Terms of Service
Effective Date: 4/21/2020
We separately provide a Privacy Notice which is not part of this agreement and sets forth our policy for processing personally identifying information and the like.
Access to the Service
Children under the age of 13 are not allowed to use the Service. In addition, certain of our Service or portions of our Service require you to be older than 13 years of age, so please read all notices and any Additional Terms carefully when you access the Service. If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.
Use of Service
Sugar23 grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Service solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms. Except as permitted through the Service or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Service or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Service or Content; or
- access the Service or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Service will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
User Generated Content
You or other Website users may post, upload, or otherwise contribute content to the Service (which may include, for example, text, messages, information, images or pictures videos or other audiovisual works, descriptions, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any content posted to Website.
We accept contributions of certain films, videos or other audiovisual works only subject to entering into a separate license agreement (“License”) with us, the terms of which are accessible at the time that you contribute a work. However, we determine, in our sole discretion, whether to post or make User Content available to others, and your submission of User Content is not an agreement, assurance or guarantee by us to accept, post or make your User Content available to others.
In addition to any terms set forth in the License, you promise to us that, with respect to User Content you post on Website, (1) you own or have rights to post the User Content, and (2) such User Content, or its use by us as contemplated by these Terms, does not violate the Terms or any other rights set forth within the Terms, applicable law, or the intellectual property, publicity, personality, privacy, or other rights of others or imply any affiliation with or endorsement of you or your User Content by us or any other content creator without the express written consent of an authorized representative of such individual or entity.
We may, but have no obligation to, monitor, review, or edit User Content. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates the Terms or our Content Policy. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content you post and for your use of the Service. We are not responsible for User Content nor do we endorse any opinion contained in any User Content. You agree that if anyone brings a claim against any of us related to your use of the Service, violation of these Terms, violation of applicable laws or regulations, or User Content that you post, then, to the extent permissible under local law, you will indemnify and hold each of us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You retain any ownership rights in all User Content you post, but you grant us a license to use that User Content which will be provided to you when you post the User Content.
When accessing or using the Service, uploading or posting any of the following types of User Content is prohibited:
- Content that is illegal
- Content that contains obscenity or pornography
- Sexual or suggestive content involving minors
- Content that encourages or incites violence
- Content that threatens, harasses, or bullies or encourage others to do so
- Personal and confidential information
- Impersonations of an individual or entity in a misleading or deceptive manner
- Content used to facilitate any transaction or gift involving firearms, ammunition, explosives, legally controlled firearms parts or accessors, or 3D printing files to produce any of the aforementioned; drugs, including alcohol and tobacco, or any controlled substances; paid services involving physical sexual contact; stolen goods; personal information; falsified official documents or currency; fraudulent services.
When using or accessing the Service of the Website, you will not:
- Use the Service to violate applicable law or infringe any person or entity’s intellectual property or any other proprietary rights;
- Attempt to gain unauthorized access to another user’s User Content or to the Service (or to other computer systems or networks connected to or used together with the Service);
- Upload, transmit, or distribute to or through the Service any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
- Use the Service to harvest, collect, gather, or assemble information or data regarding the Service or users of the Service except as permitted in these Terms or in a separate agreement with us;
- Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
- Intentionally negate any user’s actions to delete or edit their User Content on the Service; or
- Access, query, or search the Service with any automated system, other than through our published interfaces and pursuant to their applicable terms.
Third-Party Content, Advertisements, and Promotions
The Service may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Service may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any User Content or information on the Service, including your User Content.
We may ask you to include specified hashtags, links, or other references to Third-Party Content in your social media accounts or posts as a condition of accepting your User Content or making your User Content available to others. For example, we may ask you, as a condition of accepting or making your User Content available, to promote certain third-party charities, campaigns or other services in your social media accounts. You are agreeing, by using the Services, that we might not accept or make your User Content available unless we can verify that you maintain such references or promotions in your social media.
Viruses and Malware
We recommend that you install appropriate defenses against viruses and other malware before you download any information or User Content from this Website. We shall accept no liability for any virus or malware contracted as a result of visiting this Website or any other website and will not be liable for any claim, loss, damage, costs, or other expenses suffered or incurred by any person as a result of the presence of any virus or malware on this Website or another website.
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. None of us, our licensors, or our third-party service providers warrant that the services are accurate, complete, reliable, current, error free, or appropriate for a particular purpose. We do not control, endorse, or take responsibility for any content available or linked to the Service or the actions of any third-party or user. Thus, by using this Website you assume full responsibility for using the materials and information at this Website and you understand and agree that we are not responsible or liable for any claim, loss, damage, costs, or expenses resulting from its use.
We make no promises that content on this Website are appropriate or available for use in locations outside the United States, and accessing this Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We have a policy that includes the removal of any infringing materials from the Service. If you believe that anything on our Service infringes a copyright that you own or control, you may notify our Designated Agent by contacting:
c/o Sugar23, Inc.
641 N. LARCHMONT BLVD. SUITE 100
LOS ANGELES CA 90004
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to any or all of us for certain costs and damages.
If we remove your User Content in response to a copyright or trademark notice, we will notify you using the contact information you provide when you upload your User Content. If you believe your User Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above. Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.
Limitation of Liability
In no event and under no theory of liability, including contract, tort, negligence, strict liability, or otherwise, will any of us be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these Terms or the Service, including those arising from or relating to content made available on the Service that is alleged to be defamatory, offensive, or illegal. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will our aggregate liability exceed the greater of $100 or any amount paid to us in the previous six months for the Service giving rise to the claim. The limitations of this section will apply to any theory of liability including those based on warranty, contract, statute, tort (including negligence), or otherwise, and despite whether we had been advised of the possibility of any such damage and even if any remedy set forth is found to have failed its essential purpose. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall anything herein or otherwise related to these Terms, the Website, the Service, the License, the Content or the User Content constitute or give rise to a partnership or joint venture between or among any of us or you or constitute any of us or you the agent of the others.
Governing Law and Venue
Except for the government entities listed below: any claims arising out of or relating to these Terms or the Service will be governed by the laws of California, other than its conflict of laws rules; all disputes related to these Terms and Service will be brought solely in the federal or state courts located in Los Angeles, California; and you consent to personal jurisdiction in these courts.
If you are a U.S. city, county, or state government entity, then this Section does not apply to you.
If you are a U.S. federal government entity: any claims arising out of or relating to these Terms or the Service will be governed by the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Service will be brought solely in the federal or state courts located in Los Angeles, California.
Changes to the Terms
Changes may be made to these Terms from time to time. If we make changes, we will pos the amended Terms to our Service and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address provided with any uploaded User Content or by otherwise providing notice through our Service. By continuing to access or use the Service on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Service before the changes become effective.
While using the Service, you may be asked to agree to additional terms before using a specific product or services offered by us (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
We may terminate or suspect access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Service. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. If you fail to comply with these Terms and we do not take immediate action, we do not waive any rights, such as the right to take action in the future. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
You and we agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action will be permanently barred.