Terms of Service
Last Updated: July 17, 2021
Welcome to SumoSum
This User Agreement is in effect as of July 17, 2021. We reserve the right to change this Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use & Conduct
By visiting our application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
SMI grants you a limited license to access and make personal use of this App and its Resources, and not to download (other than page caching) or modify it, or any portion of it. This license does not include any derivative use of this App or its Resources; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This App, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SMI. Any unauthorized use of the App terminates the permissions granted herein.
You Agree that You Understand That:
A. Use of this App and its Resources is limited to individuals 13 years of age or older. If you are not 13 years of age, you must remove your account immediately. Multiple warnings are posted on the marketing website and within the App noticing this limitation. SMI does not take any responsibility or assume any liability for minors under the age of 13 using the App or its Resources.
B. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
C. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
D. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
E. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
F. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
G. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
H. We may provide various open communication tools through the App and Resources, including but not limited to blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our App or Resources, that it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any SumoSum or SMI agents, employees or representatives.
We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Limitation of Warranties
By using this application, you understand and agree that the App and Resources are provided “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
- any content used or downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for ensuring the content adheres to your company policies and legal guidelines.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- no information or advice, whether expressed, implied, oral or written, obtained by you from SMI or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount of personal account subscription paid, if any, for use of products and/or services. SMI and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our App or Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
You agree that no joint venture, partnership, or employment relationship exists between you and SumoSum and/or SMI as a result of this Agreement or use of this App or Resources.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this App or Resources or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and SMI with respect to this App and Resources, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Hold Harmless & Indemnification
You agree to indemnify and hold harmless SumoSum and SMI and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You further agree to remain legally responsible for any and all personal actions taken by your respective users including but not limited to minors, parents, guardians, teachers, mentors, advisors, sponsors, administrators, friends, family and others associated with users. You agree to hold harmless and defend SumoSum and SMI and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors from any and all claims known and unknown arising out of or in any way connected with use of the App and Resources including causes of action, demands, recoveries, losses, damages, fines, any illness or injury or cost of medical treatment in connection therewith, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your violation of any law or the rights of a third party; or
- your use of this App or the Resources herein.
Parents and Guardians herein confirm that each has respective rights to enter into this Agreement, and that each is not restricted by SumoSum and SMI and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations.
Team Project Intellectual Property
User project content logged into the App Project Journal including text descriptions, images and videos remains the intellectual property of respective users. Users creating content as team members on projects hereby agree to be tenants in common of project intellectual property rights including but not limited to trademarks, patents and trade secrets.
SumoSum image upload features provide for you to certify that images and videos loaded onto SumoSum have been done so legally with proper permissions. Your uploading of images therefore represents that you either possess image intellectual property rights and are contributing the rights to SumoSum or that the image is uploaded under permissible use terms such as use granted with a byline credit. You agree to defend and indemnify SumoSum and SMI and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from any and all claims known and unknown arising out of or in any way connected with use of images and videos.
Users acknowledge that they have the right to mask project content from public view and have the right to delete project content or entire project records at any time.
General Images & Videos
Photos and videos uploaded by you to the App or Resources may be posted to various publicity-disseminated media. All users including Parents and Guardians hereby grant SumoSum and SMI and its designees the right to use content with you and other participants likeness, image, voice, appearance and performance in connection with activities related to SumoSum whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, now known or later developed. This grant includes without limitation the right to edit, mix, or duplicate and use or reuse Content in whole or part as SumoSum and SMI may elect. SumoSum and SMI or its designee shall have complete ownership of Content, including copyright interests, and you, your Parents and Guardians acknowledge they have no interest or ownership in Content or its copyright. You, your Parents and Guardians also grant SumoSum and SMI and its designees the right to broadcast, exhibit, market, sell and otherwise distribute Content, either in whole or in part, and either alone or with other content for commercial or non-commercial television or theater, closed-circuit exhibition, internet distribution, home video distribution or any other purpose that SumoSum and SMI or its designees in their sole discretion may determine. This grant includes the right to use Content for promoting or publicizing any of the uses. You, your Parents and Guardians hereby gives all clearances, copyright and otherwise for the use of your and their own respective name, likeness, image voice, appearance and performance embodied in the Content. The rights granted SumoSum and SMI herein are perpetual and worldwide.
App Copyrights & Trademarks
This App and Resources contain logos, trademarks, service marks, design elements, and other content that are proprietary to SMI or its affiliates, and cannot be copied, reproduced, or used without the written permission of SMI. All content and materials available in this application, including but not limited to text, graphics, name, URL addresses, code, images and logos are the intellectual property of SMI, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by SMI. If you are aware of an infringement of this App, Resources or our trademarks, please let us know by contacting us at sumosum.com/contact.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our App and Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the App and Resources will immediately cease, and we reserve the right to remove or delete any content and/or information that you may have on file with us, including any account or login information.
SumoSum may be used by schools, hackathons, contests, challenges, incubators, accelerators and other event and program productions (hereafter “Events”). You agree to the following additional terms that relate to Events in addition to all other terms in the Agreement. You also agree that you understand that SumoSum and SMI and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, are not presenting entities and thus not responsible for any event activities, insurance policies, permits, permissions or liabilities stemming from Events.
This application is owned and controlled by the SMI, a Nevada C Corporation and managed through its Honolulu-based office. As a web-based application, the App and Resources can be accessed in most countries around the world. As each country has laws that may differ, by accessing the App and Resources, you agree that the statutes and laws of the State of Hawai’i, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the App and Resources and the purchase of any products or services through the App and Resources.
Furthermore, any action to enforce this Agreement shall be brought in the federal or state courts located in the State of Hawai’i, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, SMI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about the Terms of Service as outlined above, contact us at: StoryManager, Inc. 1012 18th Ave., Honolulu, HI 96816.