Last Updated: February 9, 2023
Welcome to Super!
These terms of service (“Terms” or “Agreement”) constitute a legally binding agreement between you and Super Give Co. (“Super”) that provides the terms that govern your use of our website, mobile application, and any related content and services (“Services”).
These Terms are legally binding, so please read them carefully. By using the Services in any manner, you accept and agree to be legally bound by these Terms.
Wherever used in these Terms, “you,” “your,” or similar terms means the person or legal entity using the Services. If you are using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
Whenever used in these Terms, “Super,” “we,” “us,” or “our” means Super Give Co.
We may update and change any or all of these Terms, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms, and we will notify you of any changes that, in our sole discretion, materially impact these Terms. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms, which are available at heysuper.com/terms. When we change these Terms, we will modify the “Last Updated” date above.
To use the Services, you must create an account (“Account”). You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our Account registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s email address, password, or other personal information, or another person’s name, likeness, image, or photograph. You agree to promptly notify us of any unauthorized use of your email address, password, or any other personal information, or any other breach of security that you become aware of involving or relating to the Services.
If you create an Account, you acknowledge that we will treat anyone who logs in using your Account as you. We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your Account with or without your knowledge. Therefore, we recommend that you maintain your Account information in confidence and that you refrain from disclosing this information to anyone.
We may, for security or other reasons, occasionally require you to change your username and/or password and issue new ones to you. We reserve the right to terminate your Account without notice if we become aware of any breach of these Terms.
You are solely responsible for maintaining the confidentiality and security of your password. You agree to notify us immediately if you suspect any unauthorized use of your password or unauthorized access to your Account. You are solely responsible for any and all actions taken using your username and/or Account.
To use the Services, you must be at least 18 years old.
You agree that we may, in our sole discretion and subject only to applicable law: (1) terminate your Account or your ability to use the Services, at any time, without notice, for any reason, including but not limited to conduct violating any applicable law, these Terms, other policies or guidelines adopted by us and made available to you, or for any other reason whatsoever; and (2) remove and/or discard any content or materials, including but not limited to, any and all information, image files, or any other content submitted by you or on your behalf. Further, you agree that we shall not be liable to you or to any third party for any termination of your access to the Services. We urge you to make personal copies of all content you submit to us.
Super is based in the State of New York in the United States. We make no claim that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Pursuant to the terms and conditions provided herein, we grant you a revocable, non-exclusive, non-transferable, and non-sublicensable license to download and use our Services on a single mobile device that you own or control. No other licenses or rights are granted to you unless expressly provided herein.
You must be at least 18 years old to use the Services, or such greater age required in your country for you to be authorized to use the Services without parental approval.
You shall not do the following without our express written consent:
Pursuant to the terms and conditions provided herein, when you post or share content, you grant us a worldwide, revocable, non-exclusive, transferable, sublicensable, royalty-free license to host, use, modify, distribute, copy, publicly perform, translate, or create derivative works of your content. Your license to us terminates when your content is removed from our systems.
Your content may continue to exist elsewhere on our systems after you delete content when:
In each of the above cases, the content will be retained for no longer than is necessary, and your license to us will continue until the content has been fully deleted.
You may use and access the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:
We shall have the sole discretion to determine whether material provided by you constitutes prohibited material, and any material submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited content and material, for any reason, at any time, without notice. Notwithstanding the above, when you use the Services, you acknowledge and agree that all material (whether private or public) that is provided to us and/or uploaded and/or stored via the Services is the sole responsibility of the person who submitted it. You understand that by using the Services, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.
We may suspend, delete, or terminate the accounts of users who participate in any prohibited uses or otherwise violate these Terms.
Use of the Services may be interrupted, for maintenance, repairs, upgrades, network or equipment failures, forces of nature, and other unforeseeable emergency and force majeure events. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Our Content. The content and materials contained in the Services, including without limitation all text, software, graphics, logos, photos, music, videos, as well as the selection, organization, coordination, compilation, and overall look and feel of the foregoing (collectively, “Our Content”) are the intellectual property of Super or its licensors. You may use Our Content only in connection with the Services.
User Content. All text, images, drawings, photos, audio, video, and other content or information in any form that you submit, upload, store, or send in or through the Services, are referred to herein as “User Content.”
Super does not assert any ownership over any User Content. Rather, as between you and us, subject to the license grant detailed above, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. However, you understand and agree that we may use your User Content to improve or promote the Services and may reference or incorporate your User Content into our materials, programs, products, and services.
Feedback. By submitting any ideas, suggestions, improvements, proposals, reviews, or testimonials in any form or medium, including as part of any live or recorded audio or video course, seminar, workshop, or question-and-answer session (“Feedback”), you assign all right, title, and interest in the Feedback, including without limitation any intellectual property rights therein, to Super. You further represent and warrant that any Feedback that you submit does not contain any confidential or proprietary information of any third party and that Super is under no obligation of confidentiality, express or implied, with respect to any Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback, please do not submit the Feedback to us.
Third-Party Content. We occasionally provide users with free or discounted access to third-party content, websites, software, products, and/or services (“Third-Party Content”). We do not own and are not responsible for any Third-Party Content. All Third-Party Content is provided “as is” and you irrevocably waive any claim against us with respect to all Third-Party Content. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.
Our Trademarks. The names “Super Give Co.,” “Super,” and all related names, logos, product and service names, designs, and slogans are trademarks of Super or its affiliates or licensors (“Our Trademarks”). You may not use Our Trademarks without our prior written permission. All third-party names, logos, product and service names, designs, and slogans that appear in the Services are used for identification purposes only and are the trademarks of their respective owners.
While Super has the right to monitor activity and content associated with the Services, and may choose to prescreen User Content, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that we may use certain automated filters and other tools to block spam and to categorize and arrange User Content in the Services. We may, but will have no obligation to, remove or limit access to User Content that we believe in our sole discretion to be unlawful, abusive, harassing, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does Super have any obligation to verify the accuracy, timeliness, or truthfulness of any User Content. You are responsible at your sole cost and expense for creating backup copies and replacing any User Content that you provide in or through the Services.
You understand that Super and its affiliates are not responsible for the misuse or misappropriation of any content or information that you provide anywhere in or through the Services.
You understand that in using the Services, you may be exposed to User Content that you find offensive, indecent, and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content, or terminating Accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Super be liable in any way for any User Content, including but not limited to errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Content posted, emailed, transmitted, or otherwise made available via the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading via the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
SUPER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SUPER NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, SUPER AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES SHALL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES SHALL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES SHALL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
SUPER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPER OR VIA THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Super shall not be liable, and you are solely responsible, for any access or usage charges charged by your internet or wireless carrier related to any smartphone, tablet, or other device that you use to access or use the Services.
IN NO EVENT SHALL SUPER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE “SUPER ENTITIES”) BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT OR USERNAME AND/OR PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES SUPER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SUPER’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SERVICES, AND YOU HEREBY RELEASE THE SUPER ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We provide and control the Services from our offices within the State of New York in the United States of America. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule, whether of the State of New York or any other jurisdiction.
We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms or the Services (each a “Dispute”) informally by contacting email@example.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 10 days after submission, you may bring a formal arbitration proceeding as outlined below.
Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration, and shall pay an equal share of the arbitrator’s fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys’ fees.
You agree to indemnify, defend and hold harmless Super, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services or your violation of any provision of these Terms, the rights of a third party, or any applicable laws, rules, or regulations. Super reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Super in asserting any available defenses.
Super shall not be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond Super’s reasonable control and occurring without Super’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, pandemics, strikes or other labor problems (other than those involving our employees), or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications, or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Using the Services or sending emails to Super constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or social media and via the Services, satisfy any legal requirement that such communications be in writing.
No waiver by Super of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Super to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.
These Terms constitute the sole and entire agreement between you and us with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by Super without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms are written in United States English. Any translation provide by us is provided solely for your convenience. If any provision of any translated version of these Terms conflicts with the provisions contained in the English version, the English version controls.
These Terms do not and will not be construed to create any partnership, joint venture, employer-employee, or agency, or franchisor-franchisee relationship between you and Super.
Super Give Co. (“Super”) will respond to allegations of copyright infringement that comply with the terms of the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on our site infringes your copyright, please send a written notice of infringement (“DMCA Notice”) to our designated Copyright Agent at the address below. When a valid DMCA notification is received, we will respond by taking down or disabling access to the offending content. Upon taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed or disabled content so that a counter-notification may be filed. Upon receiving a valid counter-notification, we will generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA (17 U.S.C. § 512), any DMCA Notice must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Copyright Agent
Kushnirsky Gerber PLLC
27 Union Square West, Suite 301
New York, New York 10003
Or via email at: firstname.lastname@example.org
Subject: DMCA Notification
Please note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please also be aware that if you knowingly materially misrepresent that content or activity on our site infringes your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that content you posted on our site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Super (a “DMCA Counter-Notice”) by submitting written notification to our Copyright Agent at the address above. Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following:
Please be aware that if you knowingly materially misrepresent that content or activity on our site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is Super’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
PLEASE NOTE THAT THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.
For questions or concerns about these Terms, please email us at email@example.com.