Content and Social Sharing Platform

Thank you for using Sup!

Sup's products and services are provided by 3 Electric Sheep Pty Ltd. These Terms of Service ("Terms") govern your access to and use of Sup's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

More simply put:
Every company has its terms. These are ours.

1. Using Sup

a. Who can use Sup

You may use our Products only if you can form a binding contract with Sup, and only in compliance with these Terms and all applicable laws. When you create your Sup account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

More simply put:
You can use Sup unless you're under 13. Also, if your boss is making you use Sup, you need to set up a business account.

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

c. Commercial use of Sup

If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.

2. Copyright Policy

Sup has adopted and implemented the Sup Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

More simply put:
We respect copyrights. You should, too.

3. Security

We care about the security of our users. While we work to protect the security of your content and account, Sup cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

4. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sup. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Sup, you do so at your own risk and you agree that Sup will have no liability arising from your use of or access to any third-party website, service, or content.

More simply put:
We link to content off of Sup. Most of that stuff is awesome but we're not responsible when it's not.

5. Termination

Sup may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-10 of these Terms.

More simply put:
We reserve the right to refuse service to anyone.

6. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Sup and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

More simply put:
If we are sued because of something your business does on Sup, you have to pay our costs. Also, you should have created a business account and agreed to our commercial terms in the first place.

7. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

SUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Sup takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

More simply put:
Unfortunately, people post bad stuff on user-generated content sites like Sup. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUP 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SUP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

More simply put:
We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.

9. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Victoria, Australia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Melbourne Victoria.

Our Products are controlled and operated from the Australia, and we make no representations that they are appropriate or available for use in other locations

More simply put:
You'll have to sue us in Melbourne.

10. General Terms

Notification Procedures and changes to these Terms. Sup reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sup without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Sup in connection with the Products, shall constitute the entire agreement between you and Sup concerning the Products. If any provision of these Terms is deemed invalid, 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.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sup's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

More simply put:
If we're making a big change to the terms, we'll let you know.