Terms of Use

Mumvia.com Terms of Use Agreement


This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the any product or service provided by Mumvia.com (collectively referred hereafter as "Mumvia.com") including but not limited to web site which is identified by the uniform resource locator https://mumvia.com (the"Site") and MumviaTM Alerts or MumviaTM Partner Mobile App (the"App"). This Agreement is entered into between you as the user of the Mumvia.com (the" User") and Mumvia.com.

  1. Application and Acceptance of Terms and Conditions.

1.1 For purposes of this Agreement, a "User" is any person who accesses Mumvia.com for whatever purpose, regardless of whether said User has registered with Mumvia.com as a registered User or whether said User is a paying customer for a specific service provided by Mumvia.com. A User includes the person using Mumvia.com and any legal entity which may be represented by such person under actual or apparent authority.

1.2 By accessing or using Mumvia.com, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of Mumvia.com and any further upgrade, modification, addition or change to Mumvia.com. If you do not accept all of the terms and conditions of this Agreement, please do not use Mumvia.com.

1.3 Mumvia.com may amend this Agreement at any time by posting the amended and restated Agreement on Mumvia.com. The amended and restated Agreement shall be effective immediately upon posting. Posting by Mumvia.com of the amended and restated Agreement and your continued use of Mumvia.com shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Mumvia.com.

  1. Users Generally.

2.1 Users may use Mumvia.com solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through Mumvia.com (the "Mumvia Content") for the purpose of re-selling or re-distributing the Mumvia.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Mumvia.com, or otherwise commercially exploiting the Mumvia.com Content. Systematic retrieval of Mumvia.com Content from Mumvia.com to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Mumvia.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

2.2 Some of the Mumvia.com Content displayed on Mumvia.com is provided or posted by third parties ("Third Party Content"). Mumvia.com is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Mumvia.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Mumvia.com is not responsible for the conduct of any User's activities on Mumvia.com, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

2.3 Mumvia.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Mumvia.com has no control over such third party's web site, does not monitor such sites, and Mumvia.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.

2.4 Messages or information sent by a User through communication systems provided by Mumvia.com, or through electronic messages, emails, fax, or letters to addressees obtained from Mumvia.com, shall not contain any of the materials described in the provisions of Section 4.5 below.

2.5 Mumvia.com reserves the right to limit, deny or create different access to Mumvia.com and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use Mumvia.com wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Mumvia.com be liable to the User or any third parties for any inability to use Mumvia.com (whether due to disruption, limited access, changes to or termination of any features on Mumvia.com or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use Mumvia.com or any of its features.

2.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Mumvia.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

2.7 We urge that you read Mumvia.com's Privacy Policy which governs the protection and use of each User's information in Mumvia.com's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Mumvia.com may change the Privacy Policy from time to time provided that Mumvia.com shall make available the updated version of the Privacy Policy on Mumvia.com at all times. Your continuation of use of Mumvia.com shall be deemed to be your acceptance of the Privacy Policy which is then displayed on Mumvia.com at the time of such use.

2.8 As a condition of your access to and use of Mumvia.com, you agree that you will not use the Mumvia.com service to infringe the intellectual property rights or other legitimate rights of others in any way. Mumvia.com will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, Mumvia.com reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Mumvia.com service, or if Mumvia.com believes that User's conduct is harmful to the interests of Mumvia.com, its affiliates, or other users, or for any other reason in Mumvia.com's sole discretion, with or without cause.

  1. Registered Users

3.1 Each User who has filled out an on-line registration form on Mumvia.com by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Mumvia.com (a "Registered User"). Mumvia.com will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.

3.2 Mumvia.com may assign a web-based electronic messaging account with limited storage space for the User to send or receive electronic messages (the "Messaging Account"). The User shall be responsible for all users and the content of all the messages communicated through the Messaging Account, as well as the consequences of any such message.

3.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Mumvia.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

3.4 By becoming a Registered User, you consent to the inclusion of your personal data in our User Database and authorize Mumvia.com to share such information with other Users.

3.5 Mumvia.com may suspend or terminate a Registered User's Account or Messaging Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Mumvia.com's determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Mumvia.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Mumvia.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Mumvia.com's other Users, or Mumvia.com or its affiliates.

3.6 The Registered User shall not use the Messaging Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Messaging Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

3.7 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Mumvia.com. Mumvia.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

3.8 Notwithstanding Section 3.1 above, Mumvia.com may refuse registration and deny the issuance of an Account and/or Messaging Account and associated User ID and Password to any User for whatever reason.

3.9 If Mumvia.com terminates the Account of a User who has paid in advance for Mumvia.com services, Mumvia.com shall refund the unused portion of such advance payment.

  1. Users Who Post Information on Mumvia.com

4.1 You must be a Registered User in order to post information on Mumvia.com using the self-help submit and edit tools provided through Mumvia.com. Your status as a Registered User is governed by the provisions of Section 4 above and any terms and conditions applicable to the relevant Premium Service.

4.2 No sales agency relationship is created between any User and Mumvia.com, our affiliates, directors, officers or employees by virtue of Mumvia.com's display of any of the User's information on Mumvia.com.

4.3 Each User hereby represents, warrants and agrees to (a) provide Mumvia.com with true, accurate, current and complete information to be displayed on Mumvia.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Mumvia.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

4.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on Mumvia.com or provides to Mumvia.com or authorizes Mumvia.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on Mumvia.com, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on Mumvia.com, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on Mumvia.com or provides to Mumvia.com or authorizes Mumvia.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on Mumvia.com, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.

4.5 Each User hereby represents, warrants and agrees that information submitted to Mumvia.com for display on Mumvia.com shall not:

  1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  2. be part of a scheme to defraud other Users of Mumvia.com or for any other unlawful purpose;
  3. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
  4. impersonate any person or entity, misrepresent your or your affiliation with any person or entity;
  5. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  6. be defamatory, libelous, unlawfully threatening or unlawfully harassing;
  7. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
  8. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  9. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
  10. solicit business from any Users in connection with a commercial activity that competes with Mumvia;
  11. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  12. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
  13. otherwise create any liability for Mumvia.com or its affiliates.

4.6 Mumvia.com reserves the right in its sole discretion to remove any material displayed on Mumvia.com which it reasonably believes is unlawful, could subject Mumvia.com to liability, violates this Agreement or is otherwise found inappropriate in Mumvia.com's opinion. Mumvia.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Mumvia.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Mumvia.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Mumvia.com for such disclosure. In connection with any of the foregoing, Mumvia.com may suspend or terminate the Account of any User as Mumvia.com deems appropriate in its sole discretion. User agrees that Mumvia.com shall have no liability to User, including no liability for consequential or any other damages, in the event Mumvia.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Mumvia.com may take such actions.

  1. Limitation of Liability



5.3 Any material downloaded or otherwise obtained through Mumvia.com is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Mumvia.com or through or from Mumvia.com shall create any warranty not expressly stated herein.

5.4 Under no circumstances shall Mumvia.com be held liable for an delay or failure or disruption of the content or services delivered through Mumvia.com resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

5.5 Each User hereby agrees to indemnify and save Mumvia.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of Mumvia.com (including but not limited to the display of such User's information on Mumvia.com) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Mumvia.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Mumvia.com, including but not limited to those set forth in Sections 4.3, 4.4 and 4.5 above. Each User hereby further agrees to indemnify and save Mumvia.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on Mumvia.com. Each User hereby further agrees that Mumvia.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Mumvia.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Mumvia.com in asserting any available defenses.

5.6 Mumvia.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

  1. the use or the inability to use Mumvia.com;
  2. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through Mumvia.com;
  3. violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Mumvia.com may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  4. unauthorized access by third parties to data or private information of any User;
  5. statements or conduct of any User of Mumvia.com; or
  6. any matters relating to any services, including paid services, however arising, including negligence.

5.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Mumvia.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of Mumvia.com or the Mumvia.com service shall be limited to the greater of (a) the amount of fees the User pays to us in the 12 months prior to the action giving rise to liability and (b) US$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of Mumvia.com service must be filed within one (1) year from the date the cause of action arose.

  1. Intellectual Property Rights

6.1 Mumvia.com is the sole owner or lawful licensee of all the rights to Mumvia.com and the Mumvia.com Content. Mumvia.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in Mumvia.com Content shall remain with Mumvia.com, its affiliates or licensors of the Mumvia.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Mumvia.com are hereby reserved.

6.2 "Mumvia", "Mumvia.COM,", "Mumvia Alerts Mobile App", "Mumvia Partner Mobile App" and related icons and logos are registered trademarks or trademarks or service marks of Mumvia, Inc. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

  1. Payment

Mumvia uses a third party service, Stripe (https://stripe.com), to process payments. Mumvia does not store credit card information on its own servers; it merely secures tokens used to charge payments through Stripe. By using the payment service, you also agree to be bound by Stripe's terms and conditions, available at https://stripe.com/us/terms and Stripe's privacy conditions at https://stripe.com/us/privacy. The transaction is between the user and Stripe, Mumvia is only providing the payment platform integration. Any payment related issues will need to be resolved directly with Stripe based on the transaction-id that you receive for each payment.

  1. Payment Processing Fees

8.1 Stripe processing Fees: Stripe charges a 2.9% + $0.30 processing fee for every transaction for US based cards (+1% for international card charges). Aside from their normal processing fees (2.9% + $0.30), Stripe offers a nonprofit pricing structure. [1] 2.2% + 30c for non American Express transactions (+1% for international card charges); [2] 3.5% for American Express transactions Please check with sales+nonprofit@stripe.com to confirm the latest pricing for nonprofits and to apply this pricing, you will need the following: a) EIN (employer identification number), b) A letter stating your 501c3 status (can be an IRS letter), c) Create a Stripe account (dashboard.stripe.com/register) and Stripe know the email address on the account; [3] If this pricing structure is something that interests you, you will need to reach out to Stripe directly. sales+nonprofit@stripe.com; [4] For more information on pricing with Stripe visit https://stripe.com/us/pricing.

8.2 Mumvia Platform processing Fees: Mumvia charges an additional 1% processing fee for every transaction.

  1. Taxes

It is the sole responsibility of all Mumvia Partners to pay any applicable taxes. Mumvia does not accept any responsibility for the tax liabilities of its business partners nor provides any guidance attached thereto.

  1. Notices

10.1 All notices or demands to or upon Mumvia.com shall be effective if in writing and shall be duly made when sent to Mumvia.com in the following manner: to support@Mumvia.com

10.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email or phone text message to the last-known correspondence, fax, phone number, or email address provided by the User to Mumvia.com, or by posting such notice or demand on an area of Mumvia.com that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when sent in the manner as stated.

  1. General

11.1 Subject to any additional agreements relating to any additional services, this Agreement and the Privacy Policy constitute the entire agreement between the User and Mumvia.com with respect to and governs the use of Mumvia.com, superseding any prior written or oral agreements in relation to the same subject matter herein.

11.2 Mumvia.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

11.5 Mumvia.com's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives Mumvia.com's right to act with respect with subsequent or similar breaches.

11.6 Mumvia.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to any additional services to any person or entity (including any affiliates of Mumvia.com). The User may not assign, in whole or part, this Agreement to any person or entity.