B. The Services may contain links to third party websites and applications that are not owned or controlled by Sumcollab. Sumcollab has no control over, and Sumcollab has no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Services, you expressly relieve Sumcollab from any and all liability arising from your use of any third-party websites and/or applications.
C. Sumcollab may offer Services through applications built using SUM’s platform (“Sumcollab Applications”). Examples of Sumcollab Applications include its smart phone applications (e.g., Android and iOS), and “Share” buttons and other interactive plugins distributed on websites and applications across the web. Sumcollab Applications are distinct from third party Platform Applications addressed herein. If you use a Sumcollab Application or interact with a website or application that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Sumcollab plugins that load in your browser may be communicated to us. Further, by importing any of your Sumcollab data through the Sumcollab Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Sumcollab account information to ensure that your messages are not sent to the person that acquires your old number and this is solely your responsibility; failure to do so may result in your messages or other information being sent to your old number and will not result in any liability for Sumcollab. You acknowledge you are responsible for all charges and necessary permissions related to accessing Sumcollab through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
A. In order to access the Services, you will have to create a Sumcollab account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sumcollab immediately of any breach of security or unauthorized use of your account.
B. Although Sumcollab will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sumcollab or others due to such unauthorized use.
C. To be eligible to use Sumcollab’s website and applications, you must meet the following criteria and represent and warrant the following:
1. You are 13 years of age or older. You will not create an account if you are under 13 years of age;
2. You are not currently restricted from the Services, or not otherwise prohibited from having a Sumcollab account. You are restricted from using, accessing, and creating an account with Sumcollab if you are a convicted sex offender;
3. You agree that you will create no more than one account and will only maintain one account at any given time. Using multiple accounts for any malicious activity will result in immediate account termination in Sumcollab’s sole discretion;
4. You are not a competitor of Sumcollab or are not using the services for reasons that are in competition with Sumcollab;
5. You are using your real name and only provided accurate information to Sumcollab;
7. You will not violate any rights of Sumcollab or third party, including intellectual property rights such as copyright or trademark rights; and
8. You agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
F. The profile you create on Sumcollab will become part of Sumcollab and, except for the content and information that you license to us, is owned by Sumcollab. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Sumcollab account to another party; and (5) not charge anyone for access to any portion of Sumcollab, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Sumcollab account, respectively, please visit Sumcollab’s customer support. The administration of the site reserves the right to terminate any account without notice.
4. GENERAL USE OF THE SERVICES
A. You agree not to distribute in any medium any part of Sumcollab’s website or applications, including but not limited to User Submissions (defined below), without Sumcollab’s prior written authorization.
B. You agree not to alter or modify any part of Sumcollab’s website or applications.
C. You agree not to access User Submissions (defined below) or Sumcollab content through any technology or means other than the website and applications, including the mobile application.
D. By using the Sumcollab Services, you may be exposed to other Users’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, Sumcollab does not review or filter such content. You agree and acknowledge that Sumcollab is not responsible for other Users’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon. The Services may include links to third party web sites (“Third-Party Sites”) on our website or applications.
F. You agree not to use the Services for any commercial use, without the prior written authorization of Sumcollab. Prohibited commercial uses include any of the following actions taken without Sumcollab’s express approval: (1) sale of access to the websites and applications or its related services on another website or application; (2) use of the website or application or its related services for the primary purpose of gaining advertising or subscription revenue; (3) the sale of advertising, on the Sumcollab website or application or any third-party websites or applications, targeted to the content of specific User Submissions or Sumcollab content; and (4) any use of the Sumcollab website or application or its related services that Sumcollab finds, in its sole discretion, to use Sumcollab’s resources or User Submissions with the effect of competing with or displacing the market for Sumcollab, Sumcollab content, or its User Submissions.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website and/or applications and sends more messages to the Sumcollab servers in a given period of time than any human could reasonably send in the same amount of time by using a conventional on-line web browser. However, Sumcollab grants the public search engine operators permission to use spiders to copy materials from the site 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. Sumcollab reserves the right to revoke these exceptions either generally or in specific cases at any time. You agree not to collect or harvest any personally identifiable information, including account names, from the Sumcollab website or applications, nor to use the communication systems provided by the website and applications (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users with respect to their User Submissions.
I. Sumcollab reserves the right to discontinue any feature of the Sumcollab website, applications, or the Services at any time. Sumcollab also reserves the right to change, alter, remove, suspend, or terminate any feature, service, material, purpose or any other aspect of the website, applications, or Services without notice to Users.
5. USE OF CONTENT ON THE WEBSITE & APPLICATIONS
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Sumcollab website and applications:
A. The content on the Sumcollab website and applications, except all User Submissions (as defined below), are owned by or licensed to Sumcollab, subject to copyright and other intellectual property rights under the law, including without limitation, the text, user submissions, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like or any other material that is located on Sumcollab.com or any other application, mobile or otherwise, associated with Sumcollab.com ("Content") and the trademarks, service marks and logos contained therein ("Marks"). Content on the Sumcollab website and applications is provided to you “as is” for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sumcollab reserves all rights in and to the Sumcollab websites and applications and the Content, except as expressly granted herein.
B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Services.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the websites or applications for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sumcollab website or applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sumcollab website and applications or the Content therein.
F. You understand that when using the Sumcollab website or applications you will be exposed to User Submissions from a variety of sources, and Sumcollab is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sumcollab with respect thereto, and agree to indemnify and hold Sumcollab, its owners, operators, officers, directors, employees, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. Sumcollab offers Users the ability to self-organize by creating teams, groups, and collaborations. Collaboration Rooms (“Collab Rooms”) are designed to host projects either individual, brand or group creates. These Collab Rooms are for organizational purposes, which allows Users to communicate, upload, download, share content, and other assets, i.e. video, audio, documents, etc. The purpose of Collab Rooms is to create something. Please note that ideas you post and information you share may be seen and used by other Sumcollab members or, if public, by visitors, and Sumcollab cannot guarantee that other Users will or will not use the ideas and information that you share on Sumcollab, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Collab Room, into your Network Updates, or elsewhere on Sumcollab. SUMCOLLAB IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON SUMCOLLAB.
6. USER SUBMISSIONS AND CONDUCT
A. As a Sumcollab account holder, you may submit textual, audio, visual, or audiovisual content, including but not limited to ideas, feedback, pitches, artwork, photographs, videos, drawings, musical compositions, sound recordings, stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Sumcollab does not guarantee any confidentiality with respect to any User Submissions.
C. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Sumcollab all of the license rights granted herein.
E. Sumcollab does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sumcollab expressly disclaims any and all liability in connection with User Submissions. Copyright infringing activities and infringement of intellectual property rights are not permitted, and Sumcollab will remove all Content and User Submissions if properly notified in accordance with Sumcollab’s Copyright Policy and/or applicable law that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Sumcollab reserves the right to remove Content and User Submissions without prior notice and in its sole discretion.
F. Sumcollab merely offers a ‘venue’ for Users to access certain specified services, projects, utilities and/or information. Sumcollab cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User content or the behavior of Users of User content or Site content.
7. LICENSES GRANTED FOR ALL CONTENT
A. As between you and Sumcollab, you own all content (User Submissions) that you submit to the Sumcollab Service. By submitting content, you grant Sumcollab, its affiliates, and their designees a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license and right to use, copy, transmit, distribute, translate, sub-license, modify, adapt, publish, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the Sumcollab website, applications, and Services; (ii) displaying the video on third party websites and applications and applications through a video embed or Sumcollab’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed the video on third party websites and applications, subject to your video privacy choices; (iii) promoting the Services, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
C. You further grant all Users of the Services permission to view your User Submissions for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
D. The above licenses will continue unless and until you remove your User Submissions from the Sumcollab website and applications, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos and other content may be cached in search engine indices after removal and that Sumcollab has no control over such caching.
E. If you make suggestions to Sumcollab on improving or adding new features to the Sumcollab Service, Sumcollab shall have the right to use your suggestions without any compensation to you.
8. ACCOUNT TERMINATION POLICY
A. Sumcollab will terminate a User's access to its website and applications and all other Services if, under appropriate circumstances, the User is determined to be an infringer.
9. DIGITAL MILLENNIUM COPYRIGHT ACT
- Notification of Alleged Copyright Infringment
As part of Sumcollab's Copyright Policy, Sumcollab may terminate user access to the Services if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication with all of the following information in it, using this format (in accordance with 17 U.S.C.§512(c)(3)):
- Include a statement telling us that you have found content which you believe infringes your copyright or that you are authorized to act on behalf of the owner of the copyright in order to report the infringement.
- Identify in sufficient detail the copyrighted work that has been infringed. If multiple works have been infringed and are covered by a single notification, you may provide us with a list of the works, but the list must contain sufficient detail to we may identify them.
- Provide the URL or other specific location of the material that is claimed to be infringing on your copyright. Provide the title of the material and the full URL for its page or any other reasonably sufficient information to allow us to locate the material.
- Tell us which country your copyright applies to.
- Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)
- Provide your contact information so that we can get in touch with you, including your name, address, telephone number and email address (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. Under penalty of perjury, I swear that the information contained in this notification is accurate and that I am the copyright owner or am authorized by law to bring infringement proceedings with respect to its use."
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
- Send the notice, in English, to address listed below.
Withrow, McQuade & Olsen, LLP
3379 Peachtree Rd, N.E.
Atlanta, GA 30326
Ph: +1 404 814 0200
Fax: +1 404 814 0009
Email: firstname.lastname@example.org with the subject line "Copyright Policy - DMCA Notification"
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Make sure you know whether the content that you have seen on Sumcollab infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
- Counter Notification
If you believe in good faith that your own copyrighted material has been removed as a result of mistake or misidentification, you may submit a written counter notification letter to Sumcollab's DMCA Agent pursuant to Sections 512(g)(3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in Atlanta, Georgia if your address is outside the United States;
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
- Your name, address and telephone number;
- A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Websites location and will no longer be shown or accessible; and
- Your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements of this Section B, your DMCA counter notification will not be valid.
You may submit your counter notification to Sumcollab's DMCA Agent by fax, mail, or email as set forth below:
Withrow, McQuade & Olsen, LLP
3379 Peachtree Rd, N.E.
Atlanta, GA 30326
Ph: +1 404 814 0200
Fax: +1 404 814 0009
Email: email@example.com with the subject line "Copyright Policy - DMCA Counter Notification"
This contact information is for DMCA notifications and counter notifications only. NO OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL BE ANSWERED.
If a counter notice is received by Sumcollab's DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that Sumcollab may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Sumcollab or the user, the removed content may be replaced or access to it restored by Sumcollab.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
10. WARRANTY AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SUMCOLLAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING SUMCOLLAB) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE SERVICES AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. SUMCOLLAB MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES & APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES & APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUMCOLLAB WEBSITES & APPLICATIONS. SUMCOLLAB EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. SUMCOLLAB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUMCOLLAB WEBSITES & APPLICATIONS OR ANY HYPERLINKED WEBSITES & APPLICATIONS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUMCOLLAB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL SUMCOLLAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES & APPLICATIONS OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES & APPLICATIONS OR OF THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES & APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUMCOLLAB WEBSITES OR APPLICATIONS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SUMCOLLAB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN ALL CASES, YOU EXPRESSLY AGREE THAT SUMCOLLAB’S AGGREGATE LIABILITY TO YOU WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Sumcollab makes no representation that the Services are appropriate or available for use in other locations. Those who access or use the Services do so at their own volition and are responsible for compliance with local law.