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Terms and Conditions

 

General Terms and Conditions

Sumazi is an end-to-end social demand generation solution that uses data intelligence and marketing automation to connect brands to the people they don’t know, but should (collectively, the “Services”).  The Services and this web site (the “Site”) are provided by Sumazi, Inc., a Delaware corporation d/b/a Sumazi.

These Terms of Use (these “Terms”) govern your access to and use of the Site and the Services provided by Sumazi.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR THE SERVICES.  BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SERVICES.  SUMAZI’S ACCEPTANCE OF YOUR USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.

Without limiting the foregoing, when you use certain features of the Services, such as features incorporating social media analytics and reporting, your use of such features will also be subject to the guidelines, term, agreements and conditions applicable to such features (the “Policies”).  All such Policies are incorporated into these Terms by reference, and if these Terms are inconsistent with any Policy, the terms of such Policy will control.

In these Terms, the use of the words “Sumazi”, “we”, “our,” and “us” refer to Sumazi, Inc., a Delaware corporation d/b/a Sumazi.   The words “user,” “you,” and “your” refer to entities that access and/or use the Site or the Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us.  If you are using the Site and/or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

We reserve the right to change or modify these Terms or any policy or guideline of the Site and the Services we offer at any time.  We will notify registered users of changes by posting updates to http://blog.sumazi.com/terms.  Your use of the Site and the Services will be subject to the most current version of these Terms posted on the Site at the time of your use.  We recommend that you check the Site from time to time to inform yourself of any changes in these Terms or any of our other policies, and you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.

1.  Eligibility and Registration Data

You must be 18 years of age or older to use the Services.  To use certain features of the Services, you must register for an account.  By registering for an account, you represent and warrant that any information that you submit is true and accurate, that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms.  You further agree to (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at info@Sumazi.com.  Use of the Services is void where prohibited.

2.  Fees and Payment; No Refunds

We may now or in the future charge a fee for certain service offerings, either on a one-time or subscription basis.  When you purchase a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. We may choose to temporarily change the fees for services for promotional events or new services, and such changes are effective when such temporary promotional events or new services are posted on the Site.  When you purchase any service that has a fee, you authorize us or our third party payment processors to charge the credit card identified by you for the full amount of the applicable fees and all applicable taxes, and you represent and warrant that you are authorized to use such credit card for the purpose of purchasing such service.  You further authorize us to store your credit card information.  If we do not receive payment from your credit card provider, you agree to pay all amounts due upon demand, and acknowledge that we may suspend your access to the Services in the event such amounts are not timely paid.  All sales are final, and we will not issue any refunds, including refunds for prepaid monthly fees.  Unless otherwise stated, all fees are quoted in U.S. Dollars.

3.  Trademarks and Materials

Sumazi’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “Site Materials”) are all property of Sumazi and are protected by intellectual property law.  Use of these items is subject to these Terms and is only permitted within normal use of the Site and/or the Services.  Your use of the Site and/or the Services grants you no right or license to reproduce or otherwise use any Sumazi or third-party trademarks except as expressly set forth herein.

4.  Use Restrictions; Limited License

You may access and use the Site and/or the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations.

You are granted a limited, non-sublicensable license to access our Site and use the Services, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except third party content) for your personal, informational and internal use only. You shall not: (i) resell or make any non-internal use of the Site, the Services or the Site Materials (or any portion thereof), unless expressly authorized in writing by Sumazi; (ii) distribute, publicly perform or publicly display any Site Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the Site, the Services or the Site Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any Site Materials or other content or information used by the Site or the Services; (v) violate the restrictions in any robot exclusion headers on the Site or the Services or bypass or circumvent other measures used to prevent or limit access to the Site or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by Sumazi; (viii) “frame”, “mirror” or otherwise incorporate any part of the Site or the Services into any other web site, unless expressly authorized in writing by Sumazi; or (ix) use the Site, the Services or the Site Materials other than for their intended purpose and as expressly permitted by these Terms.

Any use of the Site, the Services or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes.  We reserve the right to revoke your authorization to access or use the Site and the Services if we believe in good faith that you have violated these Terms or any laws whatsoever.  Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time

5.  Third Party Services

The Site and the Services allow (or may in the future allow) you to select, input, upload and share information and data in connection with and through designated user accounts (“User Accounts”) maintained by you on certain third-party social media platform (“Third Party Services”).  The Site and the Services allow (or may in the future allow) you to access Third Party Services using the Site and/or the Services to post, link, message users of Third Party Services or otherwise act on a wide variety of information accessed by the Site and/or the Services and originating from User Accounts on Third Party Services, and to collect data and generate reports based on these activities (collectively, “User Materials”).  You are solely responsible for User Materials. By accessing Third Party Services through the Site and/or the Services, you represent and warrant that you have the lawful right to access such Third Party Services, and that the creation, distribution and reproduction of the User Materials complies with the terms applicable to the Third Party Services.  You shall ensure that your use of the Site and the Services, including use of User Materials with the Site and/or the Services and Third Party Services, does not contain code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the Site or the Services, hosted systems or servers, or systems or servers maintained by providers of Third Party Services accessed through the Site or the Services. Sumazi is not responsible for any loss or damage to User Materials.  You assume all risks for the User Materials and are solely responsible for protecting and backing up the same.

6.  Third Party Links

The Site may contain links to sites not under the control of Sumazi.  Sumazi does not assume, and expressly disclaims any and all, responsibility for the content of any page not on the Site.  Links to third-party web sites on the Site are provided solely as a convenience to you.  Sumazi has not reviewed these third-party web sites, and does not control and is not responsible for any such sites or content displayed thereon.  If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk, and the inclusion of any third-party link on the Site does not imply any endorsement or guarantee whatsoever by Sumazi of such third-party site.  Once you link to a third-party site, you are subject to the terms of use and policy of such site.

7.  Term and Termination

Your account will remain in effect until the earlier of your cancellation or our termination of your account in accordance with these Terms.  To cancel your account, please email us at sayhello@sumazi.com.  Notwithstanding anything to the contrary herein, we have the right, without notice and in our sole discretion, to terminate your license to use the Site and/or the Services, and to block or prevent your future access to and use of the Site and/or the Services.

8.  Feedback

You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Sumazi, its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

9.  Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Services and/or the Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you.

10.  Disclaimer of Warranties

THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE, THE SERVICES AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SUMAZI AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SUMAZI AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT.  SUMAZI AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT.

YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. SUMAZI DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SUMAZI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST SUMAZI, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

11.  Limitation of Liability

SUMAZI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL SUMAZI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

•           PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT;

•           UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

•           INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;

•           BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR

•           ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY SUMAZI OR OUR USERS, 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUMAZI IS OR HAS BEEN 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. IN NO EVENT SHALL SUMAZIS AGGREGATE LIABILITY EXCEED $100.00.  THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS.  THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

 12.  Copyright Infringement and Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site and the Services for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Sumaya Kazi

Full address of Designated Agent to which notification should be sent: Sumazi Inc, 486 Clipper Street, San Francisco, CA 94114

Telephone Number of Designated Agent: 415-786-6212

E-Mail Address of Designated Agent: sayhello@sumazi.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 13.  Privacy Policy

Please refer to our Privacy Policy, which also applies to your access and use of the Site and the Services, and describes our practices and policies related to the collection, use and storage of information about users of the Site and/or the Services.

14.  Consent to Electronic Communications

By accessing the Site and/or using the Services, you consent to receiving electronic communications from us.  Such communications may include notices about your account and information concerning or relating to the Services.  You agree that any electronic notices, agreements, disclosures or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

15.  Applicable Law and Venue

These Terms and your use of the Site and/or the Services will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site and/or the Services will be filed only in the state and federal courts located in California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and/or your use of the Site and/or the Services.

 16.  Entire Agreement

These Terms, including all Policies, constitute the entire agreement between Sumazi and you concerning the Site and the Services.  These Terms supersede any and all prior agreements or communications between Sumazi and you concerning the subject matter of these Terms.

 

Questions & Contact Information

Questions, comments and any other correspondence regarding our site may be directed to us at the email address sayhello@sumazi.com.

 

Last Updated: January 1, 2015.