Terms of Use

The present Terms of Use set forth the terms and conditions of use of the website www.Onemillionsparks.com, published by Majamba SARL.

1. Definitions
Under the present Terms of Use the following definitions shall be used:

“Account”
account that Members are required to create as part of the registration process.

“Campaigns”
a social funding campaign or project or idea associated with an artist, artisan, enterprise or entrepreneur.

“Campaign Owner”
any artist, artisan, enterprise or entrepreneur who is advertising his project or idea.

“Content”
text, comments, sounds, videos or other content (inc. a post) published on the Website.

“OneMillionSparks”
an international social funding platform operated by Majamba SARL of Switzerland.

“Gifts”
campaign owners can offer gifts, experiences or rewards in the form of tangible items or intangible services collectively, called “Gifts” to Supporters. Gifts are not offered for sale.

“Majamba SARL”
Majamba SARL, CH-550.1.072.663-4, of La Sarraz, Vaud, Switzerland including its existing or future affiliates or related companies. Also referred to as “Majamba”.

“Majamba SARL’s Content”
any content published on the Website, except Your Content and other Members Content.

“Member”
any user of the Website having completed the registration process and created an Account.

“Terms of Use”
the latest version of the present terms of use available on the Website.

“Visitors”
users of the Website not registered with Majamba and having no Account.

“Website”
the present website accessible at www.Onemillionsparks.com

“You”
you as Visitor or Member or Campaign owner. Also referred to as “User”.

“Your Content”
Content that You have published on the Website such as your visual profile page.

2. The Website
The Website www.onemillionsparks.com is an international social funding platform as a service (PaaS) that accepts 139 currencies, managed by Majamba SARL of Switzerland for individuals and entities wanting to raise funds for their own Projects, Campaigns or Ideas and to contribute to the Campaigns of others. Campaign Owners can offer Gifts. Majamba makes no representations about the quality, safety, morality or legality of any Campaign, Gift or Contribution or the truth or accuracy of the User Content posted on the Service. Majamba does not represent that Campaign Owners will deliver Gifts or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.

3. Agreement
By using/visiting the Website as a Member or as a Visitor, You expressly agree to the present Terms of Use – including all updates, revisions and modifications – as well as to Majamba SARL’s Privacy Policy. In case you are not an individual, You warrant that you dispose of all necessary corporate or equivalent authority and powers to agree to the present Terms of Use, which shall be binding upon the corporation, partnership or other entity in whose name you have registered as a Member. Majamba SARL may, in its sole discretion and without notice, modify or revise the present Terms of Use at any time, and You agree to be bound by such modifications or revisions. Any modification, update or revision of the present Terms of Use shall become automatically effective and binding as from the date of their publication on the Website. It is Your responsibility to consult and revert to the last available version of the present Terms of Use as posted on the Website. The Website is available for individuals aged 18 years or older. The present Terms of Use apply to Visitors and all Members of the Website. In case You do not agree with the present Terms of Use, You may not use the Website.

4. Register with Majamba SARL
4.1. Functionalities requiring the creation of an Account!
Visitors are only allowed to access the Website and to consult its content. The use of all others functionalities of the Website, including without limitation, making contribution to campaigns and posting comments may require a successful registration with Majamba SARL as a Member and the creation of an Account.

4.2. Opening of an Account
In order to register with Majamba SARL and open an Account, You maybe be required to provide Majamba SARL with the following information:
• User name;
• Full Name;
• Address;
• Email address;
• Other necessary information as requested in the sign-up process.

Majamba SARL will only use Your personal information in the respect of Majamba SARL’s Privacy Policy.
When creating Your Account, You must provide Majamba SARL with accurate and complete information only. You are solely responsible for the activity that occurs on Your Account and for maintaining the confidentiality and security of Your Account. You must keep Your Account password secure and not reveal Your Account information to anyone else or use anyone else’s Account. It is also Your responsibility to notify Majamba SARL immediately of any breach of security or unauthorized use of Your Account.
Majamba SARL disclaims all liability for losses caused by any unauthorized use of Your Account. However, You may be held liable for the losses of Majamba SARL or others due to such unauthorized use. By providing Majamba SARL with personal information in relation with the creation of an Account, You expressly authorize Majamba SARL to collect and process such information for the purpose of management of the Website. At all times, Majamba SARL will respect all requirements of applicable data protection laws and in particular, Majamba SARL undertakes not to transfer any of Your personal data to any third party without Your express consent. Majamba’s Privacy Policy is further applicable and is by this reference fully part of the present Terms of Use.

Please also note the following:
• Majamba SARL reserves the right to suspend or terminate Your Account, in case Majamba SARL
determines, in its sole discretion, that such measure is necessary as a consequence of Your
violation of the present Terms of Use or any other Majamba policy;
• As part of the registration process and creation of a User Account, You may be required to transmit evidence of Your identity (or corporate identity) and domicile to Majamba SARL.
• Majamba SARL reserves at all time its right to decline Member’s registration. You agree and acknowledge that the present Terms of Use concede You no right to register with Majamba SARL. In particular, Majamba SARL may restrict the availability of all or part of its services to certain geographic areas.

5. Payments conditions

5.1. Currency and methods of payment
Contributions to campaigns is powered by Stripe. You can use all major credit cards or debit cards.

5.2. Payment information
You agree that Majamba SARL may charge Your credit card or debit card account for any contributions made to a campaign and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your Account.

5.3. No refund
Majamba SARL is neither a bank, nor a financial institution and You shall be aware that Campaigns run for a fixed time. Moreover, You acknowledge and agree that all Fees can never be reimbursed to You, even in case you decide to close Your User Account.

6. Publishing User Content
Majamba SARL may allow Members posting Content, at the conditions set forth in the present
Terms of Use and in the form of (hereinafter “Members Content”):
• Name;
• Photo;
• Recommendation description;
• Other Content that Members are invited to post on the Website (including comments).

7. Your Use of the Website
7.1. General conditions
Pursuant to the present Terms of Use, Majamba SARL grants You the permission to access the Website and to use its different functionalities, under the following conditions:
• You may not, under any circumstance, alter or modify any part of the Website, except submitting Your Content in the respect of the rules set forth in the present Terms of Use;
• You may not launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” “virus”, “worms”, “Trojan horse”, having the purpose or effect to detrimentally affect the Website.
• You may not collect any personal data, including account names, from the Website, nor use the communication systems provided by Majamba SARL to its Members for any commercial solicitation purposes.
• Your use of the Website requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your responsibility.
• You shall be solely responsible for Your Content and the consequences of posting such content. Majamba SARL does not guarantee any confidentiality in relation with Your Content.
• You are aware that by using the Website, you may encounter content that You may find offensive, indecent, or objectionable. Nevertheless, You agree to use the Website at your sole risk. You agree that Majamba SARL shall assume no liability for content that You may find to be offensive, indecent, or objectionable. In case You find something on the Website to be offensive, indecent, or objectionable, please contact Majamba SARL and report the problem.
• You agree that You will not attempt to, or encourage or assist any other person to, circumvent or modify any component of the Website.
• Majamba SARL reserves the right to discontinue any aspect of the Website at any time.

7.2. Your Content
• You represent and warrant that You dispose of the necessary authorizations to use and upload any of Your Content. You further agree that you will not submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their owner to display and distribute such Content.
• Majamba SARL shall determine in its sole discretion whether Your Content is appropriate and complies with the present Terms of Use. You agree that Majamba SARL may at any time, without prior notice and in its sole discretion, remove any of Your Content and/or terminate Your Account if Majamba SARL suspects that such Content was uploaded in violation of the present Terms of Use.
• You warrant that Your Content contains no pornography, dangerous or illegal acts, unlawful, obscene, defamatory or libellous material, or any sexually explicit content.
• You also warrant that Your Content is not contrary to public policy, or any applicable laws, regulations or bona mores.
• You acknowledge that Majamba SARL is under a legal obligation to remove or to block the access to any clearly illegal Content, which has been effectively brought to Majamba SARL’s attention.
• You acknowledge and accept that Your failure to comply with the present Terms of Use may result in Your Content being removed and/or Your Account being deactivated without prior notice.

8. Intellectual property
8.1. Your Content
Majamba SARL does not claim any ownership rights in relation with any of Your Content. You shall retain all ownership rights on Your Content and shall continue to have the right to freely use such material even after submitting Your Content to the Website.
Majamba SARL expressly disclaims any and all liability in connection with Your Content. Majamba SARL does not permit and will not tolerate any infringement of intellectual property rights on the Website. Majamba SARL may remove, without prior notice, all Your Content if notified that such content infringes on another’s intellectual property rights.
By submitting Your Content to the Website, You agree to allow other Members to use Your Content in conformity with the present Terms of Use for the entire period in which Your Content is hosted on the Website. While Majamba SARL makes its best efforts to protect Your Content against such risks, Majamba SARL shall assume no liability in case YOUR Content is Subject TO MISAPPROPRIATION AND/OR PIRACY. YOU are responsible for taking all appropriate MEASURES to protect YOUR Content.
You grant Majamba SARL the non-exclusive, royalty-free license to reproduce, display and distribute Your Content on the Website, in whole or in part, through any media and
telecommunications technology providing access to the Website. You grant such license to Majamba SARL for as long as Your Content remains hosted on the Website.
You may access other Members Content solely for Your personal and non-commercial use and in the respect of the present Terms of Use. In particular, You must not attempt to distribute, commercialize, transmit, license, copy or lease any other User’s Content without such User prior
authorization.

8.2. Copyright notification
In case You consider that a Content is displayed on the Website in violation of Your intellectual property rights, You shall contact Majamba SARL with all necessary information at Info@majamba.com and Majamba SARL will address Your claim without delay.

8.3. Majamba SARL’s Content
“Majamba, Do Good Today” is a registered trademark of Majamba SARL. More generally, all Majamba SARL’s Content is the exclusive property of Majamba SARL and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. Majamba SARL grants You a personal, non-exclusive, non-transferable and revocable right to access and use the Website, under the condition that You comply with the present Terms of Use. Majamba SARL’s Content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited without the prior written consent of Majamba SARL.
You agree not to use or exploit the Majamba SARL’s Content in any manner inconsistent with the present Terms of Use and in particular, You shall always respect all rights granted or restrictions set forth herein. You are not allowed to modify, edit, translate, adapt, or disassemble Majamba SARL’s Content or to create derivative works based upon Majamba SARL’s Content. All rights not expressly granted in the present Terms of Use are reserved to Majamba and its licensors.

9. Liability
9.1. General warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. YOU ACKNOWLEDGE THAT THE CONTENT OF THIS WEBSITE IS PROVIDED TO YOU AS IS AND THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAJAMBA SARL, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY APPLICABLE LAW OR REGULATIONS.
FURTHERMORE, MAJAMBA SARL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES, INACCURACIES OF CONTENT, AS WELL AS ITS TIMELY AND PROPER, DELIVERY, OR LIMITATIONS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF MAJAMBA SARL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MAJAMBA SARL’S PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
PLATFORM BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, UPLOADED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MAJAMBA SARL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. IN NO EVENT SHALL MAJAMBA SARL BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.

9.2. Limitation of liability
YOU AGREE THAT MAJAMBA SARL, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGES OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGE IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RESULTING FROM OR IN CONNECTION WITH THE CONTENT OF THE WEBSITE, INCLUDING YOUR CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ERRORS OR INACCURACIES IN SUCH CONTENT, DELAYS, INTERRUPTIONS, FAILURE, POOR QUALITY OR LIMITATIONS OF ANY KIND IN ITS DELIVERY OR IN THE PERFORMANCE OF SERVICES OFFERED ON THE
WEBSITE, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF MAJAMBA SARL’S SECURE SERVERS AND/ OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MAJAMBA SARL’S PLATFORM, ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MAJAMBA’S PLATFORM BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, UPLOADED, EMAILED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT MAJAMBA SARL SHALL NOT BE LIABLE FOR ANY USER CONTENT, NOR FOR ANY CONDUCT OF ANY THIRD PARTY THAT OCCURS IN VIOLATION OF THE PRESENT TERMS OF USE AND/OR THE APPLICABLE LAWS AND REGULATIONS. YOU ALSO ACKNOWLEDGE HEREBY THAT YOU BEAR THE ENTIRE RISK OF ANY HARM OR DAMAGE RESULTING FROM OR IN CONNECTION WITH THE FOREGOING.
The Website is managed and offered by Majamba SARL from its corporate headquarters in Switzerland. Majamba SARL makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so under their own responsibility and are responsible for compliance with locally applicable laws.

10. Indemnification
You agree to defend, indemnify and hold Majamba SARL, its parent corporation, officers, directors, employees and agents harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, costs or debt, interest, award, judgment, diminution in value, fine, fee (including attorneys’ fees), and penalty, or other charge (including but not limited to attorneys’ fees) arising from or relating to (i) Your Content, (ii) your violation of the present Terms of Use or any other policy of Majamba SARL; (iii) more generally Your use of the Website; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights. Or any claim that Your Content caused damage to a third party. This defence and indemnification will survive the present Terms of Use and Your use of the Website.

11. Miscellaneous
Members and Majamba SARL are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the present Terms of Use.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by Members does not waive Majamba SARL’s right to act with respect to subsequent or similar breaches. Majamba SARL shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Majamba SARL’s reasonable control.
Majamba SARL reserves the right to takes all steps Majamba SARL deems necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use. Majamba SARL has the right, without liability to you, to disclose any of Your data to law enforcement authorities, government officials, and/or a third party, as Majamba SARL believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use. The present Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Majamba SARL without restriction.

12. Governing Law and Jurisdiction
The present Terms of Use shall be governed, interpreted and construed by, under and pursuant to the substantive laws of Switzerland, without reference to its conflict of laws.
You agree that any dispute, controversy or claim arising out of or in relation to the present Terms of Use, including the validity, invalidity, breach or termination thereof, shall be decided exclusively by the ordinary courts of canton Vaud, Switzerland. If You have any queries or comments regarding these Terms of Use, just get in touch
You can write to us at: Terms@majamba.com

1st of October 2016