third party access to your account that results in theft or misappropriation of your account. Mambo and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Mambo does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under eighteen, you may use the Websites with permission of a parent or guardian. By accessing the Websites or using our services you acknowledge and agree that you are legally competent (of majority, etc.) to enter into this Agreement and/or that you are of the proper legal status (legal guardian, power of attorney, etc.) to enter into this Agreement on another party’s behalf.
Mambo charges a monthly fee of $1/ user/month (login once during the month = usage) plus a one-time onboarding fee of $2500 for up to 10k users, or $5000 for over 10k users. Nonprofits receive a 50% discount. Technical support will be calculated to address the community’s needs. System upgrades are free of charge. Optional value-added upgrades such as customization involve a separate charge. Invoices will be sent on the 5th of the month and payments due
by the 15th. Late payments will be subject to a 5% penalty fee.
You may cancel your subscription to Mambo if you are not satisfied within the first ninety (90) days of use. To do so please send an email to Info@dothemambo.com with the following subject line: Cancel Account. We will respond within three (3) days of any cancellation request to confirm receipt. Once your cancellation has been processed, you will not be billed again. If you have any problems cancelling your subscription, please contact Mambo, LLC at Info@dothemambo.com.
To Opt-Out/Unsubscribe from any of our marketing emails please contact Info@dothemambo.com.
Links to Third Party Sites and Third Party Services
The Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mambo and Mambo is not responsible for the content of any Linked Websites, including without limitation any link contained in Linked Sites, or any changes or updates to a Linked Sites. Mambo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mambo of the Websites or any association with its operators.
Certain services made available via the Websites are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://dothemambo.com, you hereby acknowledge and consent that Mambo may share such information and data with any third party with whom Mambo has a contractual relationship to provide the requested product, service or functionality on behalf of the Websites’ users and customers.
These Terms and Conditions are a legal agreement between you and Mambo, LLC for use of the Websites identified above, which include computer software and may include associated media, printed materials, and “online” or electronic documentation (“Software Product”).
By installing, copying, or otherwise using the Software Product, you agree to be bounded by the Terms of this agreement. If you do not agree to the Terms of this agreement, do not install or use the Software Product.
Software Product License
The Mambo Platform is being distributed as a website or app for personal, commercial, non-profit, and educational purposes. It may be included with download distributions. You are NOT allowed to charge for distributing this Software Product (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, nor to use it for supporting your business or customers. It may be distributed freely on any website or through any other distribution mechanism, as long as no part of it is changed in any way.
Grant of License
This Agreement grants you the following rights:
- Installation and Use. You may install and use an unlimited number of copies of the Software Product.
- Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the Software Product, provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this Agreement. Copies of the Software Product may be distributed as a standalone product or included with your own product as long as The Software Product is not sold or included in a product or package that intends to receive benefits through the inclusion of the Software Product. The Software Product may be included in any free or non-profit packages or products.
- Description of Rights and Limitations. Limitations on Reverse Engineering, decompilation, Disassembly and change (add, delete or modify) the resources in the compiled the assembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Standard Updates and Maintenance. Updates are included free of additional charge.
- Premium Updates and Maintenance. Premium Updates may include custom work, software modification, and additional value added service. Subject to the prior written agreement between you and the Company, additional fees and charges may be incurred for Premium Updates.
- Separation of Components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.
- Software Transfer. You may permanently transfer all of your rights under this agreement, provided the recipient agrees to the Terms of this agreement.
- White Label. You may white label the Mambo platform only with the prior express written consent of Mambo, LLC. White labeling the Mambo platform is subject to an additional fee.
- Termination. Without prejudice to any other rights, Mambo, LLC may terminate this agreement if you fail to comply with the Terms of this agreement. In such event, you must destroy all copies of the Software Product and all of its component parts.
Credit Card Billing
You may pay by credit card, debit card, or prepaid card Visa gift card. For recurring payments, the gift card issuer may not permit you to use gift cards. Your card will be charged on the day you select the billing package offer above and on the day of each renewal of your plan, or according to the payment terms in any offer you accepted. Various credit card processors may be used.
Google Terms and Conditions
These Terms supplement and incorporate the Google Play Terms of Service (“Google”) Terms and Conditions (located at https://play.google.com/intl/en-GB_ca/about/play-terms.html) including, without limitation and the Google Terms of Service provided therein (“Google Terms”). If any of the provisions of the Google Terms and Conditions conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Websites.
Apple Terms and Conditions
These Terms supplement and incorporate the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”). If any of the provisions of the Apple Terms and Conditions conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Websites.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites strictly in accordance with these Terms. As a condition of your use of the Websites, you warrant to Mambo that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
All content included as part of the Websites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Websites, is the property of Mambo, LLC or its partners 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 Websites. Mambo content is not for resale. Your use of the Websites 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 Mambo 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 Mambo or our licensors except as expressly authorized by these Terms.
Prohibition on Religious or Political Use
You agree that you are not permitted to use the Websites for or with the intention of furthering any religious or political ideology and that your account may be terminated without notice if, in Mambo’s sole discretion, you are found to be in violation of this prohibition.
Third Party Accounts
You will be able to connect your Mambo account to third party accounts. By connecting your Mambo account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Mambo 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 Mambo Content accessed via http://www.dothemambo.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Special Terms For International Use.
US Export Laws.
The Services are subject to United States export controls and economic sanctions laws. In accepting these Terms of Service you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including without limitation, Cuba, Iran, North Korea, Sudan or Syria; and, (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that appears on the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (iv) that appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) that appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following EU Consumer Amendments apply to you:
3419 Westminster, PMB 288
Dallas, Texas 75205 United States
If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following changes to the Terms of Service apply to you:
Disclaimer of Warranties of the Terms of Service is deleted and replaced with the following:
- Mambo uses commercially reasonable efforts to provide the Services without interruptions and such that transmissions are error-free. However, by nature of the Internet, this cannot always be achieved. In addition, Mambo may take some or all of the Services down for planned repair or maintenance from time to time. Mambo will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
- Mambo does not assume any warranty for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Mambo has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organizers’ and Organizers’) content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Mambo is not affiliated with, and has no agency or employment relationship with, any third party service provider used by Users in conjunction with the Services, and Mambo has no responsibility for the acts or omissions of any such third parties. However, Mambo wants its customers to report any misconduct in connection with the Services by contacting us.
Limitation Of Liability of the Terms of Service does not apply to (a) any damages caused by any personal injury or death caused by Mambo’s negligence, and (b) any damages caused by Mambo’s gross negligence or intentional misconduct, in each case, for which Mambo’s liability shall be unlimited. In addition, for failing to discharge obligations the nature of which is essential to the performance of the Services and the purposes of the Terms of Service, Mambo’s liability shall be subject to these Terms of Service, but the limits shall be amended to include typical and foreseeable damages arising from such failures. The provisions of the German Product Liability Act remain unaffected.
Choice of Law is amended such that the law of the EU country in which you reside applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Judicial Forum is deleted.
The following Withdrawal Rights are added to these Terms and Conditions:
(a) Legal Cancellation Rights for Services Performed By Mambo. The following applies only to Organizers that are consumers (i.e., individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the Services):
You may have a legal right to withdraw your agreement without giving any reason within a 14 day withdrawal period. In the case of a contract for services this withdrawal period expires 14 days from the day the contract was concluded. For goods, the withdrawal period expires 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the goods (or of the last good in case of multiple goods; or of the last lot or piece in case of goods consisting of multiple lots or pieces; or on the first good in case of the regular delivery of goods). By creating an event and commencing the sale of tickets or registrations, you consent to and expressly request that the performance of the Services begins before the 14 day withdrawal period has expired and that you will not benefit from a legal right to withdraw once the related Service (e.g., the sale of a ticket or registration on the Services) has been fully provided.
Information on the Withdrawal Right
Right of withdrawal: you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at:
3419 Westminster, PMB 288
Dallas, Texas 75205 United States
Attn: Legal Department
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, if any, or you have supplied evidence of having sent back the goods, if any, whichever is the earliest.
You shall send back any goods ordered without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
You will not benefit from a legal right to cancel your contract with Mambo if your contract with Mambo is for the provision of services related to leisure activities for a specific date or period.
Attendees’ Legal Withdrawal Rights: Contact the Organizer of Your Event
If you are an Attendee, your contract for tickets and registrations is between you and the Organizer. You must therefore inform the Organizer of the applicable event that you wish to withdraw from your contract.
If you benefit from a legal right to withdraw your purchase of tickets or registrations, you will need to inform the Organizer to exercise it. Please see the information the Organizer has provided to you for further details. However, please note that you will not benefit from a legal right to withdraw your contract if: (i) Your contract with the Organizer is for the provision of services related to leisure activities for a specific date or period (e.g., a ticket for a concert on a specified date); (ii) The Organizer is an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; or, (iii) You are not an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.
Your contract with the Organizer is fully performed by the Organizer within the 14 day withdrawal period. (E.g. if you purchase a ticket for an event taking place in 7 days’ time, you cannot attend that event and then exercise your legal right to withdraw).
You agree to indemnify, defend and hold harmless Mambo, 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 Websites 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. Mambo 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 Mambo in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAMBO, LLC AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME.
MAMBO, LLC AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES 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. MAMBO, 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-INFRINGEMENT.
SSL has been implemented on Mambo, LLC’s SITES. While this encrypts all communication between Mambo and ITS customer, it will not prevent data theft if the customer’s computing device is compromised. The customer agrees not to hold Mambo accountable in THE INSTANCE OF this unfortunate event. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAMBO, LLC AND/OR ITS PARTNERS 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 WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAMBO, LLC OR ANY OF ITS PARTNERS 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 WEBSITES, OR WITH ANY OF THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
Mambo reserves the right, in its sole discretion, to terminate your access to the Websites and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mambo as a result of this agreement or use of the Websites. Mambo’s performance under this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mambo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Mambo 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.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
CLASS ACTION WAIVER
The arbitrator’s authority is governed by this arbitration agreement. You and Mambo agree that the arbitrator may award the same relief that a court of competent jurisdiction could, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Mambo. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under applicable law.
You and Mambo agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at http://www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, Mambo will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees, unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover attorneys’ fees under the law. The arbitration will be held in a mutually agreeable and convenient location.
This Website is controlled by Mambo, LLC from our offices located in the state of Texas and it can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing the Websites, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.
This arbitration agreement survives the termination of this Agreement between you and Mambo.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Mambo with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mambo with respect to the Websites. 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
Mambo reserves the right, in its sole discretion, to change the Terms under which http://www.dothemambo.com/ are offered. The most current version of the Terms will supersede all previous versions. Mambo encourages you to periodically review the Terms to stay informed of our updates.
Mambo welcomes your questions or comments regarding the Terms:
3419 Westminster, PMB 288
Dallas, Texas 75205 United States
Effective as of January 17, 2019