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Terms & Conditions

General

The following terms of use (the “Terms”) govern the www.mambaby.com/us/ website (the “Site”). You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside and, if applicable, the State from which you are accessing the Site. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE SITE.

MAM USA Corporation (“MAM USA”), reserves the right to revise these Terms. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MAM USA or its affiliated entities. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by MAM USA or its affiliated entities. All other MAM USA trademarks appearing on this Site are trademarks of MAM USA, its affiliated entities or its licensors.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product Information

MAM USA products (“Products”) displayed on the Site are available in select stores in the United States and select markets outside the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. Prices, if any, displayed on the Site are the manufacturer’s suggested retail price (MSRP) quoted in U.S. Dollars.

Product Descriptions

MAM USA strives to provide accurate descriptions of the Products displayed on the Site. MAM USA does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a Product offered on the Site is not as described, your sole remedy is to return the Product for a refund of the purchase price plus tax and related delivery costs. For Products that are as described on the Site, your right to return any such Product shall be pursuant to our return policy which is incorporated herein by reference.

Colors

We have made every effort to display the colors of the Products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

Comments and Submissions

Your offering or submitting to MAM USA comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your assignment to MAM USA of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. MAM USA is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments. MAM USA may use third-party providers to republish Comments on websites operated by third-parties.

User-Generated Content

The Site may contain message boards, chat rooms, blogs, forums, and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Site or to submit suggestions, feedback or inquiries to MAM USA (collectively, “User Generated Content”).  All User Generated Content will be considered non-confidential and non-proprietary.  By submitting User Generated Content, you grant to MAM USA and its affiliates and agents the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, copy, distribute and disclose to third parties the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time.  MAM USA has no obligation to provide attribution for any User-Generated Content you provide.  You represent and warrant that you own or control all rights in and to the User Generated Content and that all of your User Generated Content complies with these Terms (including the Content Standards), and you hereby agree to defend, indemnify and hold harmless MAM USA and its affiliates and licensors for any breach of those representations and warranties.  MAM USA has no duty to monitor, pre-screen or regularly review submissions of User-Generated Content made to the Site.  Notwithstanding the foregoing, MAM USA has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms.  You hereby acknowledge and agree that you are solely responsible for the User-Generated Content you submit to or otherwise make available on the Site.  MAM USA does not take any responsibility and does not assume any liability for any User-Generated Content posted by you or any other user.  MAM USA does not warrant or claim to have verified the identity of any user providing User Generated Content.  All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and do not reflect the opinion of MAM USA.  MAM USA reserves the right to take any action with respect to your User Generated Content that it deems necessary or appropriate in our sole discretion if we believe such User Generated Content violates the Terms, infringes any intellectual property rights, threatens the personal safety of users of the Site and the public or could create liability for MAM USA, including appropriate legal action, as well as to disclose your identity to any third party who claims that User Generated Content posted by you violates their rights.  If you do not agree to these Terms, do not submit any User-Generated Content. 

Content Standards

These content standards (the “Content Standards”) apply to any and all User Generated Content and the Interactive Services.  User Generated Content must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Generated Content must not:

  • Contain any material which is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
  • Promote any illegal activity, or advocate, promote or assist in any unlawful act.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization, or otherwise be likely to deceive any person.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Involve commercial activities or sales of any person or entity other than MAM USA, without our prior written consent.
  • Give the impression that they emanate from us, if this is not the case.
  • Constitute any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act).

Privacy Policy

You agree that MAM USA may use and/or disclose information consistent with our Privacy Policy which is incorporated herein by reference.

Indemnification

You agree to defend, indemnify and hold MAM USA, and its officers, directors, employees and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Links to Other Web Sites

To the extent that this Site contains links to websites, services and resources not within MAM USA’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that MAM USA shall not be liable to you for your use of any Third-Party Sources.

Disclaimer

IN NO EVENT SHALL MAM USA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF MAM USA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MAM USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED ENTITIES, SUPPLIERS AND RETAILERS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE, OR INABILITY TO USE, THE SITE, AND ANY CONTENT THEREON SHALL NOT EXCEED $5 IN THE AGGREGATE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Miscellaneous

Unless otherwise specified, this Site and its Contents are displayed solely for the purpose of promoting Products available in the United States and select markets outside the United States. This Site is controlled and operated by MAM USA from its offices in White Plains, New York.

Choice of Law, Venue and Dispute Resolution

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products whether or not purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, county of Westchester, solely between you and MAM USA, and not on any representative or class basis. Further, unless you and MAM USA agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.

You agree that you shall commence any action for any claim(s) arising out of or related to the Site (or to products purchased through the Site) within one (1) year after such claim(s) accrued, otherwise, such claim(s) shall be permanently barred.

Third-Party Trademarks

Third-party trademarks, trade names, Product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Notices for Reporting and Making Claims of Copyright Infringement and Other Concerns

MAM USA will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).  Written notification of claimed copyright infringement must be submitted in accordance with the requirements of the DMCA to the following designated agent for this website:

Jeremy Richardson
Phillips Nizer, LLP
666 Fifth Avenue
28th Floor
New York, New York 10103
VIA FACSIMILE: (212) 262-5152
VIA EMAIL:jrichardson@phillipsnizer.com
with a copy to DMCA@mambaby.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.  It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Please send any concerns regarding our Products or services to consumerserviceusa@mambaby.com

Termination

This Agreement is effective unless and until terminated by either you or MAM USA. You may terminate this Agreement at any time after which time you agree that you shall not access the Site.  MAM USA may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

Entire Agreement

These Terms constitute the entire agreement of between you and MAM USA regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

Severability

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Last Updated: December 2015