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Gambassa Terms of Services

This Statement of Rights and Responsibilities for Gambassa,com "Gambassa" governs our relationship with users and others who interact with Gambassa. By using or accessing Gambassa, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Gambassa. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on Gambassa, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Gambassa, you agree to the following:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Gambassa ("IP License").
2. Gambassa utilizes Audit Trails or historical chronological events logs with References to the data contributions of users on our servers. These Audit Trails are created on a per project basis and are intrinsic to the data structure of Projects. The data in the Audit Trail will remain accessible to the public so as long as the Project remains in existence. Any Contributions made to Projects, will exist within an Audit Trail. User understands that deleting a profile does not delete the audit trail of a project. Gambassa is a Group Collaboration Software and the contributions of one profile become intermingled with the contributions of other users.
3. We always appreciate your feedback or other suggestions about Gambassa, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep Gambassa safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access Gambassa, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content.
8. You will not use Gambassa to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

Gambassa users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Gambassa, or create an account for anyone other than yourself without permission.
2. You will not use Gambassa if you are under 13.
3. You will not use Gambassa if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not use Gambassa if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Gambassa that infringes someone else's rights or otherwise violates the law.
2. We can remove any content you post on Gambassa if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights.
4. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including Gambassa and Gambassa Logos) without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not Gambassa) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financial information on Gambassa.

6. Special Provisions Applicable to Web Resources

If you include our Web Resources, the following additional terms apply to you:
1. We give you permission to use Gambassa's Web Resources application so that users can post links or content from your website on Gambassa.
2. You give us permission to use such links and content on Gambassa.
3. You will not create a Web Resource containing content that would violate this Statement if used in Gambassa.

7. Special Provisions Applicable to Authors/Managers of Gambassa

If you are a Author of a Curriculum application or a website, the following additional terms apply to you:
1. You are responsible for your curriculum and its content and all uses you make of curriculum. This includes ensuring your application or use of curriculum meets our Curriculum Guidelines.
2. When users use your curriculum or access it from their Gambassa account, they give permission for you to receive certain data relating to them. Your access to and use of that data will be limited as follows:
(1). You will only use the data you receive for your curriculum, and will only use it in connection with Gambassa.
(2). You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
(3). You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings without the user's consent.
(4). You will delete all data you received from us relating to any user who removes or disconnects from your application unless otherwise permitted in our Curriculum Guidelines.
(5). You will delete all data you received from Gambassa if we disable your application or ask you to do so.
(6). We can require you to update any data you have received from us.
(7). We can limit your access to data.
(8). You will not transfer the data you receive from us without our prior consent.
3. You will not give us data that you independently collect from a user or a user's content without that user's consent.
4. You will make it easy for users to remove or disconnect from your curriculum.
5. You will make it easy for users to contact you. We can also share your email address with users.
6. You will provide customer support for your curriculum.
7. You will not show ads or web search boxes on Gambassa profiles.
8. You will not misrepresent your relationship with Gambassa to others.
9. You may use the logos we make available to authors or issue a press release or other public statement so long as you follow our Platform Guidelines.
10. We can issue a press release describing our relationship with you.
11. You will comply with all applicable laws. In particular you will (if applicable):
(1). have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
(2). Comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Gambassa user data subject to the VPPA. You acknowledge Gambassa has no obligations under the VPPA.
12. We do not guarantee that hosting curricula will always be free.
13. You give us all rights necessary to enable your application to work with Gambassa, including the right to:
(1). incorporate your content into streams, profiles, and user action stories;
(2). link to or frame your curriculum; and
(3). place content, including ads, around your curriculum.
14. We can analyze your curriculum, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
15. To ensure your curriculum is safe for users, we can audit it.
16. We can create curriculums that offer similar features and services to your curriculum.

8. About Advertisements on Gambassa

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
1. We do not give your content to advertisers.
2. You understand that we may not always identify paid services and communications as such.

9. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on Gambassa. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
3. Your ads will comply with our Ad Guidelines
4. We will determine the size, placement, and positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
7. You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
8. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
10. We can use your ads and related information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with Gambassa without written permission.
12. We may reject or remove any ad for any reason.
13. You warrant that you have the legal authority to bind the advertiser to this Statement.
14. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

10. Amendments

1. We can change this Statement so long as we provide you notice through Gambassa (unless you opt-out of such notice) and an opportunity to comment.
2. For changes to sections relating to payments, curriculum authors, and advertisers we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
3. We can make changes for legal or administrative reasons upon notice without opportunity to comment.

11. Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Gambassa to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 7.1-7.3, 7.9, 7.10, 7.13, 7.15.1, 7.18, 8.3, 9.2, 9.5, 9.6, 9.9, 9.10, 9.13, 9.14, and 11-14.

12. Disputes

1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Gambassa in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on Gambassa, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP GAMBASSA UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING GAMBASSA "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT GAMBASSA WILL BE SAFE OR SECURE. GAMBASSA IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ¡ì1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GAMBASSA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GAMBASSA WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GAMBASSA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Definitions

1. By "Gambassa" we mean the features and services we make available, including through (a) our website at www.Gambassa.com and any other Gambassa branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean Gambassa, Glasstorch, Inc. and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, authors, managers or services to retrieve data from Gambassa and provide data to us relating to Gambassa users.
4. By "content" we mean the content and information you post on Gambassa, including information about you and the actions you take.
5. By "post" we mean post on Gambassa or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

14. Other

1. This Statement makes up the entire agreement between the parties regarding Gambassa.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.

e-Commerce transactions

Gambassa.com is owned and operated by Glasstorch Inc. Credit card statement transactions may list "Glasstorch Inc," or "Gambassa."

Returns and Refunds Policy

Physical products may not be returned without our prior authorization. We will give full credit for merchandise returned due to defects, subject to the terms of the manufacturer's warranty. We will also issue full credit for errors by us provided your request is made within seven days (7) of your receipt of the merchandise or up to 30 days from the time of purchase. Returns due to customer error or change in requirements -may- be subject to a 35% restocking charge; outbound freight not originally billed to the customer and return freight charges. We also reserve the right to refuse return authorization. Return authorization may be requested emailing accounts@gambassa.com. We reserve the right to refuse unauthorized returns.
Virtual products may not be returned once they have been licensed. Prior to licensing, they may be returned within 30 days of purchase and may be subject to a small processing fee. If a processing fee is to be assessed, you will be notified beforehand.
Purchases for Services and Admissions to Events sold through Gambassa are not returnable and are not Refundable.

Shipping / Delivery Policy

All shipments are made FOB shipping point. In the event of loss or damage to a shipment, you must note any shortages or damages on the delivery receipt, and then request the delivering carrier to make an inspection. A claim must then be filed on the carrier without delay. Claims for concealed loss or damage must also be filed with the carrier immediately upon discovery. While we do not assume any responsibility for freight claims, we will provide reasonable assistance to help you bring about a settlement with the transportation company.

Payment Terms

All sales are subject to payment at time of order placement. We accept Visa, MasterCard, Discover, and American Express. You may also mail a paper check after entering your order. Companies or Organizations may submit a credit application for terms for use with PO. Terms are extended on a select basis uses special criterion, including running credit, financial background check and references. Terms are also not generally extended for orders less than $1,000.00, though exceptions can be made on a petition basis. It is our desire to work with you and we're committed to finding the most effective way to do so.

Freight and Handling Charges

If we advertise a flat charge to ship, then we will bill only for that amount. The amount of any freight or handling charges will be stated prior to requesting your payment information. Also, at times, we may impose a small order charge. If we do, you will be advised prior to submitting your payment information. Orders that are too large or are for areas not covered by the online shipping calculator will be calculated manually and billed to that amount. If this occures, during check out, a message will say "To Be Billed." Contact us before placing your order to receive a quote. If you submit an order without calling us to receive a quote, we will email and/or call you before shipping.

Order Acceptance

All orders are subject to our acceptance and availability of product. Canadian orders, as with other international orders may be subject to an order compliance review which includes, but is not limited to observing import restrictions imposed by customer's government. We are not liable for products ordered internationally that do not meet local requirements. We reserve the right to not fulfill an order, restock an order, replace any order due to legal restrictions. Though we exercise diligence in regards to international orders, it is the sole responsibility of the purchasee to ensure that products satisfy local requirements. It is our intent to deliver your order promptly. We will not be liable for damages due to delivery delays of any kind

Virtual Goods and Software

All virtual products and software offered through Gambassa are designed and tested to work on modern computers and devices before deployment. While we test for common configurations, we cannot possibly know all variations of installations, network configurations, host configurations, or settings outside the control of or connected to the software. In the event that your device is experiencing troubles, the limit of our warranty is to offer a "fix" or "Work around," if one is to be known. We do release updates regulary and customer is entitled to receive updates to the current version of their license.

Contact Us

Glasstorch Inc / Gambassa
accounts at gambassa.com
310-256-3281 (M-F, 9am-5pm PST)