This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: June 12, 2018
Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
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Permission is granted to temporarily download one copy of the materials
(information or software) on wAmbitious' web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on wAmbitious' web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by wAmbitious at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
- The materials on wAmbitious' web site are provided "as is". wAmbitious makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, wAmbitious does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall wAmbitious or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on wAmbitious' Internet site, even if wAmbitious or a wAmbitious authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on wAmbitious' web site could include technical, typographical, or photographic errors. wAmbitious does not warrant that any of the materials on its web site are accurate, complete, or current. wAmbitious may make changes to the materials contained on its web site at any time without notice. wAmbitious does not, however, make any commitment to update the materials.
6. Links
wAmbitious has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by wAmbitious of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
wAmbitious may revise these terms of use for its web site at any time. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to wAmbitious' web site shall be governed by the laws of the town of Niamey in Niger without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. Content and Information sharing
You own all of the content and information you post on wAmbitious, and you can control how it is shared through. In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with wAmbitious (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the default setting, it means that you are allowing everyone, including people off of wAmbitious, to access and use that information, and to associate it with you. We always appreciate your feedback or other suggestions about wAmbitious, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
10. Safety
We do our best to keep wAmbitious safe, but we cannot guarantee it. We need your help to keep wAmbitious safe, which includes the following commitments by you: You will not post unauthorized commercial communications (such as spam) on wAmbitious. You will not collect users' content or information, or otherwise access wAmbitious, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on wAmbitious. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements). You will not use wAmbitious to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of wAmbitious, such as a denial of service attack or interference with page rendering or other wAmbitious functionality. You will not facilitate or encourage any violations of this Statement or our policies.
11. Registration and Account Security
wAmbitious users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on wAmbitious, or create an account for anyone other than yourself without permission. You will not create more than one personal account. If we disable your account, you will not create another one without our permission. You will not use wAmbitious if you are under 13. You will not use wAmbitious if you are a convicted sex offender. You will keep your contact information accurate and up-to-date. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any subject) to anyone without first getting our written permission. If you select a username or similar identifier for your account or subject, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
12. Protecting Other People's Rights
At wAmbitious, we respect other people's rights, and expect you to do the same. You will not post content or take any action on wAmbitious that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on wAmbitious if we believe that it violates this Statement or our policies. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission. If you collect information from users, you will: obtain their consent, make it clear you (and not wAmbitious) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on wAmbitious. You will not tag users or send email invitations to non-users without their consent.
13. Payments
If you make a payment on wAmbitious, you agree to our Payments Terms unless it is stated that other terms apply.
14. Advertisements and Other Commercial Content Served or Enhanced by wAmbitious
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.
15. Special Provisions Applicable to Subjects
If you create or administer a Subject on wAmbitious, or run a promotion or an offer from your Subject, you agree to our subject terms.
16. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of wAmbitious to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate.
17. Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or wAmbitious exclusively in Niger. The laws of the town of Niamey will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. If anyone brings a claim against us related to your actions, content or information on wAmbitious, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on wAmbitious and are not responsible for the content or information users transmit or share on wAmbitious. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on wAmbitious. We are not responsible for the conduct, whether online or offline, of any user of wAmbitious. WE TRY TO KEEP wAmbitious UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING wAmbitious AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT wAmbitious WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT wAmbitious WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. wAmbitious IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR wAmbitious, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR wAmbitious WILL NOT EXCEED THE GREATER OF twenty USD DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, wAmbitious'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. Special Provisions Applicable to Users Outside Niger
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with wAmbitious outside Niger: You consent to having your personal data transferred to and processed in Niger. You will not use wAmbitious if you are prohibited from receiving products, services, or software originating from Niger.
19. Definitions
By "wAmbitious" or "wAmbitious Services" we mean the features and services we make available, including through (a) our website at www.wambitious.com and any other wambitious branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the On Fire button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. wAmbitious reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with wAmbitious. By "content" we mean anything you or other users post, provide or share using wAmbitious Services. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from wAmbitious or provide to wAmbitious. By "post" we mean post on wAmbitious or otherwise make available by using wAmbitious. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By "application" we mean any application or website that uses or accesses wAmbitious, as well as anything else that receives or has received data from us. If you no longer access wAmbitious but have not deleted all data from us, the term application will apply until you delete the data. By “Trademarks” we mean the list of trademarks provided here.
20. Other
This Statement makes up the entire agreement between the parties regarding wAmbitious, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing wAmbitious.