August 1st, 2012
Full Legal Agreement
This document constitutes the entire Agreement ("Agreement") between Sumo and you with respect to your use of the Service. Please read this agreement carefully before using the Service. Your use of the Service constitutes your acceptance and you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement you will not have any right to use the Service. Sumo's acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement.
The purpose of Sumoing Services and Applications found in, http://www.sumopaint.com, (the "Service"), owned and operated by Sumoing Oy ("Sumo"), is to provide creation and sharing services of images and art. If you have any questions concerning Sumo or the Service, please contact us via email at email@example.com
The Service is accessed by you ("User") under the following terms and conditions:
1. Access to the Service
The Service is provided by Sumo on an "as is" and "as available" basis and Sumo reserves the right to modify, suspend or discontinue the Service or a part of it, in its sole discretion, at any time and without notice. YOU AGREE THAT NEITHER SUMO NOR THE SERVICE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICE, THE SITE, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.
Sumo may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Sumo reserves the right, at its discretion, to modify these terms and conditions of this Agreement at any time by posting a notice on the Service site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Service following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You certify to Sumo that if you are of legal age to form a contract with Sumo and not barred from receiving the Service under the laws of the country in which you are resident or from which you use the Service.
2. The Service and Content
The Service and its contents are intended solely for the use of Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Service, other than content developed or posted by User ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("Content") are the property of Sumo and/or third parties and are protected by international copyright laws. As between you and Sumo, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to Sumo under this Agreement).
All trademarks, service marks, and trade names which appear on the Service (other than those appearing in any User Content) are proprietary to Sumo and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to international copyright laws. Except to the extent you have acquired rights to the Content or the relevant Content is subject to the Creative Commons license (as described below), you may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Service in whole or in part.
As a User, you may elect to offer a portion or all of your User Content (your "Offered Content") for sale to other Users. Sumo may also offer Content for sale for Users. The Billing Services supported by the Service may be changed from time to time at the sole discretion of the Service, upon prior notice to you. All sales of User Content made by you using the Service shall be subject to percentage fees of the gross sale amount. The percentage fees will be informed in the Service. Sumo prohibits the use of Contributor and Subscriber contact information obtained from the Service to complete transactions outside of the Service.
With respect to each work contained in your Offered Content you will need to select from a list provided by the Service the price for such work. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR SALE MADE OVER THE SERVICE WILL BE BETWEEN YOU AND THE PURCHASER OF SUCH OFFERED CONTENT AND THEREFORE NEITHER THE SERVICE NOR SUMO WILL BE A PARTY TO ANY SUCH TRANSACTION AND YOU HEREBY AGREE TO INDEMNIFY THE SERVICE AND SUMO AGAINST ANY COST, EXPENSE OR LOSS ASSOCIATED WITH SUCH TRANSACTION.
As a condition to acquiring any rights in any of the Offered Content, you hereby agree and acknowledge as follows: (i) any transaction that occurs with respect to the Offered Content is solely between you and the User posting such Offered Content, and (ii) neither the Service nor Sumo make any representations or warranties with respect to the ownership, copyright, trademark, infringement or other intellectual property rights associated with the Offered Content; and You hereby agree to indemnify Sumo against any cost, expense or other loss incurred with respect to any claim of a third party that your use of the Offered Content violates their intellectual property rights.
If you purchase rights to any Offered Content from the Service, you hereby authorize Sumo to reveal to the User offering the Content and/or a Billing Service such portion of your registration information as is necessary or desirable to consummate such purchase.
Notwithstanding the foregoing, certain of the Content made available on the Service, which may include User Content and/or Content owned by Sumo, is licensed to you under the terms of a Creative Commons License.
The Service may enable Users to develop derivative works based on other Users' Content. In the event you use the Service to develop a derivative work of another User's Content with that User's permission, as between you and the User who developed the original work, you own and retain sole and exclusive right, title and interest in and to your derivative work, and the User who developed the original work retains the sole and exclusive right, title and interest in and to the original work. In the event you permit other Users to use the Service to develop derivative works based on your User Content, as between you and the User who developed the derivative work, you own and retain sole and exclusive right, title and interest in and to your original work, and the User who developed the derivative work retains the sole and exclusive right, title and interest in and to the derivative work.
You acknowledge and agree that if you use the Service to contribute User Content to the Site in such manner as to make it available to all users or to permit third parties to contribute Content through your User account, Sumo will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable (including, without limitation, by means of a Creative Commons License) right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of Sumo or the Service by such third parties. You warrant, represent and agree that you have the right to grant Sumo and the Service the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
Sumo reserves the right to remove any User Content from the Service, suspend or terminate your right to use the Service at any time at its discretion. You are responsible for all Content posted or developed under your account, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form).
You agree that you will reuse all Content (other than any User Content which you have created) licensed by Sumo or any User under the terms of a Creative Commons License in accordance with the terms of that license. To satisfy our attribution requirements, you should include a direct link back to sumoing.com.
Any comments, suggestions, or feedback relating to the Service (collectively "Feedback") submitted to Sumo shall become the property of Sumo or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations.
3. Warranty Disclaimer
You acknowledge that Sumo has no control over, and no duty to take any action regarding: which Users gain access to the Service; which Content you access via the Service; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Service is provided by and is the responsibility of the User who posted the Content. Sumo does not monitor the Content and takes no responsibility for such Content. You release Sumo from all liability for your having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Sumo makes no representations concerning any content contained in or accessed through the Service, and Sumo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SUMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICE WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, SUMO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICE PROVIDED. BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT SUMO IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS WITHOUT PAYMENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
You will indemnify and hold Sumo, its directors, officers and employees (the "Sumo Indemnified Parties"), harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Service, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
5. Limitation of liability
IN NO EVENT SHALL SUMO, ITS DIRECTORS, OFFICERS, SHAREHOLDERS OR EMPLOYEES BE LIABLE WITH RESPECT TO THE SERVICE FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. SUMO'S AND THE SERVICE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS.
Either party may terminate the Service at any time by notifying the other party by any means. Sumo may also terminate or suspend the Service immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service, and access the site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Sumo or the Service, including without limitation any indemnification obligations contained herein.
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