By providing Personal Information to us, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not provide any Personal Information to us. We reserve the right to change this Policy. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.
1. What Types of Information Do We Collect From You?
Personal Information is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided by us (for example, to become an advertiser with us or to provide comments, submit a problem, or request information from us), we may require that you furnish Personal Information. We collect Personal Information from you, such as your name, postal address, telephone number, e-mail address, credit card number or other payment account number, only when you voluntarily provide it to us.
IP Addresses: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.
2. How Do We Use Information Collected From You?
Because Non-Personal Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non-Personal Information, which does not personally identify you, with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.
We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, administering the Site, and tracking your Internet usage, including identifying your geographic location, which may be disclosed to advertisers, search engines and other partners. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
3. How Is Personal Information Disclosed? We may disclose Personal Information:
To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing and other similar services to enable them to provide services. For example, we may use third party analytics services, and they may place cookies on your computer and record data about your Site usage on our behalf.
If you choose to utilize third-party services, to third-party partners for the purpose of providing requested services to you (for example, if you choose to use our search engine marketing services, your keywords, and other search engine placement criteria, which may include Personal Information, may be provided to the applicable search engines). We are not responsible for the use and disclosure of your Personal Information by any such third party.
To an affiliate or other third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
As we believe to be appropriate: (a) under applicable law including laws outside your country of residence; (b) to comply with legal process (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
4. Other Important Notices Regarding Our Privacy Practices.
Third Party Advertisers: We may use third-party advertising companies to serve ads serve ads on the Site and/or on the sites on which we advertise. Please note that these companies may use information (not including Personal Information) about your visit to the applicable site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements, these companies may place or recognize a unique cookie on your browser. In addition, we may use web beacons provided by third-party advertising companies to help manage our online advertising. These web beacons enable us to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our Site. To learn more about our third-party advertising companies, cookies, and how to “opt-out,” please go to http://www.networkadvertising.org/consumer/opt_out.asp.
Security: We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
Changing or Suppressing Personal Information: If you would like to change, suppress or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us by sending an email containing your request to Info@mambomedia.com. For your protection, we will only implement such requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.
In each event, you must clearly indicate the information that you wish to have changed or suppressed or clearly indicate the limitations you wish to put on our use of your Personal Information. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Site.
Jurisdictional Issues: We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, such as the United States, which may provide a different level of data security than in your country of residence.
Liability Restrictions: Mambo Media is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; and/or incomplete, garbled or delayed computer transmissions. Under no circumstances will Mambo Media be liable for any damages or injury that may result from the use of the materials on this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you. The materials on this site are provided “as is” and without warranties of any kind to the fullest extent permissible pursuant to applicable laws. Mambo Media may provide links to other sites that are not maintained by Mambo Media, but Mambo Media does not endorse those sites and is not responsible for the content of such other sites.
Usage Restrictions: The entire contents of this site are copyrighted under the laws of the United States and protected by worldwide copyright laws and treaty provisions. Materials from the www.mambomedia.com website may not be copied, distributed or transmitted in any way without prior written consent of Mambo Media. All material on this site is provided for lawful purposes only.
Assent to Agreement
BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
This website is provided by Mambo Media and may be used for informational purposes only. If the user is not an individual, then “you” means your company, its officers, members, agents, successors, and assigns.
Restrictions on Use
Except as otherwise permitted in writing by Mambo Media, no materials from the Mambo Media site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Mambo Media site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Mambo Media site for public or commercial purposes, including any text, images, audio, or video without B Mambo Media’s written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mambo Media without express written consent. You may not use any metatags or any other “hidden text” using Mambo Media’s name or trademarks without the express written consent of Mambo Media. Any unauthorized use terminates the permission or license granted by Mambo Media.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is the property of Mambo Media or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the US copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Mambo Media owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of Mambo Media or its software suppliers and is protected by US and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited.
Mambo Media grants you a limited, nonexclusive, non-transferable personal license to access, display, and copy the Materials on the Mambo Media website for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
Representations and Warranties
By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from Mambo Media for any purpose.
Disclaimer of Warranties
You expressly agree that use of the Mambo Media site is at your sole risk. Neither Mambo Media, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Mambo Media site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Mambo Media site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, Mambo Media does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Mambo Media reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. Mambo Media may make any other changes to the site, the content and the products, programs, services or prices (if any) described in the site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED BY MAMBO MEDIA ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. MAMBO MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE MAMBO MEDIA SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MAMBO MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THE MAMBO MEDIA SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE MAMBO MEDIA SITE OR YOUR USE OF THE MAMBO MEDIA SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT MAMBO MEDIA AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE MAMBO MEDIA SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL MAMBO MEDIA OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE MAMBO MEDIA SITE, YOUR USE OF, OR INABILITY TO USE, THE MAMBO MEDIA SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MAMBO MEDIA OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Mambo Media may operate discussion areas in a good faith attempt to foster open communication via the Internet. Mambo Media requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. Mambo Media reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; Mambo Media does not necessarily support or endorse any such views. Furthermore, Mambo Media is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.
You agree to indemnify, defend, and hold harmless Mambo Media, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Any dispute relating in any way to your use of the Mambo Media site shall be submitted to confidential arbitration in Pittsburgh, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate Mambo Media’s intellectual property rights, Mambo Media may seek injunctive or other appropriate relief in any state or federal court in Allegheny County, Pennsylvania and you consent and submit to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
Term and Termination
Without limiting its other remedies, Mambo Media may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.
As a convenience to you, Mambo Media may provide, on this site, links to websites operated by other entities (collectively the “Linked Site”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Mambo Media. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Mambo Media. Mambo Media does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Mambo Media. Links do not imply that Mambo Media or this site sponsors, endorses, is affiliated or associated with, or its legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Mambo Media or any of its affiliates or subsidiaries. Except for links to information authored by Mambo Media, Mambo Media is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Mambo Media reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web matters of any Linked Sites concerning any information, goods and/or services appearing thereon.
This Agreement constitutes the entire agreement between Mambo Media and you with respect this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Mambo Media with respect to this website. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default
Modifications to Agreement
Mambo Media may revise the Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Mambo Media does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Mambo Media. Mambo Media reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.