SugarLoot Community Rules and Terms of Use
Before you register for SugarLoot, please read through these Terms of Use about how we operate. By using SugarLoot’s website, you are agreeing to these terms of use whether or not you register. You should also read our Usage, Safety, and Privacy policies for more information. We will update these terms of use from time to time, and when we do, we will post the revisions to the website.
This service (the service and website, collectively "SugarLoot") is provided by SugarLoot to you ("you" or "user"), subject to the terms of these SugarLoot Community Rules and Terms of Use (the "Agreement"), and the rules that may be published from time to time by SugarLoot. SugarLoot currently is provided as a free service to users who agree to abide by the terms and conditions of this Agreement. SugarLoot reserves the right to change the nature of this relationship at any time. SugarLoot has the right to terminate the SugarLoot account ("Account") of users who violate the terms of this Agreement and to permanently ban such users from using SugarLoot. REGISTERING AS A MEMBER OR OTHERWISE USING SUGARLOOT WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER SUGARLOOT.
Rules
You are entirely responsible and liable for all activities conducted through your Account. Listed below are some, though not all, violations that may result in SugarLoot terminating your Account.
SugarLoot Community Rules
You agree not to do any of the following actions while using SugarLoot: harass, threaten, embarrass or cause distress or discomfort upon another SugarLoot participant, user, or other individual or entity; transmit via SugarLoot any information, data, text, files, links, images, software, communication or other materials ("Content") that SugarLoot considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or vulgar, hateful, racially, ethnically or otherwise objectionable; impersonate in SugarLoot any person, including but not limited to, a SugarLoot staff member; intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing SugarLoot or in connection with your use of SugarLoot in any manner; and post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in SugarLoot.
If you violate any of these community rules, your account may be terminated. For an example of the most common reasons we cancel a members’ membership, please see the SugarLoot Usage Policy.
Intellectual Property
Copyright Policy
SugarLoot respects the intellectual property of others, and we ask our users to do the same.
1. SugarLoot's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims
Claims of infringement should be in writing and should be directed to SugarLoot's designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b. SugarLoot’s Designated Agent for Notice of claims of copyright infringement: Gina DiGioia, Alloy, Inc. 151 W. 26th Street, 11th floor New York, NY 10001 Telephone: 212-244-4307 Fax: 212-244-4311, or email us.
2. SugarLoot’s Policy Concerning Infringers. Under the appropriate circumstances, it is SugarLoot’s policy to remove and/or to disable access from SugarLoot to web pages of infringers, to terminate subscribers and account holders who are infringers.
Content
You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. SugarLoot shall not be responsible for any Content. SugarLoot does not prescreen or monitor all Content as a matter of policy, but SugarLoot shall have the right, but not the responsibility, to remove Content which is deemed in SugarLoot’s sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules SugarLoot has in place at the time.
SugarLoot may elect at its sole discretion to monitor some, all, or no areas of SugarLoot for adherence to this Agreement or SugarLoot’s rules.
What To Do
If you witness, in a public room, activities that violate this Agreement or any other SugarLoot rules then in effect, please e-mail the offending person's identification and cut and paste the relevant content and contact us. SugarLoot cannot guarantee that any action will be taken as a result of your e-mail. Please refer to this Agreement from time to time for any updates SugarLoot may make to this Agreement and to SugarLoot rules.
General Terms of Use
1. Eligibility for Membership. Our services are available only to individuals who are 13 years of age or older. By using SugarLoot, you represent and warrant that you are 13 years of age or older. If you are a minor, you should keep in mind that much of the content of SugarLoot is uncensored. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of SugarLoot; and (iii) the consequences of any misuse. SugarLoot reserves the right to restrict access of certain portions of the site to persons who are 18 years of age or older.
2. Fees. Membership at SugarLoot is free, but specific goods and services may require the payment of a fee. Unless otherwise stated, all fees are quoted in United States Dollars. We may in our sole discretion add, delete or change some or all of our services at any time.
3. SugarLoot is only a venue. To the extent that any sales of goods or services occur or may be offered on our site, SugarLoot acts only as the venue for sellers to conduct sales and for interested parties to respond, and/or for advertisers to promote their products and for users to links that advertisers provide. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, minors or people acting under false pretense. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you expressly release SugarLoot (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We cannot, nor do we try to, control the information provided by other users that is made available through our system. In particular, note that all graphics displayed in listings may not reside on our servers, and we do not and cannot control these. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
4. Improper Activity. Without limiting any other remedies, SugarLoot may terminate your Account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
You may not make any use our site which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or would violate, any applicable law, statute, ordinance or regulation.
5. Privacy. We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Accordingly, we have established a detailed Privacy Policy describing our information practices. However, notwithstanding anything in this Agreement or our Privacy Policy to the contrary, in some cases SugarLoot may permit users to post photographs, videos and information about themselves for public review and comment. Accordingly, by submitting your photograph, video and/or any personal information, you thereby waive any privacy expectations you have with respect to our use of your likeness or personal information provided to us. If you do not wish to have your picture, video, or information about yourself viewed by or disclosed to others, do not use this aspect of SugarLoot.
6. Your Information. Your information includes any information you provide to us or other users during the registration process, in any public message area (including any chat rooms or through the feedback system) or through any e-mail feature (defined herein as "Your Information"). With respect to Your Information:
6.1 You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
6.2 Your Information on SugarLoot: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.3 You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. SugarLoot will only use Your Information in accordance with our Privacy Policy.
7. Indemnification. You agree to defend, indemnify and hold harmless SugarLoot, and its affiliates and their respective directors, officers, employees, agents and representatives from and against all claims and expenses, including attorneys' fees, arising out of the use of SugarLoot by you, except to the extent such claims and expenses arise directly out of the negligence of SugarLoot.
8. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the SugarLoot site or any activities being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
9. Termination. You may cancel your membership at any time, following which your profile will no longer be accessible on SugarLoot.
To cancel your membership, please go to your deactivation page.
In addition, SugarLoot may terminate your Account at any time for any reason. Once your Account is terminated by SugarLoot, you may not access your SugarLoot Account in any manner or for any reason without the express written consent of SugarLoot.
10. Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your activities on SugarLoot, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
11. E-mail Communication. As a member of SugarLoot, you may receive various types of e-mail messages from SugarLoot directly.
We will occasionally send you messages from SugarLoot to keep you updated about the new aspects of the service and inform you about content changes on the service that may be of interest to you.
To stop receiving e-mail communications, you can account settings at anytime by going to your email preferences.
12. Contacting Other SugarLoot Users. SugarLoot provides you with features that may enable you to message other users; however, there are limitations on your right to use such features.
You may use other users' information only for purpose that such user expressly opts into after adequate disclosure of the purpose(s). In addition, under no circumstances can you disclose personally identifiable information about another user to any third party without SugarLoot's consent and the consent of such other user after adequate disclosure.
13. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE SUGARLOOT WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF SUGARLOOT IS AT YOUR OWN RISK. SUGARLOOT SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON SUGARLOOT. SUGARLOOT MAKES NO WARRANTY THAT SUGARLOOT WILL MEET YOUR REQUIREMENTS, OR THAT SUGARLOOT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SUGARLOOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUGARLOOT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SUGARLOOT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUGARLOOT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SUGARLOOT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
14. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS OR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR FOR ANY LOST PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF SUGARLOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, IF ANY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SUGARLOOT, NOR ITS SUPPLIERS OR AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
15. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
16. No Agency. You and SugarLoot are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of New York without giving effect to its principles of conflicts of law, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Both parties submit to jurisdiction in New York and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in New York, New York. To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former user, whether through class action proceedings or otherwise. SugarLoot does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In addition, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
No failure or delay by a party hereto in exercising any right, remedy or power under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, remedy or power. The election of a remedy by a party hereto shall not constitute a waiver of the right of such to pursue other available remedies.
This Agreement sets forth the entire understanding and agreement between you and SugarLoot with respect to the subject matter hereof. We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective upon posting on our site.
Effective Date: February 1, 2007