You may use the Services only if you agree to form
a binding contract with Sufred.com and are not a person barred from receiving
services under the laws of the applicable jurisdiction. In any case, you must be
at least 13 years old, or in the case of Periscope 16 years old, to use the
Services. If you are accepting these Terms and using the Services on behalf of a
company, organization, government, or other legal entity, you represent and
warrant that you are authorized to do so and have the authority to bind such
entity to these Terms, in which case the words “you” and “your” as used in these
Terms shall refer to such entity.
2. Privacy
Our Privacy Policy
(https://sufred.com/privacy_policy ) describes how we handle the information you
provide to us when you use our Services. You understand that through your use of
the Services you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the
United States, Ireland, and/or other countries for storage, processing and use
by Sufred.com and its affiliates.
3. Content on the Services
You are responsible for your use of the Services
and for any Content you provide, including compliance with applicable laws,
rules, and regulations. You should only provide Content that you are comfortable
sharing with others.
Any use or reliance on any Content or materials
posted via the Services or obtained by you through the Services is at your own
risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
via the Services or endorse any opinions expressed via the Services. You
understand that by using the Services, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content. We may not
monitor or control the Content posted via the Services and, we cannot take
responsibility for such Content.
We reserve the right to remove Content
that violates the User Agreement, including for example, copyright or trademark
violations or other intellectual property misappropriation, impersonation,
unlawful conduct, or harassment.
Your Rights and Grant of Rights in the
Content
You retain your rights to any Content you submit,
post or display on or through the Services. What’s yours is yours — you own your
Content (and your incorporated audio, photos and videos are considered part of
the Content).
By submitting, posting or displaying Content on or
through the Services, you grant us a worldwide, non-exclusive, royalty-free
license (with the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Content in any and all
media or distribution methods now known or later developed (for clarity, these
rights include, for example, curating, transforming, and translating). This
license authorizes us to make your Content available to the rest of the world
and to let others do the same. You agree that this license includes the right
for Sufred.com to provide, promote, and improve the Services and to make Content
submitted to or through the Services available to other companies, organizations
or individuals for the syndication, broadcast, distribution, Retweet, promotion
or publication of such Content on other media and services, subject to our terms
and conditions for such Content use. Such additional uses by Sufred.com, or
other companies, organizations or individuals, is made with no compensation paid
to you with respect to the Content that you submit, post, transmit or otherwise
make available through the Services as the use of the Services by you is hereby
agreed as being sufficient compensation for the Content and grant of rights
herein.
Sufred.com has an evolving set of rules for how
ecosystem partners can interact with your Content on the Services. These rules
exist to enable an open ecosystem with your rights in mind. You understand that
we may modify or adapt your Content as it is distributed, syndicated, published,
or broadcast by us and our partners and/or make changes to your Content in order
to adapt the Content to different media.
You represent and warrant that you have, or have
obtained, all rights, licenses, consents, permissions, power and/or authority
necessary to grant the rights granted herein for any Content that you submit,
post or display on or through the Services. You agree that such Content will not
contain material subject to copyright or other proprietary rights, unless you
have necessary permission or are otherwise legally entitled to post the material
and to grant Sufred.com the license described above.
4. Using the Services
Please review the
https://sufred.com/privacy_policy which are
part of the User Agreement and outline what is prohibited on the Services. You
may use the Services only in compliance with these Terms and all applicable
laws, rules and regulations.
Our Services evolve constantly. As such, the
Services may change from time to time, at our discretion. We may stop
(permanently or temporarily) providing the Services or any features within the
Services to you or to users generally. We also retain the right to create limits
on use and storage at our sole discretion at any time. We may also remove or
refuse to distribute any Content on the Services, limit distribution or
visibility of any Content on the service, suspend or terminate users, and
reclaim usernames without liability to you.
In consideration for Sufred.com granting you access
to and use of the Services, you agree that Sufred.com and its third-party
providers and partners may place advertising on the Services or in connection
with the display of Content or information from the Services whether submitted
by you or others. You also agree not to misuse our Services, for example, by
interfering with them or accessing them using a method other than the interface
and the instructions that we provide. You agree that you will not work around
any technical limitations in the software provided to you as part of the
Services, or reverse engineer, decompile or disassemble the software, except and
only to the extent that applicable law expressly permits. You may not do any of
the following while accessing or using the Services: (i) access, tamper with, or
use non-public areas of the Services, Sufred.com’s computer systems, or the
technical delivery systems of Sufred.com’s providers; (ii) probe, scan, or test
the vulnerability of any system or network or breach or circumvent any security
or authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than through our
currently available, published interfaces that are provided by Sufred.com (and
only pursuant to the applicable terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with Sufred.com (NOTE:
crawling the Services is permissible if done in accordance with the provisions
of the robots.txt file, however, scraping the Services without the prior consent
of Sufred.com is expressly prohibited); (iv) forge any TCP/IP packet header or
any part of the header information in any email or posting, or in any way use
the Services to send altered, deceptive or false source-identifying information;
or (v) interfere with, or disrupt, (or attempt to do so), the access of any
user, host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, mail-bombing the Services, or by scripting the
creation of Content in such a manner as to interfere with or create an undue
burden on the Services. We also reserve the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary to (i) satisfy
any applicable law, regulation, legal process or governmental request, (ii)
enforce the Terms, including investigation of potential violations hereof, (iii)
detect, prevent, or otherwise address fraud, security or technical issues, (iv)
respond to user support requests, or (v) protect the rights, property or safety
of Sufred.com, its users and the public. Sufred.com does not disclose
personally-identifying information to third parties except in accordance with
our https://sufred.com/privacy_policy .
Sufred.com may offer certain services or features
for which additional terms and conditions may apply in connection with your use
of those services. By using or paying for any of these additional services, you
agree to any additional terms applicable to those services, and those additional
terms become part of our agreement with you. If any of the applicable additional
terms conflict with these Terms, the
Your Account
You may need to create an account to use some of
our Services. You are responsible for safeguarding your account, so use a strong
password and limit its use to this account. We cannot and will not be liable for
any loss or damage arising from your failure to comply with the above.
You can control most communications from the
Services. We may need to provide you with certain communications, such as
service announcements and administrative messages. These communications are
considered part of the Services and your account, and you may not be able to
opt-out from receiving them. If you added your phone number to your account and
you later change or deactivate that phone number, you must update your account
information to help prevent us from communicating with anyone who acquires your
old number.
Your License to Use the Services
Sufred.com gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software
provided to you as part of the Services. This license has the sole purpose of
enabling you to use and enjoy the benefit of the Services as provided by
Sufred.com, in the manner permitted by these Terms.
The Services are protected by copyright, trademark,
and other laws of both the United States and other countries. Nothing in the
Terms gives you a right to use the Sufred.com name or any of the Sufred.com
trademarks, logos, domain names, other distinctive brand features, and other
proprietary rights. All right, title, and interest in and to the Services
(excluding Content provided by users) are and will remain the exclusive property
of Sufred.com and its licensors. Any feedback, comments, or suggestions you may
provide regarding Sufred.com, or the Services is entirely voluntary and we will
be free to use such feedback, comments or suggestions as we see fit and without
any obligation to you.
Ending These Terms
You may end your legal agreement with Sufred.com at
any time by deactivating your accounts and discontinuing your use of the
Services.
We may suspend or terminate your account or cease
providing you with all or part of the Services at any time for any or no reason,
including, but not limited to, if we reasonably believe: (i) you have violated
these Terms or the Sufred.com Rules and Policies
or Periscope Community Guidelines, (ii)
you create risk or possible legal exposure for us; (iii) your account should be
removed due to unlawful conduct, (iv) your account should be removed due to
prolonged inactivity; or (v) our provision of the Services to you is no longer
commercially viable. We will make reasonable efforts to notify you by the email
address associated with your account or the next time you attempt to access your
account, depending on the circumstances. In all such cases, the Terms shall
terminate, including, without limitation, If
you believe your account was terminated in error you can file an appeal
following the steps found in our Help .
5. Disclaimers and Limitations of Liability
The Services are Available "AS-IS"
Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Sufred.com
Entities” refers to Sufred.com, its parents, affiliates, related companies,
officers, directors, employees, agents, representatives, partners, and
licensors. Without limiting the foregoing, to the maximum extent permitted under
applicable law, THE SUFRED.COM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. The Sufred.com Entities make no warranty or
representation and disclaim all responsibility and liability for: (i) the
completeness, accuracy, availability, timeliness, security or reliability of the
Services or any Content; (ii) any harm to your computer system, loss of data, or
other harm that results from your access to or use of the Services or any
Content; (iii) the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Services; and (iv) whether
the Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained from the Sufred.com Entities or through the Services, will create any
warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SUFRED.COM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,
WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR
OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT
OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE
SUFRED.COM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID SUFRED.COM, IF ANY, IN THE PAST SIX MONTHS FOR
THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL
APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SUFRED.COM
ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. General
We may revise these Terms from time to time. The
changes will not be retroactive, and the most current version of the Terms, will
govern our relationship with you. We will try to notify you of material
revisions, for example via a service notification or an email to the email
associated with your account. By continuing to access or use the Services after
those revisions become effective, you agree to be bound by the revised Terms.
will govern these Terms and any dispute that arises
between you and Sufred.com. All disputes related to these Terms or the Services
will be brought solely in the federal or state courts located in San Francisco
County, California, United States, and you consent to personal jurisdiction and
waive any objection as to inconvenient forum.
If you are a federal, state, or local government
entity in the United States using the Services in your official capacity and
legally unable to accept the controlling law, jurisdiction or venue clauses
above, then those clauses do not apply to you. For such U.S. federal government
entities, these Terms and any action related thereto will be governed by the
laws of the United States of America (without reference to conflict of laws)
and, in the absence of federal law and to the extent permitted under federal
law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is
held to be invalid or unenforceable, then that provision will be limited or
eliminated to the minimum extent necessary, and the remaining provisions of
these Terms will remain in full force and effect. Sufred.com’s failure to
enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision.
Sufred.com Terms of Service
If you live in the European Union, EFTA States, or
the United Kingdom
These Terms of Service (“Terms”) govern your access
to and use of our services, including our various websites, SMS, APIs, email
notifications, applications, buttons, widgets, ads, commerce services, and our
other covered services .