ACCEPTANCE OF TERMS
These terms and conditions outline the rules and regulations for the use of Mafooly’s Website and application on both iOS and Android. Do not subscribe, register with us, or make use of any of the services we offer if you are not in agreement with these terms. By accessing this website or application, we assume you accept these terms and conditions in full. We assume that you are an adult and have understood our stipulations. In addition, we also assume that you will bear full responsibility for any minor (babies, toddlers, children, and teens) using our services. And, that you have given themthe authority to use our services in our website and applications all in accordance with our terms.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements. The terms:
“Client”, “You” and “Your” refers to you, the person accessing this website, and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products.
The use of our apps are governed under the prevailing laws in the location of the user or the location wherein the user of our website or apps are found. Any legal liabilities incurred in the usage of our apps under the laws of such state will not be the responsibility of Mafooly and its affiliates.
Unless otherwise stated, Mafooly, and its affiliates under Gamma Web, own the intellectual property rights for all materials on Mafooly. All intellectual property rights are reserved. You may view and/or print pages from http://Mafooly.net for your own personal use subject to restrictions set in these terms and conditions.
You must not:
1. Republish material from http://Mafooly.net
2. Sell, rent or sub-license material from http://Mafooly.net
3. Reproduce, duplicate or copy material from http://Mafooly.net
4. Redistribution and External Linking
Mafooly and its affiliates must authorize the redistribution of content from Mafooly (unless the content is intended for redistribution). Any material redistributed must also be appropriately used under the stipulations mentioned here in the Terms and Conditions as well as the usage rights of our redistributed materials.
Any content copied, shared, pictured via screenshot, and published on any form of publicly viewable content shall be attributed to Mafooly with our permission. Unauthorized redistribution of our materials will be subject to evaluation to see if the content is used appropriately and legally. We conduct periodic web screening of site using our content without permission and thus reach out to either have the content removed or attributed and backlinked to our website.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Mafooly does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Mafooly or its affiliates. Comments reflect the view and opinion of the person who posts such view or opinion.
To the extent permitted by applicable laws Mafooly shall not be responsible or liable for the Comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Mafooly reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Mafooly a non exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Web site without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the Web sites of other listed businesses;
5. And, Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website. These organizations may link to our home page, to publications or to other Website information so long as the link:
• is not in any way misleading;
• does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
• fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations commonly-known consumer and/or business information sources such as:
• Chambers of Commerce,
• AARP and Consumers Union;
• dot.com community sites;
• associations or other groups representing charities, including charity giving sites, online directory distributors;
• internet portals;
• accounting, law and consulting firms whose primary clients are businesses;
• and educational institutions and trade associations
We will approve link requests from these organizations if we determine that:
1. the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or othe organizations representing inherently suspect types of business, such as work-at home opportunities, shall not be allowed to link);
2. the organization does not have an unsatisfactory record with us;
3. the benefit to us from the visibility associated with the hyperlink outweighs the absence of Mafooly;
4. and where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
1. is not in any way misleading;
2. does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services;
3. And, fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to firstname.lastname@example.org
Please include your name, your organization name, contact information (such as a phone number and/or email address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Mafooly’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: are subject to the preceding paragraph; and govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
INCIDENTAL PURCHASE LIABILITIES
In cases of accidental subscriptions due to the following:
1. purchase through accidental one-tap payment methods
2. usage of someone else’s payment credentials
3. accidental purchases made by minors (i.e. you child making a purchase without your consent)
4. and, any similar incidences leading to an accidental purchase of any of our in-apppurchases
You agree to pay all applicable fees related to your use of the Services (e.g., Subscription fee). For existing subscribers, we reserve the right to change your fee at any time in our sole discretion at the end of each subscription period, provided that we first notify you by email.
If you sign up for a trial subscription, your right to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms.
All fees are based on Services purchased, regardless of actual usage. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
You must either use a credit card or other payment method accepted by us (e.g., Stripe, Apple’s iTunes App Store, Google Play) (“Payment Method”) to activate and maintain your paid Account.
By providing a payment method, you expressly authorize us to charge the applicable fees through the payment method that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services.
If your payment is late, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider.
If your offered payment method cannot be processed or is declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the applicable fees in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional forty five days.
You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
SUBSCRIPTION: RENEWAL, CANCELLATION AND TERMINATION
By activating an Account, you agree that we will charge your credit card (or the other payment method initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price. Your subscription will automatically renew at the end of the subscription term for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described below. Once you submit a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our users, no exceptions will be made.
Unless you purchased your subscription through Apple’s iTunes App Store or Google Play, to cancel your subscription and avoid further charges, you may cancel your Account prior to its renewal date through the My Account area in the Parents Account section.
If your subscription was purchased through Apple’s iTunes App Store or Google Play, please follow the cancellation instructions provided in the iTunes App Store or Google Play.
We reserve the right to discontinue the Services, suspend or terminate your access to it, including any Accounts, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not effect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.
LIMITED LICENSE TO USE OUR SERVICES
Subject to these Terms, we grant you a limited, non-exclusive, revocable, non assignable and non-transferable license (“License”) to access, display, view, use and play the
Content on a personal computer, mobile phone or other wireless device or other Internet-enabled device (each, an “Internet Device”) for your personal, non commercial use only (e.g., Teachers may use Content from the Services for educating their students). Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services;
2. rent, lease or sublicense access to any of our Services;
3. circumvent or disable any security or technological features or measures of our
4. use the Services in a manner that overburdens, or threatens the integrity, performance or availability of our Services.
Any rights not expressly granted herein are reserved by us.
Content Submissions and Restrictions We may allow you to submit feedback, information, data, text, images, messages, or other materials (“User-Generated Content”) on or through the Services. You agree that you are solely responsible for all of your User-Generated Content,
You acknowledge and agree that User-Generated Content you submit DOES NOT or IS NOT:
1. do harm to us and/or the Services, violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so;
2. infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
3. violate any law; reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
4. incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own).
The Company reserves the right in its sole discretion to delete without notice any User-Generated Content, which it, in its sole discretion, deems a breach these Terms. Company disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit. It is your responsibility to ensure that our users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, we will 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 (even if we have been advised of the possibility of these damages), resulting from your use of our Services. Under no circumstances will the total liability of us of all kinds arising out of or related to your use of the Services (including but not limited to warranty
claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the Services.
To the maximum extent allowed by law, you agree to indemnify, defend and hold harmless the Company Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Services and any breach by you of these Terms and Conditions. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any child you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.
By using any of our Services, you consent to receiving electronic communications from us. When you communicate with us electronically, we will do our best to respond promptly, but it may take us some time.
These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law.
Updates to Terms
We reserve the right at our discretion, to change, modify, add, or remove portions of the Terms at any time. Your continued us of the Services after the posting of changes constitutes your binding acceptance of such changes.