Terms
of Service

LAST UPDATE ON 03-09-2020

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CLOSELY. WHEN YOU (“YOU”) USE [Papumba] APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS

Papumba S.R.L. terms of service

This Terms of Service and all supplemental terms, as amended from time to time, governs Your use of [Papumba] apps (hereinafter “Papumba Apps”) offered by Papumba S.R.L or any its subsidiaries and affiliates (collectively “Services” and each one individually, a “Service”).

When You or Your children use any of the Services, You agree to be bound by these Terms of Service, which You accept without any objection and also agree to be considered as a “User” (“User”). As a consequence, this Terms of Service shall constitute a legal binding agreement between the User and Papumba S.R.L (hereinafter, “Papumba”) regarding the subject matter herein.

The Services shall also be bound by all the notices, rules, instructions, policies, and complementary, supplemental or specific terms and conditions, posted by Papumba from time to time (the “Additional Terms”), and which are contained at the end of this document. The Additional Terms and Papumba’s Privacy Policy, which could be found at http://www.papumba.com/privacy/ (“Privacy Policy”), are an integral part of this Terms of Service and incorporated into this document by reference.

Papumba may modify the Terms of Service at any time and in any way. Revisions to terms affecting existing Services shall be notified by either: (i) posting such revisions at http://www.papumba.com/terms/ or within the Services, and/ or (ii) direct message to User with a link to the post at http://www.papumba.com/privacy/

The User agrees that he/she will be considered to have been given notice of any modifications once Papumba posts them to http://www.papumba.com/terms/ and that his/her continued use of the Services after such notice shall be deemed an acceptance of any changes. As a consequence, the User agrees to (i) check http://www.papumba.com/privacy/ periodically for new information and terms that govern his use of the Services; and (ii) read the direct messages sent by Papumba with any revision or modification.

1. PERSONAL INFORMATION

The User may be required to provide to Papumba, as a condition to using the Services, certain personally identifiable information (“Personal Information”). Papumba´s retention and use of all Personal Information shall be subject to Papumba´s privacy policy as posted on http://www.papumba.com/privacy/, as that policy may be updated by Papumba in its discretion from time to time.

The User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Papumba collects, uses and discloses the User’s personally identifiable information, is incorporated and made part of these Terms of Service. If the User does not agree to each and every part of Papumba´s Privacy Policy, then the User should not use the Services or submit any personally identifiable information through the Services.

2. THE CONTENT

The Service contains a variety of content including, without limitation: (i) software, technology, text, games, information, videos, photos, pictures, graphics, music, sounds, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service; (ii) trademarks, logos, trade names, service marks, and trade identities of Papumba; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

The Content is owned, controlled or licensed by Papumba, and is protected by law from unauthorized use.

The User acknowledges that Papumba owns all intellectual property rights in and to the Content, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. The User may not remove the copyright and other proprietary rights notices from the Content. The User agrees that this Terms of Service shall be retained with all printed and electronic copies of the Content and documentation constituting the Content. Papumba does not grant the User any express or implied right in any patents, copyrights, trademarks, or trade secret information of Papumba.

Papumba could now or in the future, offer to the User the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service certain user-generated text, information, data, audio files, videos, graphics, photographs, including incorporating Papumba or other content, or third-party Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Service. The User acknowledges that Papumba does not guarantee any confidentiality with respect to any User Submissions and they could be published and viewed by other users of the Service The User is the owner of any Intellectual Property rights of the User Submissions. To the extent the User submit any User Submission, they acknowledge and agree that they automatically grant a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Papumba to use, reproduce, distribute, remove, and analyze any of your User Submissions as Papumba may deem necessary or desirable for any purpose in connection with the operation of the Service:

  1. copy, modify, and reproduce your User Submissions for marketing, promotional and/or other purposes in connection with Papumba Academy or the Service in any media;
  2. use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available your User Submissions to any other user in connection with any feature of the Service, and
  3. delete any or all of your User Submissions from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and enable the Service or users of the Service to share or post your User Submissions on third party sites, such as, without limitation, on social networking sites.

If the User, submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, the User agree that such Ideas are non- confidential and no of their proprietary and Papumba shall not be liable for the disclosure of such Ideas. The User grant Papumba, under all of the rights of the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any Papumba product or service, without compensation or accounting to the User, and without further recourse by the User.

The User will acquire no right to use, and will not use without Papumba´s prior written consent, the names, characters, artwork, designs, tradenames, copyrighted materials, trademarks or service marks of Papumba or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assign, successors, licensors or licensees: (a) in any advertising, publicity, marketing, promotion or on any website; or (b) in any manner other than in accordance with this Terms of Service. The User does not acquire any ownership rights over the Content by using the Services or downloading material from Papumba Apps.

The User agrees not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of Papumba.

All comments, feedback, suggestions, ideas, and other submissions (“Feedback”) disclosed, submitted, or offered to Papumba by the User in connection with the use of the Services shall be the exclusive property of Papumba. The User agrees that unless otherwise prohibited by law, Papumba may use, sell, exploit and disclose the Feedback in any manner, without restriction and without compensation to the User.

THE ACCOUNT

The Services may require You to open an account, You must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. You agree that all information that you submit is true and accurate (including, without limitation, Your billing information such as credit card number and expiration date), and You agree to pay the Fees plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Papumba), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Papumba immediately of any unauthorized use or theft of Your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Papumba). will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You will be liable for losses incurred by Papumba or another party due to someone else using Your account or password. You may not use anyone else’s account at any time.

TERMINATION OF ACCOUNT

Papumba has the right to terminate or suspend, and You have the right to cancel, Your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of Your account or a particular subscription is Your sole right and remedy with respect to any dispute with Papumba. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Papumba Apps or any change in such Content; (3) Your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. Papumba reserves the right to collect fees, surcharges or costs incurred before You cancel Your account(s) or a particular subscription. In the event that Your account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to your account or anything associated with it. If Your account is terminated or suspended by Papumba, Papumba shall have the right to terminate or suspend any of Your other account(s).

FEES

Papumba requires a monthly payment of fees and/ or charges for the Services of Papumba Apps (hereinafter, the “Fees”). The User hereby agrees to pay all fees, including taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.

Papumba reserves the right to change its fees or billing methods at any time. The User acknowledges that Papumba may utilize certain third-party providers to collect or otherwise process the Fees.

Payment Options. The User shall pay Fees using the payment methods, belonging to Papumba or third parties (“Payments Company”), and available for the particular Service and for the country of residence of the User; and the User agrees to the terms and conditions applicable to each payment method the User chooses. Payment methods may vary by Service and by country. When the User provides credit card or other payment information to Papumba or a Payments Company, the User represents to Papumba or such Payments Company that the User is the authorized user of the credit card or other payment methods.

The User is responsible for all fees and/ or charges incurred, including applicable taxes, made by the User or anyone that uses the accounts, including the User’s family or friends. This means that, unless the accounts or payment information is obtained unlawfully or fraudulently by someone other than those authorized by the User to use the accounts, the User will be responsible for all usage on the accounts.

RULES OF CONDUCT

As a condition of Your use of and access to the Service, the User agrees to comply with these rules of conduct (the “Rules of Conduct”), which are provided as an example rather than as a limitation, and any application or game-specific rules published within the Services.

In furtherance of the foregoing, and by way of example and not as a limitation, the User agrees that the User may not access or use the Services and/or related User Content, in order to:

  1. Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish, post, upload, transmit, distribute or disseminate User content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
  4. Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity).