Terms of Use

Welcome to MamaPanda. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by MamaPanda, PBC (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “MamaPanda,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our Community Guidelines and rules for starting projects.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using MamaPanda after a change, that means you accept the new terms.

MamaPanda is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

You can browse MamaPanda without registering for an account. But to use some of MamaPanda’s functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@MamaPanda.org.
To sign up for an account as a Donor, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. For sign up an account as a Kid, you need to be in range from 4 to 16 years old you may use the Services, only with the approval of your parent or guardian. For being able to post your dream in order that we are able to deliver it we may ask you to fill in delivery address, parent mobile number and e-mail address and also real photo. Also you are able to be as a partner for which you need to contact us support@MamaPanda.org.

Millions of people use MamaPanda. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

• Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
• Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
• Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of MamaPanda’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
• Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
• Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
• Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to MamaPanda or another party).
• Don’t abuse other users’ personal information. When you use MamaPanda — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a MamaPanda project: don’t use it for other purposes, and don’t abuse it.

• Don’t try to interfere with the proper workings of the Services.
• Don’t bypass any measures we’ve put in place to secure the Services.
• Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to MamaPanda or another party.
• Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
• Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
• Don’t take apart or reverse engineer any aspect of MamaPanda in an effort to access things like source code, underlying ideas, or algorithms.

MamaPanda provides a funding platform for realizing dreams. When a dreamer posts a dream on MamaPanda, they’re inviting other people to donate for their dream. Anyone who donate a dream is accepting the donor’s offer, and forming an agreement.

MamaPanda is not a part of this agreement — the agreement is a direct legal agreement between dreamers and their donors. Here are the terms that govern that agreement:

When a dream is successfully funded, the dreamer must complete the dream by posting photos of the dream and their thanks to the donors. Once a dreamer has done so, they’ve satisfied their obligation to their donors. At the same time, donors must understand that when they donate a dream, they’re helping to make happy one more kid. There may be changes or delays, and there’s a chance something could happen that prevents the dreamer from being able to get the dream as promised.

These are the terms that apply when you’re donating a dream:

• You’re only able donate from your account balance. To fulfill you balance you may use any payment method that the site with its payment partners provide at that moment. If the dream reaches its fundraising goal. You’ll get notified about that.
• If the dream hasn’t reached its fundraising goal in the period that is mentioned, you will get back on your account balance the donated amount for that dream which will be possible for using, donating, for another dream.
• The Estimated Expired Date is the MamaPanda’s estimate. The date listed on each dream card is the estimation days that dream will be expired.

These are the terms that apply when you’re creating a dream:

• You can be rejected to get your dream if we identify that your info is not correct and the terms for registering as a dreamer are not under the conditions that our service ask.
• In case the dreamer lies the donated amount from each donor will be returned to its account balance for future use.

MamaPanda isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release MamaPanda from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

Creating an account on MamaPanda is free.

MamaPanda may contain links to other websites. (For instance, partner pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

MamaPanda partners with other companies (such as Ameria Payments and iDram) for payment processing. When you back or donating a dream, you’re also agreeing to the payment processor’s terms of service.

MamaPanda’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

MamaPanda grants you a license to reproduce content from the Services for personal use only. This license covers both MamaPanda’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from MamaPanda or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. MamaPanda complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:

MamaPanda, PBC
Attn: Copyright Agent
58 Kent Street
Brooklyn, NY 11222
copyright@MamaPanda.org

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)

MamaPanda reserves these rights:

• We can make changes to the MamaPanda Site and Services without notice or liability.
• We have the right to decide who’s eligible to use MamaPanda. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use MamaPanda in that jurisdiction.
• We have the right to cancel any pledge to any project, at any time and for any reason.
• We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

MamaPanda is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
MAMAPANDA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MAMAPANDA SHALL CREATE ANY WARRANTY.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of MamaPanda. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

To the fullest extent permitted by law, in no event will MamaPanda, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall MamaPanda’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

We at MamaPanda encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that MamaPanda and its Services are deemed a passive website that does not give rise to jurisdiction over MamaPanda or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of MamaPanda, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

These Terms and the other material referenced in them are the entire agreement between you and MamaPanda with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and MamaPanda with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or MamaPanda to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get MamaPanda’s prior written consent. MamaPanda has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. MamaPanda will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.