terms and conditions
Welcome to the Sweetyhigh.com website (the "Sweety High Site")! To make the most of your experience on the Sweety High Site and to ensure compliance with applicable laws, we require that you fully read, and agree to abide by, the following Terms of Service ("Terms") before using our website.
By using the Sweety High Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use the Sweety High Site.
Note that special terms apply to some activities offered on the Sweety High Site, such as rules for particular contests or sweepstakes or other features or activities. These terms will be posted in connection with the applicable activity. Any such special terms are in addition to these Terms and, in the event of a conflict, will prevail over these Terms.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Sweety High Site and receipt of data, materials and information available at or through the Sweety High Site, the possibility of our use or display of your Solicited Submissions (as defined in Section 2, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
Sweety High (the "Company") and any and all entities that control, are controlled by, or are affiliated or under common control with the Company, now or in the future, are collectively referred to herein as "we," "us" or "our".
Use of Content
All information, materials, functions and other content (including Submissions, as defined in Section 2, entitled "SUBMISSIONS") ("Content") contained on the Sweety High Site are our copyrighted property or the copyrighted property of our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. We may change the Sweety High Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Sweety High Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Sweety High Site, except that, where the Sweety High Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Sweety High Site is strictly prohibited.
In the event that we offer downloads of software from the Sweety High Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial use only. All Software is licensed and not sold and the Company retains title to the Software. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise attempt to discover any of the source code of the Software.
In these Terms, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, transmit, communicate or otherwise distribute (collectively, "Distribute") on or through the Sweety High Site.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Sweety High Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through the Sweety High Site for which you do not seek consideration (such as in our Guest Services and in Public Forums (as defined in Section 5, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
In order to avoid misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work, we ask that you not make or distribute any Unsolicited Submissions on or through the Sweety High Site. In any event, you agree that any Submission you make is not provided to us in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated consideration) and that no contract is created, implied or otherwise, between us and you.
Except as expressly stated in these Terms, the provisions of these Terms apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
Licenses and Representations
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Sweety High Site, on third party websites, on broadcast and/or cable networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
By transmitting a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth in Section 6 labeled "RULES OF CONDUCT") and other requirements of these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms (including the Submissions License).
To the extent that any Submissions you Distribute on or through the Sweety High Site contains original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through the Sweety High Site, including games, sweepstakes, contests, promotions and Public Forums, that require the use of our copyrighted works (in whole or in part), we hereby grant you a personal, non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment to the Company of all right, title and interest in and to the derivative work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may reasonably consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Public Forums and Communications
"Public Forum" means an area, site or feature offered as part of the Sweety High Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Sweety High Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and all e-mail functionality (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; please note that you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through the Sweety High Site by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Furthermore, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
Rules of Conduct
The following Rules of Conduct apply to the Sweety High Site. By using the Sweety High Site, you agree that you will not Distribute any Submission that we believe:
(a) is defamatory, abusive, harassing, threatening, or an invasion of any right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; or
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret, intellectual property or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or copy any confidentiality obligation; or
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sweety High Site or any connected network, or otherwise interferes with any person's or entity's use or enjoyment of the Sweety High Site; or
(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or copy is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," "bullying," "stalking" and "griefing" as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users comply or will comply with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any failure of compliance.
Removal of Submissions
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate any Submission to, or remove any Submission from, the Sweety High Site and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Sweety High Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
You should be aware that when you are on the Sweety High Site, there are links to other sites that are beyond our control, such as those embedded in banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of these links, the sites you are taken to are not controlled by us; different Terms and privacy policies may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Sweety High Site or third-party Content found on the Sweety High Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
We are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
The content on or otherwise related in any way to the Sweety High Site or any third party sites or services linked to from the Sweety High Site is provided "as is" and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including warranties of SATISFACTORY QUALITY, merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and non- infringement. We do not warrant that any content will be error-free, that access to such content will be uninterrupted, that defects will be corrected, or that the Sweety High Site, or the servers that make such content available, are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction OF EQUIPMENT THAT YOU USE TO ACCESS THE SWEETY HIGH SITE. We do not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information).
The Sweety High Site may contain the opinions and views of other users. Given the interactive nature of the Sweety High Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content the Sweety High Site is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Sweety High Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.
You are responsible for maintaining the confidentiality of your activities that occur on the Sweety High Site. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "indemnified parties") harmless from and against any and all losses, damages, liabilities, costs and expenses, (including, without limitation, settlement costs and any attorneys' fees and court costs) incurred by the indemnified parties in connection with any claim arising out of any breach by you of these terms or claims arising from your use of the Sweety High Site.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR OUR LICENSORS OR LICENSEES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, resellers, distributors, service providers AND suppliers, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, be liable to you or any other person or entity for (i) any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Sweety High Site or content, (b) the conduct or actions, whether online or offline, of any user of the Sweety High Site or any other person or entity, OR (c) LOST OR CORRUPTED DATA OR LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE, even if we have been advised of the possibility of such damages OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, for accessing or participating in any activity related to the Sweety High Site or ONE HUNDRED DOLLARS ($100), whichever is less. Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities' respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.
We may terminate your use of, or access to, the Sweety High Site and/or any of the content or features of the Sweety High Site, without notice or liability to you, if we believe in good faith that you have violated or acted inconsistently with these Terms or any applicable law, rule or regulation or that you have engaged in conduct that we determine to be inappropriate or unacceptable. Further, we may change the Sweety High Site or delete content or features in any way, at any time and for any reason or no reason.
The limitations, exclusions and disclaimers in this section and elsewhere in these Terms apply to the maximum extent permitted by applicable law.
Jurisdictional and Venue Issues
You agree that any action at law or in equity arising out of or relating to these Terms or the Sweety High Site shall be filed, and that venue properly lies, only in state or federal courts located in the county of Los Angeles, Los Angeles, CA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Furthermore, prior to filing any action, all parties agree to make a good faith effort to settle any and all claims or controversies through the use of Alternative Dispute Resolution, ("ADR") The parties will attempt in good faith to resolve promptly through negotiation any claim or controversy arising out of or relating to these Terms. If a claim or controversy should arise, representatives of the parties shall meet at least once, in a location of our choice, and will attempt in good faith to resolve the dispute. For such purpose, either [any] party may request the other[s] to meet within fifteen (15) days at a mutually agreed upon time. If the parties are not able to conduct a meeting within said fifteen (15) day period or to resolve the dispute within thirty (30) days after their first negotiating meeting (or such longer period of time as may be mutually agreed upon), We may that refer the claim or controversy to non-binding mediation conducted by a mediator of our choice (herein referred to as the "Mediator") by sending a written mediation request to the other party[ies]. In the event that such a request is made, the parties agree to participate in the mediation process. The parties and the Mediator may join in the mediation any other party necessary for a mutually acceptable resolution of the dispute. Should the Mediator at any time be unable or unwilling to serve, we shall select a successor Mediator. The mediation procedure shall be determined by the Mediator in consultation with the parties. The fees and expenses of the Mediator shall be borne equally by the parties. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
We make no representation that Content on the Sweety High Site is appropriate or available for use in any particular location. Those who choose to access the Sweety High Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
At any time, we may amend these Terms (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms, we will notify you of such amendment by posting notice of such amendment on the Sweety High Site. Any such amendment to these Terms will be effective thirty (30) calendar days following our posting of notice of the changes on the Sweety High Site.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. In these Terms, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS ON THE SWEETY HIGH SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Supply of goods, services and software through the Sweety High Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Sweety High Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Sweety High Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
Claims of Copyright Infringement
We have adopted and implemented a policy that provides for the termination, as determined by us in our sole discretion, of guests who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512?(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
c/o Stubbs, Alderton & Markiles
15260 Ventura Blvd. 20th Floor
Sherman Oaks, CA 91403
Phone: (818) 444-4500
Fax: (818) 444-4520
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
- We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Sweety High Site, electronic mail to your e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Sweety High Site may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you are unable to resolve a complaint you may have regarding the services provided through the Sweety High Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.