Terms of Service & Privacy Policy
Terms of Service Last modified: May 3, 2012

Thank you for choosing Photo Mambo! The Photo Mambo software and services (“The Service or Services”) is provided by Photo Mambo Inc., located at 2225 E. Bayshore Road, Suite 200 in Palo Alto, California, USA.

The Service is provided subject to the following Terms of Service, which may be periodically updated. By accessing or using our Services, you are agreeing to these terms. These Terms apply to all Users of the Services. The Services are accessed by you ("User" or "you") under the following terms and conditions:

1. DESCRIPTION OF PHOTO MAMBO PRODUCT AND SERVICES

The Service includes both Software and an integrated online service to receive, store, and deliver photographs and videos or other multimedia data (together referred to as “User Provided Content”). This Service is in BETA, and there is no guarantee that the Service will continue beyond a BETA phase. Photo Mambo has no obligation to continue the service. You may provide feedback in connection with the BETA version to feedback@photomambo.com

The software associated with The Service may update automatically on your device once a new version or feature is available.

Photo Mambo Inc. gives a license to use the software provided to you by Photo Mambo Inc. as part of The Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of The Service as provided by Photo Mambo Inc., in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of The Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The content provided to you may include advertisements, service announcements, and other such communications.

You understand that the content you provide will be stored, and may be reformatted, or otherwise altered by the service.

2. TRIAL VERSION

If you are registered for a trial use of The Service, you may use a copy of the trial version of The Service only for the amount of time specified in The Service or in the materials accompanying The Service; and in accordance with the license grant above, for a single user license. Each user is eligible for a single trial use of The Service. You agree that you will not attempt to circumvent the limitations on the Trial Version.

BY YOUR USE OF THE TRIAL VERSION OF THE = SERVICE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE AMOUNT OF TIME SPECIFIED IN THE SERVICE OR IN THE MATERIALS ACCOMPANYING THE SERVICE, YOU WILL NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SERVICE UNLESS YOU OBTAIN THE FULL VERSION OF THE SERVICE. PHOTOS YOU HAVE SHARED TO THE PHOTO MAMBO FRAME OF FAMILY AND FRIENDS WILL REMAIN ON THEIR COMPUTERS, AS WILL THEIR PHOTO MAMBO FRAME.

3. SUBSCRIPTION VERSION

If you are registered for a Subscription, the credit card, debit card, payment account, or bank account you provide with your registration will be debited, and will be automatically re-debited at the beginning of each applicable monthly or yearly membership term ("Renewal Term") at the then-current membership rate to maintain access to The Service. You may cancel your membership at any time, but we do not refund membership fees or prorate them for the period of time not used.

4. YOUR REGISTRATION OBLIGATIONS

In agreeing to these terms, you acknowledge that you are of legal age to form a binding contract.

You agree that the information you provide about yourself to us is accurate, and that the information you provide to us about third parties is accurate, and you have the permission of these third parties to provide their information.

You will receive a password and account designation upon completing The Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Photo Mambo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Photo Mambo cannot and will not be liable for any loss or damage arising from your failure to comply with these rules.

5. PRIVACY POLICY

Your data, and the User Provided Content you provide, is subject to the Privacy Policy of Photo Mambo. The Privacy Policy is incorporated in its entirety.

You understand and agree that Photo Mambo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety the company, the users of The Service, or the public.

6. MEMBER CONDUCT

You understand that all information, data, text, music, sound, photographs, graphics, video, tags, or other materials ("User Provided Content"), whether publicly posted, privately transmitted, or uploaded to the system (“made available”) are the sole responsibility of the person from whom such User Provided Content originated. This means that you are responsible for all User Provided Content that you upload, store, post, email, transmit or otherwise make available.

Photo Mambo does not control the User Provided Content and does not guarantee that such content is not offensive, of appropriate quality, or any other aspect of the Content. You understand that by using The Service, you may be exposed to User Provided Content that is offensive, indecent, or objectionable. Photo Mambo is designed for sharing photos between family members and close friends, and we strongly recommend you only accept photo sharing from people you know well and trust to minimize this possibility.

Our content policies play an important role in maintaining a good experience for you, the users. Please respect these guidelines. From time to time, we may change our content policies so please check back frequently. You agree to not use The Service to:

  • make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity;
  • make available any Content that you do not have a right to make available;
  • make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • make available any unsolicited or unauthorized advertising, promotional materials;
  • interfere with or disrupt The Service or servers or networks connected to The Service;
  • attempt to utilize the service to spam, or transmit malware or viruses;
  • "stalk" or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

Photo Mambo may or may not pre-screen User Provided Content, but The Service has the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Provided Content.

7. USER PROVIDED CONTENT SHARING

The Service allows you to share, post, and display User Provided Content, which may include photographs, videos, captions, and messages. Photo Mambo does not claim any intellectual property rights to that User Provided Content. In short, what belongs to you stays yours.

You give Photo Mambo a royalty-free and non-exclusive worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with The Service), communicate, and publish, such Content in order to provide The Service.

Photo Mambo allows you to choose the level of privacy with which you want to share your User Provided Content. Sharing via the Photo Mambo frame or Photo Mambo’s webview is a private sharing experience; the images are shared only with those people you choose to share with. Sharing via Photo Mambo’s Facebook sharing feature typically shares your images more broadly, and depends on the sharing and visibility settings you have set in your Facebook account. However, with even the most private photo sharing solutions, it is important to realize that once shared, photos cannot be retrieved, and the people with whom you share the photos are able to reshare, alter, post, or make public those images.

When you share pictures and other content to a friend or family member’s Photo Mambo Frame, they automatically receive a high resolution copy of each photograph you share. In using The Service, you expressly acknowledge that you are delivering, and intend to deliver, high resolution copies of your photographs to recipients when you send to them via the Photo Mambo Frame.

When sending pictures via Photo Mambo’s web view or through Photo Mambo’s Facebook sharing feature, recipients may be able to download good resolution copies of those images and to share them with others. In using The Service, you acknowledge that you intend for recipients to have this type of access to your images and that they may share those images to others without your knowledge.

When sharing photos to Facebook via Photo Mambo for the first time, it is important to check that there is no one already signed into Facebook on your computer, as Facebook will automatically share the images to that signed-in account.

8. INDEMNITY

You agree to indemnify and hold Photo Mambo harmless from any claim or demand, including reasonable attorneys' fees, made by any third party based on Content you make available through The Service, or as a result of your violation of these Terms of Service.

9. TERMINATION

You may terminate your Photo Mambo account at any time. However, User Provided Content that you uploaded will remain available to those you have previously provided access to even after you terminate your account.

Photo Mambo may, without prior notice, immediately terminate, limit your access to, or suspend your account, any associated email address, and access to The Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to The Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with The Service. All terminations, limitations of access and suspensions shall be made at Photo Mambo’s sole discretion. Photo Mambo is not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICEIS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTOMAMBO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PHOTOMAMBO MAKES NO WARRANTY THAT (i) THE SERVICESWILL MEET REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHOTOMAMBO SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

12. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.

13. PHOTOMAMBO’S INTELLECTUAL PROPERTY

You agree that Photo Mambo retains ownership of all copyrights, and trademarks, including trade names, service marks, logos and brand features. You agree not to use such features without permission.

14. MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that the User Provided Content on the Service violates your copyrights, trademarks, or intellectual property rights, please provide a Notification in accordance with the DMCA describing particularly the item or items to which you refer, and providing evidence of your claim of ownership of those rights, to: IPClaim@photomambo.com

15. OTHER CLAUSES

Entire Agreement. These Terms of Service, and the aspects incorporated by reference, constitute the entire agreement between you and Photo Mambo and govern your use of The Service.

Changes to the Terms of Service. These Terms of Service may be periodically updated. Any changes in the terms will be posted on this page, and when possible on the user’s web interface at least two weeks prior to taking effect. If you do not agree to the modified terms for The Service, you should discontinue your use of The Service. Continued use of the service is an affirmative consent to the changed terms.

Choice of Law and Forum. The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or The Service. All claims arising out of or relating to these terms or The Service will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Photo Mambo Inc. consent to personal jurisdiction in those courts.

Waiver and Severability of Terms. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have. If it turns out that a particular term is not enforceable, this will not affect any other terms.

Photo Mambo Privacy Policy Last modified: May 3, 2012

Photo Mambo is an online photo sharing service designed for sharing photos with family and friends. As you use our service, we want you to be clear how we’re using information and the ways in which you can protect your privacy.

Your privacy matters to us, so please do take the time to get to know our practices – and if you have any questions contact us.

1. INFORMATION WE COLLECT

We collect information to provide better services to all of our users – from figuring out basic information like your email address and list of people you share photos with, to more complex things like whether or not you’ve received photos from friends recently.

We collect information in two ways:

  • Information you give us. When you sign up for Photo Mambo, you provide certain information. This includes personal information, like your name, email address, telephone number, and/or credit card number. Additionally, during the use of the service, you will provide information such as the names, email addresses, nicknames, and relationships of people you wish to share photos with.
  • Information we get from your use of our services. We may collect information about how you use the Service, like when you visit our website, how long it’s been since you've sent or received photographs, and how frequently you share pictures. This information may include:
    • Device information: We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Photo Mambo may associate your device identifiers and/or phone number with your Photo Mambo Account.
    • Contact List and Other Destination Data: In order to share your photos according to your wishes, we collect information about people or applications you want to share photos with. We store this information so you do not have to enter it more than once.
    • Log information: When you use our services or view content provided by Photo Mambo, we may automatically collect and store certain information. This may include:
      • Details of how you used our service, such as number of times you shared photos and when you most recently shared them.
      • Device information, including telephone log information when you share data from your phone, like your phone number, calling-party number, time and date of connection, duration of connection, etc.
      • Internet protocol address.
      • Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request.
      • Cookies that may uniquely identify your browser or your Account.
  • Unique application numbers: Each installed copy of the Photo Mambo software may include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Photo Mambo when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
  • Local storage: We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
  • Cookies and anonymous identifiers: We use various technologies to collect and store information when you use Photo Mambo, and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with distribution partners, such as affiliate services. You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that our service may not function properly if your cookies are disabled.

2. HOW WE INTERNALLY USE INFORMATION WE COLLECT

We use the information we collect from all of our service to provide, maintain, protect and improve the Service, to develop new features and services, and to protect Photo Mambo and our users. For example, we use your list of photo recipients to share your pictures with those you’ve chosen to share with.

We also use this information to offer you personalized suggestions – like suggesting that you may want to share photos with someone who has not gotten pictures from you for a while. We may also use this data to offer you targeted advertising.

When you contact Photo Mambo, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services and to provide compensation to our distribution partners. For example, by saving the information that you first found out about Photo Mambo on a referring site, we will be able to compensate the referrer.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Photo Mambo processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

3. INFORMATION YOU SHARE

The focus of our service is to share photographs and messages others. Remember that when you share pictures with others, they have access to those photos and may use or reshare them. Do not share your photos or data with people you do not trust. We cannot control how such recipients use your data.

If you stop using the Photo Mambo service, we may retain your images on our servers for the sole purpose of continuing to share them with users to whom you have already shared them and/or for enabling you to rejoin as a member at a later time . For example, if your mother continued to use Photo Mambo after you cancelled the service, if she wanted to install her Photo Mambo Frame on a new device we would use the images you had shared with her in the past to fill her Photo Frame on the new device with the pictures she’d received over time. Once images have been shared, they cannot be recalled.

4. INFORMATION WE SHARE WITH OTHERS

We do not share personal information with companies, organizations and individuals outside of Photo Mambo unless one of the following circumstances apply:

  • With your consent: We will share personal information with companies, organizations or individuals outside of Photo Mambo when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information. We will also share personal information such as photographs on the publicly-viewed pages of the Photo Mambo website only with your permission. For example, we display a “featured Photo Mambo, a set of images shared by a user. User photos will only appear in the “featured Photo Mambo with explicit user permission.
  • For external processing: We may provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
  • For legal reasons: We will share personal information with companies, organizations or individuals outside of Photo Mambo if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    • Meet any applicable law, regulation, legal process, or enforceable governmental request.
    • Enforce applicable Terms of Service, including investigation of potential violations.
    • Detect, prevent, or otherwise address fraud, security or technical issues.
    • Protect against harm to the rights, property or safety of Photo Mambo, our users or the public as required or permitted by law.

We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our service.

If Photo Mambo is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

5. INFORMATION SECURITY

We work hard to protect Photo Mambo and our users from unauthorized access, distribution, alteration, disclosure or destruction of information we hold. In particular:

  • We encrypt portions of our service using SSL.
  • We review our information collection, storage and processing practices, to guard against unauthorized access to systems.
  • We restrict access to personal information to employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

6. CHANGES

Photo Mambo may change its Privacy Policy from time to time, and in Photo Mambo’s sole discretion. Photo Mambo encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of the Service after a change in the Privacy Policy will constitute your acceptance of such change.