August 1st, 2011

Membership levels and payment

There are three levels of membership on Sumo Paint, namely: (1) Sumo Account, (2) Sumo Pro and (3) Sumo Partner. Sumo Account is a free service open to all registered users and have access to a limited set of features. Sumo Pro and Sumo Partner are available for an annual fee and have access to all of the Sumo account features as well as additional features as further described on the Site at www.sumopaint.com/licences. You agree that we may change the types of memberships that are available on Sumo portal or the features associated with them at any time.

Use of the portal may be subject to your payment of fees, which may vary according to the membership level to which you have subscibed. Users who elect to purchase Sumo Pro or Sumo Partner service agree to pay all applicable fees, as descibed on the Site and to provide Sumo with true and complete credit card information. If you select Sumo Pro or Sumo Partner membership, you warrant that you are authorized to make payment for the memberships fees. Sumo reserves the right to change its pricing and to institute new (including higher) charges for the paid services at any time; however Sumo will notify users of any change in pricing no less than ten (10) days prior to such change taking effect by posting the change on the Site and/or e-mailing it to users along with a link to the modified fee schedule so that you can review it.

If you do not agree to the change, then your sole option is to notify Sumo prior to the end of the notice period that you wish to terminate your membership.

Your Sumo Pro or Sumo Partner membership, if any, will be renewed and you will be charged the applicable subscription fee automatically on a annual basis without prior notice (except in the event of a change to the amount of such fee) and fees for any other products or services (including applicable taxes) incurred on your account, unless and until you cancel your Sumo Pro or Sumo Partner membership or Sumo terminates it, to ensure uninterrupted access to your account. You must cancel your Sumo Pro or Sumo Partner membership before it renews each year in order to avoid billing of the next year's subscription fees. You may cancel a Sumo Pro or Sumo Partner membership at any time. Such cancellation will be effective at the end of the current yearly term of the Sumo Pro or Sumo Partner membership. If you choose to cancel a Sumo Pro or Sumo Partner membership, you will not be refunded any portion of any pre-paid fees and will have all rights associated with the Sumo Pro or Sumo Partner membership until the end of your membership term. Cancellation may be requested by sending an email to info@sumo.fi notifying Sumo of your request. All Sumo Pro or Sumo Partner membership accounts can only be closed by the account holder through the procedure described herein. Once a Sumo Pro or Sumo Partner membership is cancelled, User will not incur additional fees for that account.

If your payment cannot be processed or is returned for any reason, including insufficient funds, Sumo reserves the right to immediately suspend and/or terminate your access and your account, thereby terminating this Agreement and all obligations of Sumo hereunder. In such event, Sumo will have no obligation to return any image, data or other information previously provided by you to the Site.

Sumo Credits

Sumo credits are issued via contest winnings or made available as an option through print sales via the Sumo Prints that can be used to purchase products through the Sumo Store or pay for subscriptions. Sumo credits are not legal currency and are not legal tender. To check your balance, simply go into your Credit Center found from your Settings page.. Sumo Credits are nontransferable and Sumo Credits accrued in multiple accounts may not be combined. Your Sumo Credits cannot be redeemed for cash and cannot be used towards sales tax, gift certificates or past purchases. Sumo Credits are void where prohibited by law.

Sumo Dollars

Sumo Dollars can be redeemed to your credit card or bank account. You can earn Sumo Dollars for ex. by selling your artwork, publishing images for public use (when other users can order for ex. T-shirts that includes your images) etc.

Sale of user content and other purchases

As a Sumo Pro or Sumo Partner member, you may elect to offer a portion or all (Sumo Dollars) of your user content for sale to other users. The Billing Services supported by the Site may be changed from time to time at the sole discretion of the Site, upon prior notice to you. All sales of user content made by you using the Services of the Site shall be subject to a percentage fee of the gross sale amount. The percentage fee will be posted at such time as a section of Sumo’s website dedicated for sales between users becomes publically accessible. Sumo prohibits the use of Contributor and Subscriber contact information obtained from the Site to complete transactions outside of the Site.

With respect to each work contained in your user content you will need to select from a list provided by the Site the price for such work. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR SALE MADE OVER THE SITE WILL BE BETWEEN YOU AND THE PURCHASER OF SUCH OFFERED CONTENT AND THEREFORE NEITHER THE SITE NOR SUMO WILL BE A PARTY TO ANY SUCH TRANSACTION AND YOU HEREBY AGREE TO INDEMNIFY THE SITE AND THE INDEMNIFIED SUMO PARTIES AGAINST ANY COST, EXPENSE OR LOSS ASSOCIATED WITH SUCH TRANSACTION.

In the event that you wish to purchase products from the Sumo Shop, you will have to register with the Site and, by the time of purchase, provide valid credit card information. As a condition to acquiring any rights in any of the user content made available by other Sumo users, you hereby agree and acknowledge as follows: (i) any transaction that occurs with respect to the user content is solely between you and the User posting such user content, and (ii) neither the Site nor Sumo make any representations or warranties with respect to the ownership, copyright, trademark, infringement or other intellectual property rights associated with the user content; and You hereby agree to indemnify the Sumo Indemnified Parties against any cost, expense or other loss incurred by the Sumo Indemnified Parties with respect to any claim of a third party that your use of the user content violates their intellectual property rights.

If you purchase rights to any user content from the Site, you hereby authorize Sumo to reveal to the User offering the Content and/or a Billing Service such portion of your registration information as is necessary or desirable to consummate such purchase. You hereby agree to indemnify the Sumo Indemnified Parties against any cost, expense or other loss incurred by the Sumo Indemnified Parties in connection with revealing such information; provided however you will have no obligation to indemnify the Sumo Indemnified Parties if such cost, expense or loss is a direct result of Sumo’s gross negligence.

All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.

In general, Sumo accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Sumo at info@sumo.fi and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Sumo on returned items, and Sumo will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Sumo's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.

ANY PRODUCT PURCHASED THROUGH THE SUMO SHOP IS PROVIDED ON AN "AS IS" BASIS. SUMO'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE SUMO SHOP SHALL BE FOR SUMO TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.