TERMS AND CONDITIONS
1. Who We Are.
“Summee Technologies LLC” is a corporation organized and existing under the laws of the State of New York and owns and operates the website and mobile internet site with the URL: www.summee.ai
2. Some Definitions.
The terms are defined as follows:
“Company Content” means software and content developed by us and/or our suppliers, that is available for download to Subscribers’ computers and mobile phones.
“Content” means either Company Content or Subscriber Content or both.
“Services” means the services provided through the Website including the right to upload and download “Content” as defined above.
“Subscriber Content” means software and content, uploaded by Subscribers, that is available for download to other Subscribers’ computers and/or mobile phones.
“Subscriber” means an individual who has purchased a Subscription.
“Subscription” means a paid subscription to use the Website.
“We” and “us” means Summee Technologies LLC, or any successor or assignee of Summee Technologies LLC.
“Website” means the website and mobile internet site with the URL: www.summee.ai
“You” and “user” mean all individuals visiting the website and mobile internet site, including paying subscribers.
We reserve the right to modify these “Terms and Conditions” and any policies affecting the Website. Any modification is effective as of the earlier of:
(a) The posting of the modification or new Terms and Conditions on the Website;
(b) The distribution via electronic mail of the modification or new Terms and Conditions.
Your continued use of the Website for more than 30 days following the effective date of any modification to these Terms and Conditions shall be conclusively deemed an acceptance of all such modification(s).
We require that any Subscriber be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we believe you are under eighteen (18) years of age.
We own and operate the mobile enabled online web based portal known as “Summee.” We offer Services and Content to Subscribers. Content may include summaries, read-time, algorithimically-determined topics and read-level difficulty for uploaded documents . We reserve the right to add, change and remove Services and Content at our discretion.
To access our premium Services, you are required to pay the “Subscription Fee” which is currently $10.00 per month. We will charge the Subscription Fee by sending a premium rate text message to your cell phone at the beginning of each month. We reserve the right to change the subscription fee at any time at our discretion by providing thirty (30) days prior notice.
7. Term and Termination.
Either party may terminate the term at any time upon thirty (30) days prior notice. Additionally, either party may terminate the term immediately for any breach by the other party of any term of these Terms and Conditions. If the Subscription Fee is not paid, or we receive any indication that the fee may not be paid, regardless of the reason, we may immediately terminate the term.
8. Basic Services.
The “Basic Services” are the Services provided for the monthly subscription fee. We may change the “Basic Services” at any time in our discretion.
9. Premium Services.
The “Premium Services” are those Services that we offer for additional charges. We reserve the right to change any Premium Service to a Basic Service and any Basic Service to a Premium Service and add and remove such Services at any time in our discretion.
10. No Refunds.
Whenever a monthly amount is paid in advance to us, we will not be required to return that advance for any reason.
11. Licenses and Non-Commercial Use.
With each Subscription, we grant you a non-exclusive, nontransferable license to use, copy, display, and perform any Company Content for personal, non-commercial use only on your computer(s) and/or one mobile phone owned by you. This license terminates immediately upon termination of the Services. You grant us the perpetual, non-exclusive right to use, copy, modify, distribute, display and perform your Subscriber Content on the Website (and in promotions of the Website) without restriction and to grant such rights to our licensees, successors and assigns.
We will provide you with a password to allow you to access the Services. You will not share your password with any other party. You will be responsible for any use of your password by any other party.
You are responsible for any sales, use and import taxes owed in connection with any Subscription.
14. Proprietary Rights Owned by Us.
You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the Company Content including, but not limited to, any patents, trademarks, service marks, and copyrights.
15. Proprietary Rights Owned by You and Other Subscribers.
You represent and warrant to us that you will not upload any Content to the Website unless you are the owner of all proprietary rights in that Content and have obtained releases for all related privacy and publicity rights.
You agree to the following:
(a) You will not reprint, republish or distribute in any way any information or materials found on the Website.
(b) You will not use any of the information on the Website for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.
(c) You will not provide to us or post on the Website any information that is not correct, such as an incorrect name, address, email address, or any other incorrect information.
(d) You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive, or hateful.
(e) You will not share your password. Each Subscription is for use of the Mobile Marvin Services only with one mobile phone. You will not use your Subscription with more than one mobile phone.
(f) You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
(g) You will not post any materials on our Website in violation of any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights.
(h) You will access, download from and upload to the Website and use the Services only for your own personal non-commercial use and not for the benefit of any other party or for an organization or other entity or to set up a competing business.
(i) You will follow our instructions regarding your use of the Website including, but not limited to, any instructions we provide to you regarding postings to the Website.
17. Termination and Removal.
We reserve the right to terminate the Services and remove any of your uploads at any time in our discretion. We also have posted Copyright and Removal Policies and you agree to notify us in accordance with those policies if you are aware of any infringement of your proprietary or other rights.
18. Subscriber Disputes.
You are solely responsible for your interactions with other Subscribers.
We are not responsible for any Subscriber Content or any links to other websites or mobile internet sites posted by Subscribers. Inclusion of any link from our Website to another website or mobile internet site does not imply approval or endorsement of the linked website or mobile internet site by us. When you access Subscriber Content or any third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on the Website, nor do we take any responsibility for the goods or services provided by advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers’ computer equipment, or software. We are not responsible for any failure of any upload or download due to technical problems or traffic congestion on the internet or any wireless network. We are not responsible for any injury or damage to any person’s computer or mobile phone related to or resulting from use of the Services including downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or attendance at an event, from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.
20. No Warranties.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
21. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE INCLUDING ANY DOWNLOADS FROM THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE WEBSITE FOR THE ONE MONTH PERIOD ENDING ON THE DATE A CLAIM IS MADE, AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
You acknowledge that we have not reviewed the content of all sites linked to or from the Website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
You agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website. You further agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses resulting from claims of third parties (including, but not limited to, attorney fees) that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.
24. U.S. Export Controls.
Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
25. Restricted Rights.
Notice to U.S. Government End Users. The Software, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable, consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Summee is 114 Arthur Street, Garden City, NY, 11530.
26. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy. Please contact: [email protected]
You may not assign any of your rights under this Agreement. We may assign all rights to any other individual or entity at our discretion.
28. Compliance With Law.
In using the Service, you agree that you will comply with all applicable laws.
29. Applicable Law and Jurisdiction.
All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Manhattan, New York before one arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA. The arbitration shall be administered by AAA rules and procedures. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in Manhattan, New York.
30. Force Majeure.
We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow downs over the internet or any third party internet service providers.
The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section, or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections, or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
No amendment or other change of this Agreement shall be effective except as either expressly permitted under this Agreement or agreed to in writing between the parties.
35. Entire Agreement.
This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations, and understandings between the parties relating to the subject matter of this Agreement.