JumpUp.com and any web pages that display a direct link to these Terms of Use (collectively the "Site"), provide information and services to you and are available to all individuals, entities and programs (collectively "Users").
You acknowledge that the terms and conditions set forth below (the "Terms of Use"), together with Intuit's Privacy Statement (collectively the "Terms"), govern your use of the Site and the services available on the Site. These Terms are a legal contract between you and Intuit Inc. ("Intuit" or "us" or "we"). By clicking on the "I Agree" button on the registration page, or by using the Site or the related services, you agree that you have read and understand these Terms and agree to be bound by them. If you do not agree to these Terms, do not click the "I Agree" button and do not use or otherwise access the Site.
Intuit reserves the right, in its sole discretion, to modify the Terms at any time effective upon posting of the modified Terms on the Site. Intuit also reserves the right to waive or modify any of these terms as they apply to a specific Posting or member without affecting the application of these terms to all other Postings and members. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. "Postings" means, but is not limited to, any text, links, documents, content, Images (defined below), communications, opinions, software, data, and any other information any user provides on the Site, including, but not limited to contributions to message boards, chats, discussion forums, blogs, podcasts, wiki pages, spotlight pages or otherwise.
Intuit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Intuit shall not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
As described below, Users who violate the Terms may be banned permanently from posting or otherwise participating within or accessing the Site.
Intuit grants you permission to access and use the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Intuit. Your permission to use the Site does not include any resale or commercial use of the Site or its contents whether provided by Intuit or registered Users contributing content in message boards, chats, blogs, wikis or other consumer-generated-content tool; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes.
You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to Intuit that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.
In order to submit Postings or set personal preferences for use on the Site, you must complete the registration process. As part of the registration process, you are required to select and use only one username. The information that you supply during the registration process must be accurate and complete and you agree not to (i) register under the name of another person; (ii) choose a user name that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; or (iv) violates the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any Intuit employee, Officer or Director.
Your email address, and first and last name, on your registration will remain confidential. However, you may change your first and last name on your registration to "visible" in your member profile for friends and contacts. It will then be available to friends and contacts you designate. Additional information provided in your registration such as Products and Services used and Industry may be used by the Site to provide you with content unique and personalized to you and other registered Users with similar profiles.
You must maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
If, after investigation, Intuit has reasonable grounds to suspect that any Registered User's information is untrue, inaccurate, not current or incomplete, Intuit may suspend or terminate that Registered User's account and prohibit any and all current or future use of the Site (or any portion thereof) by that Registered User other than as expressly provided herein.
For more information regarding our privacy policy, please visit the Privacy Statement.
Any Postings that you place on the Site are posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as by posting your contact information or email address on the Site. Intuit disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or Postings.
Intuit reserves the right to remove any Postings on the Site containing phone numbers, street addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains.
Postings and Third Party Content (defined below) available on the Site are, in each case, the copyrighted work of the respective third party or third party user of the Site. You acknowledge that you are responsible for the Postings you submit to the Site and that you, and not Intuit, will have full responsibility for your Postings, including their legality, reliability, appropriateness, originality and copyright. By submitting any Posting to the Site, including, without limitation, any Posting that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of the content of the Posting and any Images, or that the copyright owner of the content or Images has granted you permission to use such content or Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. No compensation will be paid with respect to the use of your Posting or any Image you submit.
Intuit has no obligation to monitor Postings or other materials. However, Site Moderators (Hosts) may monitor the Site's Postings. Site Moderators do not pre-screen Postings, monitor on a "real time" basis or edit Postings made to the site. As a User, you may see content that is offensive or objectionable. Each User must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content to the Site by emailing abuse@JumpUp.com
Registered Users may include hypertext links in Postings to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, would not violate the Terms. Intuit exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon.
Clicking on links to such sites is done so at the User's own risk. Intuit and the Site staff reserves the right to review any Postings and to remove or refuse to remove or post any Postings in its sole discretion. You understand that the content within the Site is based on individual opinion and experience, which may vary significantly from one person to the next. Intuit does not endorse or guarantee the accuracy of any Posting, Third Party Content or other content on the Site. You agree that Intuit is not responsible for the accuracy of the content of the Site and will not be liable for any damages incurred as a result of the submission or use of any such content.
From time to time we may communicate with you personally concerning your participation in the Site or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications on the Site or elsewhere on the Internet.
Subject to our compliance with our Privacy Policy, you agree that Intuit shall be free to use or disseminate your Posting on an unrestricted basis for any purpose. If you submit such Posting to the Site, you grant Intuit a nonexclusive, worldwide, royalty-free, perpetual and irrevocable license to (in any media now known or not currently known or invented) distribute, publicly perform, publicly display, link to, utilize, use, copy, reproduce, exploit, and prepare derivative works of the Posting and to sublicense all of the foregoing rights to others through multiple tiers of sublicensees. No Posting you submit shall be deemed confidential. Some Third Party Content may be licensed by Intuit for use on the Site. "Third Party Content" means content and information licensed by Intuit from third parties for display on the Site. Such Third Party Content shall be subject to the license set forth above unless such Third Party Content indicates that it is subject to other terms, in which case such other terms shall apply. INTUIT DISCLAIMS ALL WARRANTIES WITH REGARD TO POSTINGS AND THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In addition to the foregoing, by submitting ideas, testimonials, opinions, suggestions or any other material to the Site, you agree that Intuit will treat such submissions as non-confidential, that Intuit can use such submissions without any compensation to you or to any other person or entity, and that Intuit may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such submissions from you. You also agree that you are free to provide your opinion or suggestion to us.
Intuit reserves the right to manage the Postings on the Site in order to facilitate the orderly distribution of information through the Site. For that purpose, Intuit may at its election designate Intuit employees and/or outside entities to act as Moderators for the Site. The Moderators are not obligated to review all Postings, nor do they edit Postings. You assume the risk of reading and acting upon information from any Postings made by a Moderator or other individual within the Site.
Moderators are the only authorized representatives of Intuit on the Site. Any Postings by an Intuit employee, other than those designated as Moderators, are those of such employee and do not represent the ideas and opinions of Intuit. Intuit does not endorse and is not responsible for any Postings provided by any Intuit employee who is not designated as a Moderator.
The Site welcomes all points of view on financial and accounting software, business and practices. Please respect and interact with other Registered Users as you would in any public arena. If you wish to take issue with the statements of other Registered Users, please engage in healthy, mature debate and not immature behavior or name-calling. We want to maintain an inviting environment for all visitors and members. Disruptive conduct, such as off-topic comments in a topic-oriented discussion, is not allowed. Neither is "spam" (Postings made in multiple places throughout the Site).
Profanity, Harassment and Other Inappropriate Conduct. You may not submit Postings that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory, or any material that interferes with the ability of others to enjoy or utilize the Site. We do not tolerate harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.
Illegal and Objectionable Activities. Intuit does not allow the promotion of illegal conduct, activities or fraudulent schemes in the Site. Specifically, you may not advocate illegal conduct, such as money laundering, tax evasion, pyramid schemes, etc. Furthermore, you agree to not engage in any illegal activity in connection with your Postings or post links to other web sites that deal with such illegal activities.
Promotions and Solicitations. You agree that, except with Intuit's prior consent, you will not (either in your Postings or in your profile) solicit or promote any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. In addition to the foregoing, you agree that you will not post or otherwise make available to users via the Site any Posting or external link that is competitive with, or which otherwise benefits competitors of, Intuit products and services. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method. You agree to not gather public email addresses that may be made public in the Registered User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site.
Rights of Third Parties. You may not submit Postings, including forms, software, derivatives works of software or property, photos or images, that infringe in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Postings for Registered Users to access copyrighted material for informational purposes -- but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.
You may not submit Postings that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
In connection with your use of the Site, you may be made aware of services, products, articles, offers and promotions provided by third parties, and not by Intuit. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Intuit, is responsible for the performance of the Third Party Services.
The Site may contain or reference links to third party websites. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit of any information contained in any third party website. In no event will Intuit be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of Intuit. Intuit is not responsible for such provisions and expressly disclaim any liability for them.
Your privilege to use or access the Site may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that Intuit reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that Intuit may exercise this right in its sole discretion.
MOST OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY CONTENT) POSTED TO THE SITE IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH INTUIT. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT INTUIT DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT INTUIT IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD INTUIT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
THE CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY CONTENT AND ANY INTUIT CONTENT) IS PROVIDED "AS IS" AND CARRIES NO WARRANTIES. INTUIT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. INTUIT DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. INTUIT IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE WITHOUT SUCH LIMITATIONS.
The Terms are a complete statement of the agreement between you and Intuit, and set forth the entire liability of Intuit and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms of Use and either the Intuit Privacy Statement or the Terms of Service applicable to the Site, these Terms of Use shall prevail. The agents and employees of Intuit are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Intuit. Any waiver of the terms herein by Intuit must be in a writing signed by an authorized officer of Intuit and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Santa Clara County, California. The Terms do not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.
I desire to submit to Intuit Inc. (hereinafter "Sponsor") my entry for consideration in the Intuit "Just Start" Contest (the "Contest").
I represent and warrant to Sponsor that the entry, which will consist of either a video or a photograph with an essay of a maximum of 250 words (the "entry"), is original, has never been submitted in another contest, is my own work or that of the group I am acting on behalf of to submit the entry, and not the work of any other person, group or company, that it does not defame, invade or infringe upon the privacy rights of publicity or intellectual property rights of any person, living or deceased, or of any company (including but not limited to: script, lyrics, music, text, graphics, photographs, statements and the like), that I own and control it, that no one else has any rights to it, and that it is available for publication and distribution by Sponsor.
I hereby irrevocably assign to Sponsor, with full title guarantee, all intellectual property and other rights, in and to my entry including, without limitation, the copyright therein, the right to make derivative works and copies there from, and the right to use such entry for any purpose whatsoever in all media, royalty-free worldwide in perpetuity. Sponsor shall have the right to assign or dispose of my entry however it sees fit without approval from me.
In accordance with the foregoing, I will confirm that any and all cast and crew involved with making this entry are 21 years of age or older, have participated in the creation of the entry voluntarily, and understand and agree that: a) all rights in the entry shall be assigned to Sponsor; b) they do not have any rights in or to the entry whatsoever; and c) they have granted me any and all necessary rights and permissions to create, own, publish, distribute, broadcast and otherwise fully exploit the entry in any media, worldwide, in perpetuity, including without limitation, the right to assign the entry and all rights therein to Sponsor. I understand that Sponsor may approach me to verify and/or reconfirm any rights or clearances associated with my entry, including without limitation, those of the cast and crew, and I hereby agree to make all reasonable efforts to assist Sponsor with verifying, reconfirming, memorializing and/or perfecting such rights or clearances, without compensation or other consideration.
I recognize that my submission may be identical to, similar to, or competitive with other entries, ideas or creative works that have or may come to Sponsor internally or from external sources, but have not been previously implemented, released or distributed. I understand and agree that Sponsor may combine my entry or elements thereof with those of other Contest entrants.
I hereby request that Sponsor review and consider my entry submission in the Contest. In order to induce Sponsor to do so, I agree that I will not at any time assert any claim that Sponsor has unlawfully or improperly used my entry or any part thereof. I understand that Sponsor may, in its sole discretion, post my entry online to be part of consumer voting or general viewing, whether or not my entry is judged as a Top Five Finalist or determined to be a Prize Winner.
I hereby forever release Sponsor from any and all liability and claims in connection with the subject matter hereof, including, without limitation, the entry, receipt, consideration, review or editing, adaptation, use or decision not to use my entry. I am submitting my entry without further consideration to me, whether or not I am a Prize Winner.
I further agree that if my entry is lost, late, misplaced, stolen or destroyed after it is submitted to Sponsor, regardless of cause, Sponsor will not thereby incur any obligation to me.
Sponsor hereby grants me the limited right to display, show perform or broadcast the entry for personal non-commercial use, and as part of my portfolio for the purposes of displaying my work in educational contexts and showing my video entry as an example of my work to prospective employers.
By clicking the "submit now" button on the registration form, I am declaring that I am at least 21 years of age and have read the foregoing and fully understand and agree to the contents thereof.
