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Terms & conditions

1. Terms of Service

1.1.Welcome to Mamaragan! These Terms of Service (this “Agreement” or “Terms”) is an agreement between you (“you”) and MMRGN s.r.o., ID Number: 53853211, registered at Nové Záhrady I, 11, 82105, Bratislava, Slovakia, registered in the Commercial Register maintained by Regional Court in Bratislava I, Section Sro, File 153690/B (“Mamaragan”, “we,” or “us”) and our affiliates. Mamaragan is a membership platform that enables creators to be paid by their fans. You must read, agree to, acknowledge, and accept all of the terms and conditions contained in this Agreement in order to use our website and all affiliated websites, including mobile websites, owned and operated by us, our predecessors or successors in interest, or our affiliates (collectively, the “Platform”), all services, applications, software, features and products that are accessible through our Platform that link to or reference this Agreement (together with the Platform, the “Services”) whether provided by us or our affiliates. The materials contained in this Platform are protected by applicable copyright and trademark law. Your use of the Service is subject to the terms of this Agreement, which may be updated from time to time. Your Agreement with us will also include the Privacy Policy available.. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.

1.2.By using Mamaragan you agree to these Terms and to the other policies we post. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie Policy. We can collect and use your information in accordance with those policies.

1.3.Some of the articles in these Terms have a summary in the beginning of the article called “TLDR”. These summaries are not legally binding, get to know all your rights and obligations arising from these Terms by reading these Terms in full.

2. Mamaragan Account

TLDR: To create an account you must be at least 13 years old. To subscribe to a creator or donate money a creator you must be at least 18 years old or have your parent’s written permission. You are responsible for your account.

 

2.1.When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.

2.2.To create an account, you must be at least 13 years old. To join a creator’s membership as a subscriber, to donate money, or provide membership as a creator, you must be at least 18 years old or have your parent’s written permission.

2.3.You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

 

3. Abusive conduct

TLDR: Do not violate our policies or law, if you do, we may terminate your account or take other action against you.

 

3.1.You are responsible for all activity on your account. If you violate our policies we may terminate your account.

3.2.Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Mamaragan, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership in our platform.

3.3.Our policies cover most issues, but if you find a new and creative way to hurt Mamaragan or our community we may, at our sole discretion, take action to prevent it.

3.4.Views expressed by creators on Mamaragan do not represent Mamaragan’s views.

 

3.5. By publishing posts in the Mamaragan application, you are giving the operator of this server, mmrgn, s.r.o. consent to the publication of these contributions or parts thereof on the website www.mamaranan.com and in the Mamaragan application and consent to their dissemination via electronic communication networks (especially via the Internet).

 

3.6. What is forbidden:

Treat other users of our services with respect. Any personal attacks, threats and harassment will be punished by deleting the post and / or your account.

 

Contributions are absolutely inadmissible:

  • advocating or inciting violence, bigotry, racism, political, civic, racial, national, religious and other intolerance and hatred of specific people or groups of people, in particular ethnic or religious groups,
  • contributions containing obscenities or vulgarities (whether hidden or direct), as well as contributions causing public outrage,
  • containing information that is false, semi-true, incomplete or that the user could not sufficiently verify, especially if it could harm other persons or groups of persons.
  • posts and comments containing a threat of physical assault or physical liquidation of another person, or texts inciting hatred (property or other) against third parties, including the discussants themselves.
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    It is forbidden to publish contributions in a foreign name, to impersonate an employee or administrator of the Mamaragan service or another (especially public) person who could feel harmed by such an action.

    It is not permissible to flood discussions more than once with the same post or post with the same factual content, multiple links to a specific website or post with graphic elements aimed at attracting attention to it (eg writing in capital letters).

    It is not allowed to advertise commercial products or private companies in the comments or to publish links to their websites.

    It is forbidden to include in the discussions texts that are not written by the discussants themselves (quotes), to the extent of more than one typical paragraph.

    It is forbidden to include in the discussions information about the identity of other discussants without their consent, especially their address or telephone number and the like.

     

    4.Being a creator

    A creator is someone who offers membership to subscribers on Mamaragan and is able to get the financial donation. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

     

    5.Membership

    To become a creator simply launch your page to start your membership. Mamaragan podcaster club Memberships are for your most passionate fans. You're inviting them to be part of something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, members pay Membership on a subscription basis. Mamaragan does not guarantee, that the member will get any content or benefits. It is up to the podcaster to describe what membership in Mamaragan podcaster club includes.

     

    6. Donations

    Donations are a type of membership and are given to the creator without return consideration. It is possible to donate in the name of a third party. All Donations are at your own risk. When you make a Donation through Mamaragan, it is your responsibility to understand how your money will be used. Mamaragan is not responsible for any offers, promises, rewards or Promotions made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws.

     

    7. Payments

     

    TLDR: We help creators get financial donation and offer membership to subscribers on a subscription or per creation basis. The membership payments are handled by payment processor Stripe.

     

    7.1.As a creator, you make your membership available on Mamaragan, and we provide membership to your subscribers on a subscription basis.

    7.2.You expressly understand and agree that Mamaragan shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Mamaragan shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.

    7.3.We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.

    7.4.We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block subscribers’ payments if we believe them to be fraudulent.

    7.5.You must not process stolen credit cards, or unauthorized credit cards through Stripe for pledges on our Platform.

    7.6.Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

    8. Payment and Pay-out Fees

    TLDR: The fee is currently 10% of any pledge. You need to add a payment card to Stripe to be able to subscribe to a creator. Depending on your location some banks may charge you a foreign transaction fee.

     

    8.1. There is currently only one payment and pay-out fee associated with the membership on Mamaragan that the creator will be charged by Mamaragan and that is 15 % of any pledge from each subscriber (“Fee”). The fee includes Stripe fee and Mamaragan fee. Mamaragan fee is designed to cover file storage and our development to keep advancing the Mamaragan platform for its users.

    8.2. If you are looking to subscribe to a profile you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor, Stripe (stripe.com). However, as far as legally possible, Mamaragan reserves the right to change the payment processors it uses at any time and without notice to you. Mamaragan does not store any payment card information.

    8.3. Depending on your subscribers’ locations, some banks may charge the subscriber a foreign transaction fee for their membership subscription or creation membership. Mamaragan does not control this charge.

    8.4. We reserve the right to change our fees and charge additional fees in the future for any type of transaction.

    8.5. Minimum pay-out amount is 50 EUR. If your balance is not at least 50 EUR on the pay-out date, it will not be paid to your account. If your balance will reach 50 EUR, it will be paid in next pay-out date. 

    9. Tax

    TLDR: We collect and report what we are required to collect and report. We pay taxes we are required to pay, and the creators are obliged to pay taxes that they are required to pay.

     

    9.1. We collect tax identification information and report this to tax authorities if we are legally required to do so. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received.

    9.2. We are responsible for a number of transactional taxes in different jurisdictions. These include but are not limited to VAT on payments for electronically supplied services to subscribers.

    9.3. For the purpose of electronically-supplied services, creators make a supply of those services to us, and then we supply them to the subscriber.

    9.4. In jurisdictions where Mamaragan is required to collect transaction tax from subscribers, pledges processed from subscribers will reflect the amount pledged plus the applicable tax. Applicable tax will not be taken from a pledge, but rather will be charged in addition to the pledge. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the pledge will be available on your earnings details page.

    9.5. As a creator on our site, it is your responsibility to determine what, if any, taxes apply to the pledges you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

    10. Restrictions

    TLDR: We do not allow creations that violate our policies or law, if we believe that the creation is in breach of our policies or law, we may remove it at our discretion. Fans under 18 years old need permission of their parents to join the creator’s membership. Creators are obliged to keep subscriber data safe. A creator’s account is untransferable.

     

    10.1. We don’t allow creations and benefits that violate our policies or law. A summary of those rules is that we don’t allow:

  • Illegal creations or benefits.
  • Creations or benefits that are abusive towards other people.
  • Creations or benefits that use others' intellectual property, unless you have written permission to use it or your use is protected by fair use.
  • Benefits that involve raffles or prizes based on chance.
  •  

    If we reasonably believe that any creation or content uploaded on our Services by anyone is in breach of these Terms or may cause harm to Mamaragan, our subscribers or creators, or third parties, we may remove or take down that creation or content at our discretion.

     

    10.2. If your fans include people under the age of 18, then please remind them that they need permission to join your membership, and those under the age of 13 cannot use Mamaragan. We are not required to allow any particular person or group of persons to be your subscriber.

    10.3. As a creator, you are also responsible for keeping subscriber data safe.

    10.4. An account is tied to your creative output and cannot be sold or transferred for use by another creator.

     

    11. Being a subscriber

    TLDR: A subscriber is someone who joins a creator's membership on Mamaragan. Depending on which membership type you choose, you will be charged either a set amount per month. You can cancel your membership subscription at any time.

     

    11.1. To become a subscriber simply create an account, complete the transaction via Stripe and join a creator’s membership!

    11.2. There is currently one type of membership:

    Monthly membership subscription where you pay the creator per month and get access to all of the creator's creations that are published for members and other benefits that the creator offers, such as physical goods, discount coupons, etc.

     

    11.3. The timing and amount of each membership subscription depend on the type of membership agreement you enter into, and the creator you subscribe to. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your membership page.

    11.4. Your monthly membership subscription will continue until terminated. You may cancel your monthly membership subscription payments at any time. Terminating or lowering the tier of membership subscription will go into effect in the subsequent (not current) payment term. Unless you cancel your membership before your payment term, you authorize us to charge the membership fee for the subsequent payment term to your payment card via our payment processor.

    11.5. For monthly payments, cancelling your subscription may result in your loss of access to a creator’s subscriber-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a subscriber of any particular creator.

    11.6. Creators’ memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep Mamaragan safe.

    11.7. If you are located in the jurisdiction in which Mamaragan is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription/payment. Mamaragan remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.

    11.8. Depending on your location, some banks may charge you  a  foreign transaction fee for your membership subscription/payment. Mamaragan does not control this charge. Please contact your bank for more information.

    11.9. Do not try to repeat anything from the creators' creations on our Platform. In some cases, the creators might be trained specialists and for anybody else, the activity performed in the creation could be too dangerous. Mamaragan is not responsible for any attempt to repeat anything you see on our Platform.

    11.10. Mamaragan is not responsible for your mobile data usage (or other means of connecting) while you use our Service, please keep in mind to check your data usage if you do not wish to exceed your data allowance by your service provider.

     

    12. Refunds

    Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

    13. Mamaragan’s role

    TLDR: We try to monitor pages and posts on Mamaragan and review reported pages to identify potential violations of these Terms, other policies or law. If you see any violation, please let us know!

     

    13.1. We proactively look at some pages and posts on Mamaragan to make sure creators follow these Terms. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Mamaragan.

    13.2. In most situations, we will work with creators to resolve any potential violations and allow the creator to continue using Mamaragan. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

    13.3. Mamaragan reserves the right to remove a creator or subscriber from participating in memberships. Removal of the creator or subscriber from participation in memberships will prohibit the creator from accepting new payments, and prohibit the subscriber from making new payments, but will not result in the automatic removal of the creator or subscriber from the Platform unless there is an independent basis for their removal from the Platform.

    13.4. Please let us know if you see potential violations of these Terms.

    13.5. We are constantly testing out new features with the goal of making Mamaragan better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test.

    13.6. With your permission, we may give other websites or services the ability to verify information about your Mamaragan account or perform actions on your behalf. This permission is asked for when you connect your Mamaragan account to these other websites or services. You can learn more in our Privacy Policy.

     

    14. Deleting an Account

    TLDR: If you would like to, you may delete your account. We can terminate or disable your account at our discretion.

     

    14.1. You can permanently delete your account by accessing your profile settings. On that page, you can also see what information is deleted and what we continue to store after the account is deleted.

    14.2. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.

    14.3. These Terms remain in effect even if you no longer have an account.

     

    15. Creations

    TLDR: You permit us to use your creations on Mamaragan, but you keep complete ownership of them. Make sure you have the right to use creations that you offer on Mamaragan.

     

    15.1. You keep full ownership of all creations that you offer on Mamaragan, but we need licenses from you to operate Mamaragan effectively.

    15.2. By posting creations on Mamaragan you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your subscribers. We will never try to steal your creations or use them in an exploitative way.

    15.3. You may not post creations that infringe others' intellectual property or proprietary rights.

    15.4. You are also responsible for all content created or provided by you on our Platform. You understand and acknowledge that you are responsible for any content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

    15.5. Subscribers may not use creations posted by creators in any way not authorized by the creator.

     

    16. Third-party apps

    TLDR: To get the most out of our Platform you may grant Mamaragan permission to access third-party apps. You may revoke this permission at any time.

     

    16.1. You may grant Mamaragan access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some Mamaragan features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Mamaragan can access.

    16.2. At any time, you can revoke Mamaragan’s access to those accounts using the respective third party’s security settings page.

    17. Mamaragan’s creations

    TLDR: We encourage you to use our intellectual property to promote your Mamaragan page, but do not use our intellectual property for anything else without permission.

     

    17.1. Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Mamaragan page.

    17.2. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

     

    18. Indemnity

    TLDR: To the extent permitted by law, you indemnify us from all losses and liabilities, including legal fees, that arise from these Terms.

     

    18.1. To the extent permitted by law, you will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of Mamaragan. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you will help us in our defence.

    18.2. Your obligation to indemnify under this clause also applies to  our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

     

    19. Warranty disclaimer

    TLDR: Mamaragan is provided “as is” and without any warranty.

     

    19.1. Mamaragan is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

    19.2. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third-party service providers.

    19.3. You acknowledge and agree that Mamaragan shall not be responsible for any loss of data uploaded on the Platform. We strongly recommend you to regularly back up the data that you do not want to lose.

    20. Limitation of liability

    TLDR: To the extent permitted by law, we are released from liability. If you lose money as a result of using Mamaragan, any payment to you is limited to the amount of money we have earned through your use of Mamaragan.

     

    20.1. To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of Mamaragan. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Mamaragan. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

     

    20.2. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers.

     

    21. Dispute resolution and Governing law

    TLDR: Please try to resolve any disputes with us amicably. These Terms are governed by the laws of the Slovak Republic and disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Slovak Republic.

     

    21.1. We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of Mamaragan, and it cannot be resolved after you talk with us, then it must be resolved by competent courts.

    21.2. These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

    21.3. All disputes arising from these Terms shall be the exclusive jurisdiction of the competent courts of the Slovak Republic.

    22. Miscellaneous

    TLDR: These Terms and other policies are the entire Agreement between you and us. We may sometimes make changes to these Terms and other policies, if we do so significantly, we will let you know!

     

    22.1. These Terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these Terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.

    22.2. Specifically excluded from application to these Terms is the law known as the United Nations Convention on the International Sale of Goods.

    22.3. We may sometimes make changes to these Terms and other policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Mamaragan after a change means you accept the new terms or policies.

    22.4. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

    22.5. If you have any questions or concerns regarding these Terms or other policies, please contact us.

    Effective February 2, 2022

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