SUPE TERMS OF SERVICE

Original version effective as of March 20, 2016

Last updated on May 10, 2017 (click here to see the most recent updates)

ABOUT SUPE

Supe is a pay-to-view social messaging application service that allows users to create, publish and potentially earn money for their exclusive photos and videos ("Supe"). Supe is operated by Rise Applications Inc., with an address at Mill Mall, Suite 6, Wickhams Cay, PO Box 3085, Road Town, Tortola, British Virgin Islands ("us", "our" or "we").

These Terms of Service, together with our Community Guidelines (available at https://www.getsupe.com/guidelines) and our Privacy Policy (available at https://www.getsupe.com/privacy) (collectively, these "Terms"), govern your use of Supe. BY USING SUPE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree with any of these Terms, or if you are dissatisfied with Supe for any reason, your sole and exclusive remedy is to discontinue use of Supe.

We reserve the right to make changes to these Terms at any time. If we make material changes, we will endeavor to notify you of the changes, such as by posting a notice directly within the Supe app and/or on the www.getsupe.com website, by sending a push notification to your mobile device (if push notification is activated on your device), or by any other reasonable method. Also, we may ask you to affirmatively agree to these Terms as modified (e.g., by pressing an "I Agree" button) at the time of your next login on Supe. By continuing to use Supe after such notice and/or acceptance, you agree to be bound by these Terms as modified.

When using Supe, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages, in-app messages, and messages posted to your Supe account. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using Supe, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use Supe, and that any and all such charges will solely be your responsibility.

We reserve the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate Supe or any portion thereof; (ii) restrict, limit, suspend or terminate your access to Supe or any portion thereof; (iii) remove, block or disable any content you post on Supe; (iv) monitor your use of Supe (including any content or message you post or transmit on Supe) to verify compliance with these Terms and/or any applicable law; (v) investigate any suspected or alleged misuse or unlawful use of Supe and cooperate with law enforcement in such investigation; and (vi) disclose information about your use of Supe in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.

HOW SUPE WORKS

Supe lets you create (through use of the Supe camera function) and publish your photos and videos (subject to compliance with these Terms) for access by your followers on Supe. You can also follow and access photos and videos of other Supe users on Supe. When you create and publish content on Supe, you are a "Creator". When you follow and access another user's content on Supe, you are a "Follower". Also, on Supe users can send private messages to one another. As used hereinafter, the term "Users" includes both Creators and Followers. When users create photos/videos using the Supe camera function, such content is "exclusive" to Supe and can only be viewed within the Supe app and cannot be shared or exported outside of the Supe app. When setting up Supe profiles users have the ability to import their preexisting content (such as their Instagram photos) to be a part of their profile. As used hereinafter, the term "User Content" means any and all user-generated photos, videos, and messages, whether created on Supe or imported from an external source. IMPORTANT NOTE: User Content created on Supe (i.e., using the Supe camera) is only temporarily stored. Direct replies will be deleted after 72 hours, all other content is automatically deleted by Supe after 24 hours.

Upon creating a photo or video on Supe, the Creator can make that photo or video accessible to Followers either at no charge ("free content") or for a charge ("premium content"). For a premium content item, the Creator will designate a certain number of "Supe coins" that he/she wishes to charge for the item, and Supe will, in addition, charge a platform service fee which will be equal to the number of Supe coins designated by the Creator. To access the item, a Follower will need to acquire the requisite total number of Supe coins indicated for that item by making an in-app purchase of the equivalent dollar value based on the then-current applicable exchange rate published on Supe (rate subject to change). All in-app purchases on Supe are done through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices). Once a Follower has made an in-app purchase to acquire the requisite number of Supe coins, he/she will be able to view the item (no downloading or copying allowed) for a limited time (the "viewing window") that is set by the Creator of the item (viewing window can range from a few seconds up to 72 hours after purchase confirmation). Upon the expiration of the viewing window, Supe will delete the item from the Follower's account.

On Supe, Creators will earn Supe coins from in-app purchases generated by their premium content items. For example, if a Creator designates 500 Supe coins for a premium content item and 10 Followers make in-app purchases to access the item, the Creator will receive 5,000 Supe coins. Once a Creator has earned more than 50,000 Supe coins from his/her premium content, he/she can claim a content producing dollar amount based on the then-current applicable exchange rate published on Supe (rate subject to change) and, upon conversion into a dollar amount, the Creator's account coin balance will become zero. A Creator may repeat this process once he/she again earns enough Supe coins from in-app purchases generated by his/her premium content.

We do not own or control User Content on Supe. All User Content transactions and interactions on Supe are between Creators and their Followers and at no point does Supe become a party to any transaction or interaction between a Creator and a Follower.

WHO CAN USE SUPE

Supe is a social messaging platform for respectful and responsible grown-ups and is not a platform for posting or viewing pornography. IMPORTANT NOTE: As a general policy, we do not tolerate pornography on Supe and any user account that violates this policy may be deactivated immediately. To learn more about our policy on pornography and certain other prohibited uses, please refer to our Community Guidelines (available at https://www.getsupe.com/guidelines).

Supe is not intended for use by minors. No one under the age of 17 is permitted to register or own a Supe account, or to create, publish, or view User Content on Supe, or to otherwise access or use Supe. If we become aware that a Supe user is underage, we will promptly deactivate that user's account and delete all information and content of that user (to the extent stored by Supe) from Supe. If you are a parent or legal guardian and become aware that your minor-child has installed and registered on Supe, please immediately notify us at [email protected].

By using Supe, you represent and warrant that: (i) you are at least 17 years of age; (ii) you will fully comply with these Terms; (iii) you accept full responsibility for the use of Supe on any device, whether or not it is owned by you; (iv) you accept full responsibility for any User Content created or provided by you; and (v) your use of Supe will not violate these Terms or any applicable law.

If you are using Supe on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.

ACCOUNT REGISTRATION

Account registration is required to access and use Supe. To register on Supe, you must provide a valid email address, a username, and a password. During account registration, you also have the ability to create a Supe profile and import your preexisting content (such as your Instagram photos) to be a part of your Supe profile. Note that as part of the account registration process, we may ask for your mobile phone number for account verification purposes.

By registering on Supe, you represent and warrant that: (i) all account registration and profile information and content you provide to us (including content you choose to import from Instagram or any other social media service) is your own information and content and is truthful and accurate; (ii) you do not already have an existing account on Supe (including under a different email, username, or mobile number); (iii) if you previously had an account with Supe, your old account was not terminated or suspended by Supe for violation of these Terms; (iv) you register on Supe for your own personal and lawful, and you will not sell, rent, lease, loan or transfer your account to a third party without our written permission; and (v) you will not log in or attempt to log in on Supe through unauthorised third party applications.

You are fully responsible for any and all activities that occur on your account. You are responsible for maintaining the security and confidentiality of your login details and agree to immediately notify us if you believe someone has used or is using your account without your permission or any other breach of security is brought to your attention.

IN-APP PURCHASES

To access another's premium content item on Supe, you must acquire the requisite total number of Supe coins indicated for that item by making an in-app purchase of the equivalent dollar value based on the then-current applicable exchange rate published on Supe (rate subject to change). See the "HOW SUPE WORKS" section above for further details. In-app purchases for Supe coins are handled through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices), and you must have an Apple iTunes/Apple Wallet account or a Google Pay/Google Wallet account (as the case may be) to purchase Supe coins. The applicable app store may charge you a sales tax depending on where you live, and please check the app store's terms and policies for details.

IMPORTANT NOTE: All in-app purchases of Supe coins are FINAL AND NON-REFUNDABLE. By making an in-app purchase of Supe coins to access a premium item on Supe, you expressly waive any and all rights and claims you may have to cancel the purchase or get a refund, and you expressly acknowledge and agree that neither the Creator of such premium item nor we will have any obligation or liability to provide you with a refund for any reason.

COIN BALANCE

You can check the Supe coin balance in your account on Supe and also on www.getsupe.com (requiring log-in). Your coin balance includes (i) Supe coins you have purchased but not yet used toward purchases of access to others' premium content ("Purchased Coin Balance") and (ii) Supe coins that you have earned from other users' in-app purchases of access to your premium content ("Earned Coin Balance"). You agree that we are not required to provide a coin balance adjustment or credit for any reason, except that in the event we determine (after investigation) that a Supe software or technical glitch has resulted in an error in your coin balance, we will make the necessary adjustment to correct the error in your coin balance.

ACCOUNT DEACTIVATION BY YOU

Should you wish to deactivate your Supe account, please contact Supe customer support at [email protected] to submit your deactivation request. We will deactivate your account within 90 working days after receiving your request.

IMPORTANT NOTE: Upon deactivation of your account, any unconverted Earned Coin Balance and any unused Purchased Coin Balance in your account will be deemed forfeited and will be lost permanently.

ACCOUNT DEACTIVATION BY US

By using Supe, you acknowledge and agree that we reserve the right to deactivate your account (with or without warning) if: (i) your use of Supe violates these Terms or any applicable law; or (ii) you do not log into the Supe app for more than 30 days ("dormancy"). IMPORTANT NOTE: If your account is deactivated by us for violation of these Terms or any applicable law or due to dormancy, any unconverted Earned Coin Balance and any unused Purchased Coin Balance in your account will be deemed forfeited and will be lost permanently.

OUR LIMITED LICENSE TO YOU

Supe (including all its software, API, user interface, and other technology elements) and the "Supe" name and logo constitute our proprietary property and are protected by copyright, trademark, and other intellectual property laws in the United States and other countries.

Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive licence to download and install a single copy of the Supe app on your mobile device for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Supe other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.

We do not warrant that Supe is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Supe is compatible with your device. From time to time we may make updates to Supe and will make such updates available through the applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices). Depending on the update, you may not be able to use Supe until you have downloaded the latest version of Supe and accepted any new terms.

PROHIBITED USES

We require that all Supe users respect and comply with these Terms, including our Community Guidelines (available at https://www.getsupe.com/guidelines), at all times when using Supe.

You may not:

To report abuse or misuse of Supe, please contact Supe customer support at [email protected].

USER CONTENT

We assume no responsibility or obligation to screen User Content or to monitor Supe for inappropriate User Content. Views expressed by users on Supe do not represent our views or values. If you are offended by another's User Content on Supe, you have the choice to not follow (or unfollow) that user. If believe another's User Content on Supe violates these Terms, you can report that user by going to that user's profile, tapping the "Settings" icon in the upper right-hand corner of the profile screen, and then tapping the "Report" button. Alternatively, you can report a user to Supe customer support at [email protected].

By using Supe, you acknowledge and agree that we reserve the right at any time to remove, block or disable any User Content that, in our sole judgment, violates these Terms or any applicable law, or may expose or subject us to liability of any kind, or may adversely affect the reputation or goodwill of Supe.

User Content belongs to Creators, and we do not claim ownership of any User Content. However, by creating and publishing and/or otherwise providing User Content on Supe, you expressly and irrevocably grant to us a non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to host, store, cache, index, use, copy, reproduce, display, perform, publish and distribute your User Content on Supe for the purposes of providing, operating, managing, maintaining and improving Supe and its services and features. You acknowledge and agree that: (i) the foregoing license will remain and continue in effect for as long as you maintain an account on Supe; and (ii) in the event you discontinue use of Supe, we may retain backup copies of all your User Content indefinitely for our internal archival and recordkeeping purposes. By creating and publishing and/or otherwise providing Premium User Content on Supe, you also expressly and irrevocably authorize your Followers on Supe (subject to and upon their purchase of the requisite Supe Coins) to access and view (without downloading or copying) your Premium User Content within a limited time duration for their own lawful and personal use.

IMPORTANT NOTICE TO CREATORS: By creating and publishing and/or otherwise providing your User Content on Supe, you, as a Creator, expressly and irrevocably authorize our company, Rise Applications Inc., to act as your agent to issue, on your behalf and pursuant to the United States Digital Millennium Copyright Act (Title 17, U.S. Code), notifications of claimed infringement to third-party websites and online/mobile service providers in the event your User Content on Supe is displayed, performed, or otherwise shown on such third-party sites or services without your consent or our consent.

By creating and publishing and/or otherwise providing User Content on Supe, you represent and warrant that: (i) you own or control all rights in and to your User Content; (ii) to the extent your User Content includes or utilizes any third-party property (such as material created by another person, or another person's name, voice, signature, photograph or likeness), you have secured all rights, licenses, consents and releases that are necessary (A) for the inclusion/use of such third-party property in your User Content and (B) for our exercise of the rights granted herein by you with respect to your User Content; and (iii) your User Content is non-confidential and may be made available to your Followers on Supe.

SUPE'S DMCA POLICY

To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing User Content. We also have a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer.

Designated Agent: The following is our Designated Agent for Supe for receiving notifications of claimed copyright infringement:

Notice of Claimed Copyright Infringement: Under the DMCA, a notification of claimed copyright infringement must include all of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification to Claimed Copyright Infringement: If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above. A DMCA counter-notification must include all of the following:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the Los Angeles County, State of California, U.S.A., if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled in not less than 10 business days and not more than 14 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

LINKS TO THIRD PARTIES

Supe may contain links to third-party websites, products or services (each, a "Linked Third-Party Site/Product/Service"). Such links do not constitute or imply our approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. We are not responsible for and make no representation or warranty, whether express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you visit a Linked Third-Party Site/Product/Service, you are subject to that third party's terms and policies, and not these Terms. Any right or claim you may have concerning a Linked Third-Party Site/Product/Service can only be asserted directly against the third party that operates or provides that Linked Third-Party Site/Product/Service.

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

BY USING SUPE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:

  1. SUPE AND ALL OF ITS SERVICES AND FEATURES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUPE AND ALL OF ITS SERVICES AND FEATURES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, USEFULNESS OR RELIABILITY OF SUPE, OR THE RESULTS OF YOUR USE OF SUPE. WE ALSO DO NOT WARRANT OR GUARANTEE THAT SUPE AND ALL OF ITS SERVICES AND FEATURES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT SUPE AND ALL OF ITS SERVICES AND FEATURES WILL BE SECURE, UNINTERRUPTED, AND ERROR-FREE; THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT SUPE AND ALL OF ITS SERVICES AND FEATURES WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOUR USE OF SUPE AND ITS SERVICES AND FEATURES WILL BE SOLELY AND ENTIRELY AT YOUR OWN RISK.
  2. IN NO EVENT SHALL WE OR ANY OF OUR SUCCESSORS OR ASSIGNS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) SUPE OR ANY OF ITS SERVICES OR FEATURES, REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
  3. IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU AND/OR OTHERS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) SUPE OR ANY OF ITS SERVICES OR FEATURES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
  4. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, OUR TOTAL AND AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) SUPE OR ANY OF ITS SERVICES OR FEATURES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

USER INDEMNIFICATION

BY USING SUPE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO ANY OF THE FOLLOWING: (i) YOUR USE OF SUPE OR ANY OF ITS SERVICES OR FEATURES; (ii) ANY USER CONTENT CREATED, PUBLISHED, OR OTHERWISE MADE AVAILABLE ON SUPE BY YOU; (iii) ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF SUPE; AND/OR (iv) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW.

GOVERNING LAW; DISPUTE RESOLUTION

  1. If you use Supe within the United States: you and we agree that these Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Supe or arising out of or related to these Terms shall be resolved in federal courts located in New York, New York, U.S.A.
  2. If you use Supe outside of the United States: you and we agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Supe or arising out of or related to these Terms shall be resolved in the courts of England and Wales.
  3. Except where prohibited by applicable law, any claim or cause of action by you concerning Supe or arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

MISCELLANEOUS

These Terms do not create or intend to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Supe.

We may, at any time and with or without notice to you and other Supe users, assign these Terms together with all of our rights hereunder, to an affiliate or to an entity that acquires all or substantially all of the assets associated with Supe.

If any portion of these Terms is deemed unlawful, void, voidable or unenforceable, such portion shall be deemed severed from these Terms, and all remaining portions of these Terms shall not be affected and shall remain in full force and effect.

These Terms do not create or confer any third-party beneficiary rights.

A failure or delay on our part to enforce a right or provision under these Terms does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms shall only be effective if it is in writing and signed by us.

If you have any questions, comments, or concerns about Supe, please contact Supe customer support at [email protected].