Terms & Conditions

PLEASE READ THESE TERMS OF USE (THE ‘AGREEMENT’ OR THE ‘TERMS OF USE’) CAREFULLY BEFORE USING THE SERVICES OFFERED BY MALIMALK.COM, LTD. (‘MALIMALK’ OR THE ‘COMPANY’ OR ‘US’). (copied from ZOOMAL.com)

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.

This agreement sets forth the legally binding terms and conditions for your use of the website at MALIMALK.com, all other sites owned and operated by MALIMALK that redirect to MALIMALK.com, and all subdomains and services operated by the company.

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.

MALIMALK is a platform where certain users (”Project Creators” or “Beneficiaries” or “Project Owners”) run campaigns to fund creative projects by offering rewards and sponsorship packages (“Rewards” or “Perks”) to raise money (“Contributions”) from other users or companies (“Project Backers” or “Contributors” or “Backers”).

• Modifications of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

• User Terms: Project Backers
  • Backers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected immediately or at the campaign deadline depending on the payment method. The amount that Backers pledge is the amount they will be charged plus transaction fees charged by the payment gateway used. In case the project that is pledged to does not reach its funding goal by the campaign deadline, the pledged amount will be refunded into the Backer’s balance minus the transaction fee.
  • Backers agree that pledging funds to a project is considered as buying a service from MALIMALK, whereby the real dollar value of the funds is transformed into a product/service provided by MALIMALK.
  • Backers are allowed to refund or withdraw their account balance from MALIMALK given that the amount is greater than the minimum withdrawal amount defined by the system.
  • Backers consent to MALIMALK and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
  • Backers agree to have sufficient funds or credit available anytime between the date of pledging and the campaign deadline to ensure that the pledge will be collectible.
  • Backers may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except that they may not cancel or reduce their pledge if the campaign is in its final 24 hours and the cancellation or reduction would drop the campaign below its goal.
  • The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
  • Backers agree to share with Project Creators their User ID and the pledge amount of the projects they pledged to. For successful projects, Backers agree to share with Project Creators their names and email address.
  • Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
• User Terms: Project Owners/Creators
  • Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
  • For some rewards, the Project Creator needs further information from Backers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the rewards. The Project Creator shall request the information at some point after the fundraising campaign is successful. To receive the reward, Backers agree to provide the requested information to the Project Creator.
  • MALIMALK does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
  • Project Creators are required at a best-effort basis to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
  • Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
  • Project Creators should not take any action in reliance on having the money pledged until they have the ability to withdraw and spend the money.
  • Because of occasional failures of payments from Backers, MALIMALK cannot guarantee the full receipt of the amount pledged minus fees.
  • MALIMALK and its payments partners will deduct their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
  • MALIMALK reserves the right to cancel a pledge at any time and for any reason.
  • MALIMALK reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. MALIMALK is not liable for any damages as a result of any of those actions. MALIMALK’s policy is not to comment on the reasons for any of those actions.
  • Project Creators are asked to verify their identity and their address before they can withdraw their funds from MALIMALK.
  • Project Creator verification will happen by the means of, but not limited to, the delivery of a Passport copy, a recent utility bill, and professional reference letters. MALIMALK reserves the right to accept or reject according to sole discretion and judgment the verification material provided by the Project Creator and may ask for further face-to-face due-diligence.

As a Project Creator you represent and promise MALIMALK that you:

1. Are the authorized representative of the Beneficiary with the authority:
   1. to solicit Contributions for the Beneficiary; and
   1. to bind the Beneficiary to the terms of this Agreement.
   1. Will comply with all the rules of Project Creators described above.
   1. Will respond promptly to Project Backers concerns regarding their contributions.
   1. Ensure all Contributions are disbursed properly and legally to the beneficiary Project Creator and all Contributions are used as described by the Campaign.
   1. Will reach a mutual satisfactory resolution between you and the Project Backers in case you are unable to receive your contributions, execute your project, or deliver the perks/rewards.
2. Use License
   1. Permission is granted to temporarily download material (information) on MALIMALK’s 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:
      1. Modify or copy the materials;
      1. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      1. Attempt to decompile or reverse engineer any software contained on MALIMALK’s web site;
      1. Remove any copyright or other proprietary notations from the materials; or
      1. Transfer the materials to another person or ”mirror” the materials on any other server.
   1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MALIMALK 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.
   1. By way of example, and not limitation, your promise means you will not use the Service:
      1. To offer, sell or distribute:
         1. Controlled substances (such as steroids, narcotics, tobacco products, prescription drugs, marijuana), medical devices or products or services presenting a risk to consumer safety.
         1. Drug paraphernalia
         1. Bullying, harassing, obscene or pornographic items, sexually oriented or explicit materials or services
         1. Stocks, bonds or other securities, real estate, insurance or banking or financial services
         1. Guns, ammunition, firearms, knives, weapons or accessories regulated by law
         1. Items promoting hate, personal injury, death, damage or destruction to property
         1. Items infringing or violating others’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information
      1. To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are illegal or, in our judgment and discretion, result in:
         1. Infringing or violating others’ Intellectual Property Rights and/or privacy rights or wrongfully disclosing or using confidential information
         1. Promoting terrorism, abuse, libel, hate, personal injury, property damage, violence, racial intolerance or financial exploitation
         1. Causing risk of or actual personal injury or tangible or intangible property damage
         1. Defaming an individual or entity
         1. A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance
         1. Unauthorized self-promotion
         1. Use of our widgets on sites containing content which is contrary to or violates this Agreement
      1. To:
         1. Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent
         1. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive including but not limited to “flooding” any group with posts
         1. Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment
         1. SPAM or use or launch any automated system, including without limitation, ”robots,” ”spiders,” ”offline readers,” etc., that accesses the Service in a manner that sends more request messages to the MALIMALK servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
         1. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service
         1. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity
         1. Make any false or misleading Post (such as false or misleading information in the Campaign, in your Campaign Profile (such as misrepresenting the Beneficiary or Campaign purpose) or in a comment)

You agree that you are responsible for protecting yourself from member content on MALIMALK that is perceived to be harmful. MALIMALK is not liable to any disputes between members.

Notwithstanding the foregoing, you acknowledge and agree that MALIMALK may, but is not obligated, in its sole discretion and judgment, to:

• Verify your use at any time as a Project Creator or Project Backer
  • Permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to or use of the Service or your account(s) or to remove any Member Content, Posts or other content or block any individual or entity for any reason (or no reason at all)
  • Delay or withhold the payment of or reverse or refund any Contributions or other amounts
  • All without notice and without liability for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement.

Discrepancies in or false or misleading statements or misrepresentations as to the Campaign, Beneficiary or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary will ensure that all Contributions are refunded promptly to all Contributors without deduction for any fees. These fees will be payable by the Project Creator.

• Disclaimer

The materials on MALIMALK’s web site are provided ”as is”. MALIMALK 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, MALIMALK 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.

• Limitations

In no event shall MALIMALK 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 MALIMALK’s Internet site, even if MALIMALK or a MALIMALK 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.

• Revisions and Errata

The materials appearing on MALIMALK’s web site could include technical, typographical, or photographic errors. MALIMALK does not warrant that any of the materials on its web site are accurate, complete, or current. MALIMALK may make changes to the materials contained on its web site at any time without notice. MALIMALK does not, however, make any commitment to update the materials.

• Links

MALIMALK 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 MALIMALK of the site. Use of any such linked web site is at the user’s own risk.

1. Site Terms of Use Modifications

MALIMALK may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

1. Governing Law

Any claim relating to MALIMALK’s web site shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions.

1. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

1. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
   1. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
   1. We will only retain personal information as long as necessary for the fulfillment of those purposes.
   1. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
   1. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
   1. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
   1. We will make readily available to customers information about our policies and practices relating to the management of personal information.