1. Age Restrictions
2. Your Account, User Names and Passwords
You may be required to set up an account with Sugar Factory in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.
You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access the Website and you agree not to transfer your password, user name, account or the use of your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with your password or user name. You agree to immediately notify Sugar Factory at the following email address customerservice(at)sugarfactory.com of any unauthorized use of your password or user name or any other breach of security related to your account or the Website and to â€œlog offâ€ from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
3. Ownership of Materials, Website Access and Limited License
All of the Website's content, including, without limitation, any materials, information, matter, files, text, data, graphics, logos, designs, pictures, photographs, images, illustrations, computer generated displays and interfaces, software, audio recordings, video recordings, audiovisual recordings, musical works, documents, articles, advertising copy and other works of whatsoever nature (collectively, the Materials), is owned or licensed by Sugar Factory and protected by applicable U.S. and international copyright, trademark, patent and/or other intellectual property laws. The selection, coordination, arrangement and other compilation of the Materials on the Website is the exclusive property of Sugar Factory and is protected by U.S. and international copyright laws.
5. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, online hosting or storage services, or other areas or services in which you or other parties create, post or store any content, messages, comments, materials or other items on the Website (Interactive Areas). You are solely responsible for your use of the Website's Interactive Areas and use them at your own risk. By using any Interactive Areas you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photos, graphics, pictures, code, software or other works, content or materials (User Content) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another's privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Sugar Factory in its sole discretion);
b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that you do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to transmit, distribute, reproduce and display such User Content;
e. User Content that falsifies or deletes another's attributions, legal notices or proprietary designations;
f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Sugar Factory, any of Sugar Factory's affiliates or any other person or entity) or falsely states or otherwise misrepresents your affiliation with Sugar Factory, any of Sugar Factory's affiliates or any other person or entity;
g. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
h. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information and other financial institution account information;
i. User Content stalking or otherwise harassing another user of the Website or an employee of Sugar Factory or any of Sugar Factory's affiliates;
j. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website's users;
k. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
l. User Content that, in the sole judgment of Sugar Factory, is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Sugar Factory or its users to any harm or liability of any type.
Please be aware that any User Content you post on the Website becomes public information and can be collected and used by others and may result in your receipt of unsolicited messages from third parties. Accordingly, we discourage you from posting on the Website any personal information that can be used to identify or locate you, such as your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
7. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act, 17 U.S.C. Â§ 512 (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our Website in a way that may constitute copyright infringement, you may provide notice of your claim to our designated agent listed below (Designated Agent). For your notice to be effective, it must include the following information:
(1) A physical or electronic signature of the owner of the exclusive right that is allegedly infringed or the person authorized to act on behalf of the owner;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit Sugar Factory to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sugar Factory's Designated Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Chief Legal Officer
Sugar Factory LLC
8330 West Sahara Ave.
Las Vegas, NV 89117
Fax: (702) 446-5762
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our Website. All other inquires to the Designated Agent will not be answered.
8. Privacy and Protection of Personal Information
9. Risk of Loss
All purchases of items sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier. We carefully pack products for safe shipping and check the carriers reliability and punctuality. However, we cannot guarantee that any damage to, or delay in the shipping of, products offered by us will not occur and you agree that we are not responsible or liable for any such damage or delay.
10. Product Descriptions
We attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
11. Objectionable Content
You understand that by using this Website, the Materials or any services provided through the Website, you may encounter content that may be deemed by some to be offensive, indecent or objectionable, which content may or may not be identified as such. You agree to use the Website, the Materials or any services provided through the Website at your sole risk and that Sugar Factory and Sugar Factoryâ€™s parent company, subsidiaries, affiliates, licensees, successors and assigns (the Sugar Factory Affiliated Parties) shall have no liability to you for any content that may be deemed offensive, indecent or objectionable.
12. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY SUGAR FACTORY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SUGAR FACTORY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
SUGAR FACTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, SECURITY OR USE OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON THE WEBSITE OR THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, PRODUCTS, MATERIALS, USER CONTENT OR OTHER ITEMS OFFERED OR INCLUDED ON THIS WEBSITE. SUGAR FACTORY DOES NOT WARRANT THAT ANY FUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS OR USER CONTENT WILL BE REPAIRED OR CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUGAR FACTORY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR PORTABLE DEVICES RESULTING FROM USE OF THE WEBSITE OR ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER MALFUNCTION.
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND OTHER JURISDICTIONS, SUGAR FACTORY'S LIABILITY IS LIMITED OR EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Online Conduct
You agree to use the Website, the Materials and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter egg, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Websiteâ€™s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website, the Materials or any User Content or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website.
17. Revisions to the Website
We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the Website or any services offered through the Website without notice to you; (ii) limit the Websiteâ€™s availability to any persons, geographic areas or jurisdictions we choose; (iii) charge fees in connection with the use of the Website and modify and/or waive any such fees and/or (iv) offer opportunities to some or all of the users of the Website. You acknowledge and agree that neither Sugar Factory nor any of the Sugar Factory Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Website, the Materials or any services offered through the Website.
We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts to: (i) upload content to the Website; (iii) modify the Websiteâ€™s Materials or any User Content and/or (iii) cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.
You agree to indemnify, defend and hold Sugar Factory, the Sugar Factory Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively, the Sugar Factory Indemnified Parties) from and against any and all costs, expenses, fees, including, without limitation attorneys' fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the Sugar Factory Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the Website or the Materials (including, without limitation, your posting of any User Content on the Website); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.
20. Governing Law, Venue and Jurisdiction
21. General Provisions
22. Rules for Sweepstakes, Contests and Similar Promotions