Effective as of July, 15th 2012
Only parties that can lawfully enter into and form legal contracts may use the Services. If you use the Services, you represent to us that you are at least eighteen (18) years old and may lawfully enter into and form binding contracts. Before you may become a Registered User (as defined below) of Sumpto, you must read and accept all of the terms and conditions in this Agreement.
1. DESCRIPTION OF SERVICES
Sumpto allows registered users (“Registered Users”) to claim certain Sumpto Rewards (“Rewards”) of a third party brand (a “Brand”) and given the option to share with their friends (each such person, a “Contact”) in the Registered User’s social network platform (a “Social Network Platform”).
We are not a party to any transaction between a Brand and you or your Contacts. Accordingly, we shall have no liability to any party in connection with such transactions. In addition:
We provide Visitors and Registered Users with access to the Website as described in this Agreement.
Visitors. Visitors, as the term implies, are people who don’t register with us, but want to look around and see what the Services are all about. No login is required for Visitors. Visitors can (a) view publicly accessible content, and (b) e-mail us.
Registered Users. Login is required for all Registered User services. Registered Users can do all the things that Visitors can do, and may also (a) share Content with their Contacts, (b) update their accounts, and (c) receive alerts and other notifications.
We are under no obligation to accept any individual as a Registered User, and may accept or reject any registration in our sole and complete discretion.
3. USAGE GUIDELINES
Sumpto’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
You will not use the Services for any unlawful purpose;
You will not use the Services in violation of the terms and conditions of an applicable Social Network Platform, and you shall be solely responsible for any breach of such terms and conditions;
You will not circumvent or manipulate the Services or the Website;
You will not submit false or misleading information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Other than claiming Rewards, you will not use the Services to engage in any other commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights or confidential information of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
You will not “stalk” or otherwise harass another; and
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any materials that do not adhere to these guidelines. The Website may contain robot exclusion headers. Much of the information on the Website is updated on a real-time basis and is proprietary to us, our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to us) from the Website without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (d) bypass any measures we may use to prevent or restrict access to the Website. Notwithstanding the foregoing, Sumpto grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately prevent or restrict access to the Website or the Services, or take any other action in case of technical problems, objectionable material, inaccuracies, or actions otherwise prohibited by our policies and rules, or for any other reason.
4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process, we will ask you to create an account, which may include a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Sumpto will not be liable for any loss or damage caused by any unauthorized use of your account.
By registering for an account, you represent and warrant that you are currently enrolled as a student at a college or university in the United States of America, and that the e-mail address you provide is your student e-mail address.
5. INTELLECTUAL PROPERTY
a) Site License. The Services may contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Sumpto (collectively referred to as the “Sumpto IP”). The Sumpto IP may be owned by us or by third parties. The Sumpto IP is protected under both United States and foreign laws. Unauthorized use of the Sumpto IP may violate copyright, trademark, and other laws. You have no rights in or to the Sumpto IP, and you will not use the Sumpto IP except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Sumpto IP on any copy you make of the Sumpto IP. You may not sell, transfer, assign, license, sublicense, or modify the Sumpto IP or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Sumpto IP in any way for any public or commercial purpose. The use or posting of the Sumpto IP on any other website or in a networked computer environment for any purpose is expressly prohibited.
(b) If you violate any part of this Agreement, your permission to access and/or use the Sumpto IP and the Services automatically terminates and you must immediately destroy any copies you have made of the Sumpto IP.
(c) The trademarks, service marks, and logos of Sumpto (“Sumpto Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Sumpto LLC. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Sumpto Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Sumpto Trademarks inures to our benefit.
(d) Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Sumpto IP may be retransmitted without our express, written consent for each and every instance.
(e) In connection with applicable Content, Sumpto grants you a limited, revocable, non-transferable, non-sublicensable license to share such Content only through the Services.
6. COMMUNICATIONS TO US
With respect to all communications you send to us specifically concerning Sumpto or our Services, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, ANY BRANDS, REWARDS, OR OTHER REGISTERED USERS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SUMPTO IP, TRADEMARKS, REWARDS, AND THE SERVICES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THEIR SERVERS, THE WEBSITE, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT, OR ARISING IN CONNECTION WITH ANY BRAND OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. THE SERVICES MAY CONTAIN OFFERS THAT ARE NOT AVAILABLE IN EVERY LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
8. EXTERNAL SITES
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. EXTERNAL SITES: SUMPTO REWARDS
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. In addition, you may be able to claim Rewards based on your Sumpto Score. Sumpto has no control over such sites, resources or rewards and Sumpto is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Sumpto will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Rewards, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Sumpto is not liable for any loss or claim that you may have against any such third party.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your access to, use, or misuse of the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. COMPLIANCE WITH APPLICABLE LAWS AND SOCIAL NETWORK PLATFORM TERMS AND CONDITIONS
The Services are based in the United States. We make no claims concerning whether the Content or other Sumpto IP may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Sumpto IP from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for compliance with the terms and conditions of any Social Network Platform used in connection with the Services.
12. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
Sumpto respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Sumpto IP or Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Sumpto LLC Attention: Sumpto DMCA DMCA@sumpto.com
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Florida; and (ii) that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Sumpto, either specific or general, in jurisdictions other than Florida. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Sections 5(a)-(d), and 7-13.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
© Copyright 2012 Sumpto LLC. All rights reserved.