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.
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
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:
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.
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.)
Attn: Copyright Agent
58 Kent Street
Brooklyn, NY 11222
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 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.
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.
These updated terms went into effect on March 3, 2018, at 12 a.m. GMT+4, and apply to everything on MamaPanda on or after that date. To see the previous version of these terms, which govern all projects launched before that date,click here.