MindSumo Terms of Use

Updated January 2017

Key Terms:

  • Your Information -The personal information of MindSumo users that is collected in the registration process. Including but not limited to name, address, telephone number, email address and resume.
  • Solver -Registered MindSumo users who submit potential solutions to Challenges that are posted on the site located atSite”) or on Client Challenge Portals.
  • Challenge Portal – A custom site designed for a Challenger to host Challenges with their own Solver community
  • MindSumo Challenge(s)/Challenge(s) -Specific problems of individual organizations that are posted for users to try and solve.
  • Challenger(s) -The businesses or other entities that post Challenges to be worked on by Solvers.
  • Challenge Reward(s) -The monetary or other compensation awarded to the winning Solver(s) of a Challenge. The Challenge Rewards are chosen by the Challenger.
  • Confidential Information- all non-public information, written or oral, disclosed through any means of communication by Challenger or any Solver in connection with the Challenge and any Solution.
  • Reward(s) -Any monetary or material compensation given to Solvers for their activity on the website.
  • Solution(s) -A proposal or idea submitted by a Solver for any individual MindSumo Challenge.
  • Winning Solution -A Solution that is chosen as the recipient of the Challenge Reward for a specific MindSumo Challenge.
  • Challenge Brief -The document created for each MindSumo Challenge that describes the nature of the Challenge, and the specific deliverables that Solvers must submit in order to be eligible to win the Challenge Reward.
  • Challenge-Specific Provisions -Additional terms and conditions outlined for a particular Challenge that a Challenger stipulates must be agreed to by participating Solvers.

The following describes the terms applicable to the use of the Site. Your use of the Site forms a legally binding contract with MindSumo, Inc. (“MindSumo” or “us”) based on these Terms of Use. If you have registered as a Solver, you will be bound to these Terms of Use as well as additional terms in any applicable Solver agreement or Challenge-Specific Provision. Additionally, Challengers are also bound to the Terms of Use. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use MindSumo.com and its services. MindSumo may revise these Terms of Use at any time by posting an updated version to this Web page. We may change these terms and conditions from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Site or our services after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these terms and conditions is not acceptable to you, your only remedy is to stop accessing and using the Site and our services.
1.The Site.This Site provides a service whereby Challengers may post Mindsumo Challenges to source ideas or use MindSumo’s database to identify and recruit potential job candidates from among the pool of MindSumo Solvers. Challengers may be commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. By using this Site, you acknowledge that MindSumo does not control in any manner the nature, quality, legality or timing of MindSumo Challenges. You agree that MindSumo is a neutral forum for MindSumo Challenges to be posted, and Solutions to be submitted.

MindSumo will use reasonable efforts to keep postings related to the results of Solutions and Challenge Rewards paid as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times.

2.Eligibility.The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.

3.Solver Registration.To be eligible to solve MindSumo Challenges (as further described below) and access information on the Site, you must register as a Solver and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by individual Challengers[Awbe1]. You may cancel your registration at any time by contacting . As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Solver or user. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify MindSumo at of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).

4. Challenger Registration. To be eligible to post Challenges and access information on the Site, you must register as a Challenger and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by MindSumo Inc. [Awbe2]As part of the registration process, you Challenger will be asked to select a password and a login name. You Challenger agrees that your its registration information will at all times correctly represents your Challengers professional affiliation, experience, qualifications and ability to transact business. You Challenger may not use a login name of another Challenger. Additionally, by creating a contest, you Challenger grants MindSumo a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable a license to to copy, display on its website, upload, perform, distribute, store, modify and otherwise use yourChallenger’s MindSumo Challenge Brief for the sole purpose of presenting the Challenge Brief to Solvers. YouChallenger also agrees to, in its sole and absolute disrection, pick a Winning Solution for the Challenge and agreesthat MindSumo will pay a Reward to the Solver who submits the Winning Solution from the fees youChallenger pays for the Challenge.

5.Others’ Information. MindSumo does not guarantee the accuracy of the Site or ownership of any information in a MindSumo Challenge Brief or the availability of any Challenge Reward, unless otherwise stated in a MindSumo Challenge Brief. While MindSumo believes such information to be posted in good faith, MindSumo does not control the information provided by others that is made available through the Site. Other user’s information may be inaccurate. You agree to look solely to the Challenger for any claims you may have regarding their information. [Awbe3]If you (the Solver) have a dispute with another user of the services (whether a Solver, Challenger or otherwise), you hereby release MindSumo from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6.Your Content.You (as the Solver) are solely responsible for the content of Your Information, postings, Solutions or other content provided by you (“Your Content”). MindSumo acts merely as a conduit for the distribution and/or publication of that information. MindSumo reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if MindSumo believes information is inappropriate for the Site or its services, may create liability for MindSumo, or may cause MindSumo to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers or partners. You hereby grant to MindSumo a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your Content in connection with the operation of the service or the promotion, advertising or marketing thereof (subject to our Privacy Policy as it relates to Your Information), with the exception that any of Your Content related to a specific Challenge is the sole and exclusive property of the Challenger whether or not Your Solution(s) is selected as the Winning Solution for any of the Challenger’s Challenges.
Additionally, Solvers represent and warrant that Your Content will be accurate and will not (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. All solvers may be asked to make legally binding warranties and representations to MindSumo and the Challenger in relation to a Solution that you submit.

You understand that the operation of the Site, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. Although we strives to keep Your Content secure, given the nature of the Internet, we cannot guarantee that we will be successful in doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
7.Conveyance of Ownership of Intellectual Property. If you submit a Solution in response to a MindSumo Challenge Brief, you agree that you are the owner of the submitted Solution and that you are legally free to make the disclosure and to convey the intellectual property rights being offered to the Challenger. You also agree that your Solution is subject to the additional terms and conditions in any applicable Solver agreement or Challenge-Specific Provision. By submitting a Solution, all Solvers agree to grant and hereby grant to the Challenger the intellectual property rights contained within their Solutions, regardless of whether any such Solution is a Winning Solution, and understand their Solutions may be used by the Challenger as they see fit. All Challengers agree that at least one Winning Solution will be chosen for each Challenge Brief, with an accompanying Challenge Reward paid by MindSumo to the Solver who provided the Winning Solution.

8.Payment of Rewards. Payment of Challenge Rewards will be handled in accordance with the terms set forth in the MindSumo Challenge Brief and/or its applicable Solver agreement or Challenge-Specific Provision. The conditions for qualifying for a particular Challenge Reward shall be as set forth on the Site in connection with that particular MindSumo Challenge Brief and may include a list of excluded Solutions. The decision as to qualifying criteria and conditions and whether to accept a Solution is entirely within the discretion of the Challenger. For Challenge Rewards and all other Rewards, MindSumo reserves the right to refuse payment and/or delivery at its own discretion.

Payment of any Challenge Rewardis conditioned upon your cooperation with MindSumo’s verification procedures. The Challenge Reward will be paid to you locally, in U.S. Dollars, or if required by your local law, in your local currency equivalent based on the foreign exchange rate in effect on the date of the disbursement by MindSumo. MindSumo is not responsible for payment of any A a Challenge Reward, or any part of any Challenge Reward, to any party other than to the Solver through whom the Solution was submitted to MindSumo. You understand that any Challenge Rewardrepresents a complete payment, net of any local taxes that MindSumo may be required to withhold, and that you are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Awards shall be your sole responsibility.

9.Site Limited License.(a) MindSumo shall retain all ownership in the Site and all content generated by it that is displayed on the Site, except to the extent that any Challenger retains ownership of any material in its MindSumo Challenge(s), Challenge Brief(s) and/or any Solutions. MindSumo grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by MindSumo is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MindSumo and/or any applicable Challenger. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MindSumo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form) of MindSumo or of a Challenger without express written consent of the appropriate party. You may not use any meta tags or any other "hidden text" utilizing MindSumo’s name or trademarks without the express written consent of MindSumo. Any unauthorized use terminates the permission or license granted by MindSumo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MindSumo.com so long as the link does not portray MindSumo, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MindSumo logo or other proprietary graphic or trademark as part of the link without express written permission
10.Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Site and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and MindSumo expressly disclaims any liability or responsibility thereto. You will comply with any codes of conduct, policies or other notices we provide you or publish on the Site, and you shall promptly notify us if you learn of a security breach related to the Site or our services.

11.No Warranties.EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". NEITHER MINDSUMO NOR CHALLENGER MAKES ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.

12.Limitation of Liability and Disclaimer. MindSumo has no control over, and is not responsible for the acts or omissions of Challengers, or the quality or legality of the Solutions sought thereby. MindSumo does not warrant or guarantee the accuracy or completeness of any MindSumo Challenge Brief, nor endorse any Challenger.
MINDSUMO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL MINDSUMO OR A CHALLENGERBE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at the request of MindSumo or Challenger, defend MindSumo and/or Challenger from, third party claims arising out of information you provide to MindSumo or Challenger for publication, any breach by you of this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or Mindsumo’s services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.