“Account” refers to a User Account or a Brand Account as applicable to you.
“Affiliates” means a party’s subsidiaries, successors, assigns, or owners, and any company that has a business relationship with them, including without limitation, managers, entertainers, agents, companies, distributors, vendors, suppliers, licensees and any of their shareholders, officers, directors, employees, attorneys, accountants or other representatives.
“Brands” refers to any person or entity with a Brand Account on the platform. Brand accounts are intended for artists, entertainment properties, talent, retail brands, performers, celebrities, sports teams, sports talent, or any person or entity that has a user or fan base and has an account on the Platform (“Brand Account”) with additional functionality to engage with Users through Sweet’s Platform and reward Users for their, engagement and loyalty.
“Rewards” include, but are not limited to, unique Brand merchandise, prizes, and experiences, or Sweet provided rewards and experiences. Both Sweet and Brands have flexibility to use the Platform to offer many kinds of unique prizes and one-of-a-kind Rewards, many of which are not generally for sale or available as a service by the Brand. The place where Users can use Sugar to get Rewards from Brands and Sweet is referred to herein as the “Rewards Marketplace.”
“Services” means any features, functions, services, content, rewards, offers or other information available on or through the Platform,
“SugarTM” is the name of Sweet’s loyalty reward unit used to reward Users for (among other things) engaging with the platform and performing User actions, and used by Users for (among other things) redeeming for Rewards on the platform. Sugar is akin to “loyalty points” or a “mileage program” where users can earn and redeem Sugar like they would with points or miles, but as stated in Sweet’s case it is branded as Sugar to be used on the Sweet platform.
“Users” refer to any person, fan, or entity that has a standard account (“User Account”) on the Platform that can be used to earn or redeem Sugar.
USE OF THE PLATFORM
There are portions of the Platform that we make available to the general public without registering and you may visit and browse those portions, including the public sweet.io website, without charge or obligation. Other areas of the Platform are reserved for Brands or Users who open accounts with Sweet (“Reserved Areas”) including Services of the Platform such as earning Sugar, offering Sugar, or using Sugar for Rewards in the Rewards Marketplace.
The Platform is offered and made available only to users 13 years of age or older. If your use of the Platform is prohibited or restricted in any way by the laws, regulations, rules or other governmental requirements of the jurisdiction from which you access the Platform or in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Platform immediately. BY ACCESSING THE PLATFORM: (I) YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE PLATFORM OR YOU ARE AT LEAST 18 YEARS OF AGE AND (II) YOU (OR YOUR PARENT OR GUARDIAN IF APPLICABLE) UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY SERVICES, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON ACCESSING THE PLATFORM.
To access and participate with the Platform and our Services you will need to create an Account, which can be a Brand Account, as a Brand, or User Account, as an individual User. By creating an Account, you agree to: (a) provide accurate, current and complete account information as required, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your User Account, (d) accept all risks of unauthorized access to your account and the information you provide to us, and (e) immediately notify us by using the “Contact Us” or “Help” component of the Platform if you discover or otherwise suspect any security breaches related to the Platform, Sugar, or your User Account is personal to you and you are responsible if you allow others to use it. We are not liable for any direct or indirect harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, or your authorization of anyone else to use your User Account
As part of the registration process, you will need to provide us with your email address, or mobile telephone number, (which serves as your “User Account”), and choose a username (which serves as your platform “handle), and a password . Alternatively, Users may choose to create a User Account by authenticating with their personal Facebook, Google, or Twitter account “Social Authentication” with the Platform or via some other equivalent method if made available by Sweet. If a User chooses to join and authenticate via Social Authentication, their personal social media user account will serve as their User Account on the Platform. Your User Account must be unique and not previously registered with the Platform, and we may request that you provide other personally identifiable information such as your mobile phone number, or email address. Sweet may choose to utilize two-factor authentication which may be required by Sweet once your account reaches certain milestones or before certain actions are allowed. For two-factor authentication we will send a secret authorization code to the email address or mobile number you provided (or for Users that registered via Social Authentication to the email address associated with their personal social account) to complete the two-factor authentication set-up. You also understand that Sweet might require you complete certain tax forms and provide tax information if Sweet deems it required in its sole discretion. If a User uses Social Authentication as part of their registration process, then they are subject not only to these Terms, but also to the terms and conditions of the Social Network used for authentication.
COLLECTING OR PURCHASING SUGAR
Users collect Sugar (Sweet’s loyalty reward unit) in their User Account by performing social and other actions (“User Actions”) for Brands or Sweet or as a reward for participation in Platform or Brand programs including, but not limited to VIP membership or purchasing content. Brands and Sweet may set limits and maximums on the number of actions per User Account per period of time for receiving Sugar.
Users can acquire additional Sugar directly from Sweet on the Platform at the price posted to use for Platform features that require Sugar or for attaining a Reward on the Platform which requires more Sugar than the amount presently in the User’s Sweet Account.
Sweet may also in its discretion give Sugar out of its inventory to Users, Brands, partners, affiliates, team members or others for use on the Platform. The receipt or purchase of Sugar shall not provide the recipient with rights of any kind other than for its intended use on the Platform in redemption of Rewards or for use in Services including not providing any rights with respect to Sweet or Brands or their respective revenues or assets, intellectual property or other financial, ownership, or legal rights. Sugar which has been earned or purchased by a User is accessible by the User from their User Account on the Platform.
USING SUGAR AND ACCESSING REWARDS ON THE PLATFORM
Users can redeem Sugar towards Rewards offered on the Platform by Sweet or Brands and also for other features on the Platform. Brands may offer various Rewards that are not typical services provided by the Brands. Rewards may be one-off or unique prizes, without an established fair market value,which may not be otherwise available in the broad market, outside of the Sweet Platform or as a service by the Brand. A decision by a Brand to offer a Brand Reward, the quantity and the value is at the discretion of the Brand. Likewise, the decision to redeem Sugar towards a Reward or on the Platform is at the discretion of the User. Sugar received from one Brand or Sweet may be used on the Platform to redeem for Rewards offered by that Brand or for Rewards offered by other Brands or Sweet.
Brand Rewards are subject to availability and Brands reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Rewards without notice, even if a User has already placed an order in which case the User will be refunded. The inclusion of a Reward on the Platform at a particular time does not imply or warrant that such Reward will be available at all times.
It is possible that Reward information may contain errors, inaccuracies, or omissions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SWEET, BRANDS AND OUR AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL REWARDS. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, SWEET, BRANDS AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL REWARDS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding anything to the contrary, the respective Brand, not Sweet, is responsible for the Brand Rewards that they post and for resolving complaints related to Brand Rewards or any harm caused or related to fulfillment or information errors. To correct, repair or replace defective Brand Rewards, Users must communicate with the specific Brand. Users agree that their sole and exclusive remedy for defective Brand Rewards lies with the specific Brand and not Sweet. Notwithstanding anything to the contrary, Users agree that their sole and exclusive remedy for defective or non-delivered Rewards is a refund up to a maximum of the amount spent by the User towards the Reward.
There is currently no market for the re-sale or exchange of Sugar and the only current use for Sugar is for use on the Platform, to be awarded to Users of the platform for performing User Actions or other activities and for use in the Rewards Marketplace or for other Platform benefits.
Sugar may be subdivided and used in fractions. The value of Sugar on the Platform at the time of the User Action or redemption is used to determine the amount of Sugar Users receive for User Actions or the amount of Sugar needed to attain Rewards. The value of Sugar on the Platform for User Actions or Reward Redemptions has been arbitrarily set at 1 cent USD per Sugar. When purchasing Sugar, the price will be posted at the time of sale.
FEES AND TAXES
Sweet shall also be entitled to recoup or pass on any third-party transaction fees (including but not limited to debit card, credit card, PayPal fees) and to the extent applicable sales tax amounts incurred from your use of the Platform.In addition, Sweet collects a nominal internal accounting and processing fee “Processing Fee” of two and one-half tenths of one percent (0.25%) per transaction when Brands allocate or award Sugar to Users for actions or from Brands when a User redeems Sugar for a Reward. Sweet reserves the right to modify any such Processing Fees as may be necessary.
You are responsible for compliance with any tax obligations arising from your use of the Platform, Sugar and Rewards and are advised to consult with a tax advisor regarding your specific state, local, federal requirements for your jurisdiction or country. We shall bear no liability or responsibility with respect to any non-Sweet tax obligation. Sweet reserves the right in its absolute and sole discretion if Sweet deems it is within Sweet’s obligation for compliance with laws to issue you tax forms or disclosures, including but not limited to, Form 1099’s and also to require that you complete any such additional information as may be required for Sweet to comply with governmental requirements. In the event you fail to complete such information in a timely fashion, upon request to do so by Sweet, then Sweet may Suspend Earnings on your Account in accordance with the policy described in the section entitled Account Suspensions and Termination. You agree to indemnify, defend and hold Sweet, Brands and Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to provide required documentation or pay any appropriate taxes to the proper governmental authorities.
OWNERSHIP AND PROPRIETARY RIGHTS
© 2019 SocialSweet, Inc. dba Sweet – All Rights Reserved.
The names, logos, trade names, trademarks, service marks and other distinctive identifications on or off the Platform, including, without limitation, SWEET and / or our stylized logo, and the name of our Platform rewards program SUGAR, and / our stylized token logo: (among others) (collectively “Marks”) are the trademarks and intellectual property of and are proprietary to Sweet. In addition, the Brands may have their own trademarks and logos. You have no right to use any of our Marks or those of the Brands, or any confusingly similar marks thereto, for any purpose without the express, prior, written consent of SocialSweet Inc. or the respective Brands.
LICENSE AND SITE ACCESS
Sweet authorizes you to access Content and grants you a limited, revocable right and license to use the Platform solely for your non-exclusive, non-assignable, non-sublicensable, non-transferable and limited use and for no other purpose whatsoever. Sweet presumes that if you permit your minor child to go online and access your Account, or if you establish a User Account for any minor child, then such minor child has your approval and express permission to have independent access to the Platform or any other subpage on the Platform. You understand and agree that if you do not wish your minor child to have independent access to the Platform, it is your duty to make sure that you do not give your minor child the User ID to a User Account or establish a User Account for them. Remember, even if a minor child has a User ID and password, you can change it.
ACCOUNT SUSPENSIONS AND TERMINATION
If Sweet elects to “Suspend Earnings” on a User Account, then for the duration of the suspension User will not earn any Sugar for User Actions taken for one or more specific Brands or all Brands or for any other activity on the Platform (“Suspended Actions”), as determined by Sweet at its sole discretion. User will be able to continue to use the Platform to complete actions that are not Suspended Actions and to access their User Account to redeem rewards, manage account options and access other features. If and when the Suspension is removed, there will be no retroactive compensation provided to User for any Suspended Actions or other activities. Sweet will notify User that we Suspended Earnings on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the Suspension.
If we “Suspend Transactions” on a User Account then all the restrictions and provisions of Suspend Earnings will apply and, additionally, User will be unable to complete any action that results in Sugar used on the Platform. User may be able to access their User Account and take other actions such as checking their Sweet Account balance or managing their User profile and data privacy settings. Sweet will notify User that we Suspended Transactions on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the suspension.
If we “Suspend Access” to a User Account, then User will be fully blocked from accessing their User Account and all the restrictions and provisions of Suspend Earnings and Suspend Transactions will also apply. Sweet will notify User that we Suspended Access on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the Suspension. If the suspension remains unresolved, a second notice will be sent 30 days after we Suspend Access, informing User that their User Account is pending termination. If your User Account access remains suspended for more than 180 days, then we may Terminate the User Account.
If we Terminate a User Account, we will permanently close the account and Sugar held in User’s Sweet Account at such time shall be held for the User until processed as pursuant to local, State or Federal laws in Sweet’s sole and absolute discretion based on facts in each instance and may include forfeiture of Sugar as pursuant to local, State or Federal laws.. No compensation will be provided to User for forfeit Sugar.
In addition, User is deemed by Sweet to have an “Abandoned User Account” if they do not login to their account at least one time in any given twenty-four-month period. If User’s account becomes an Abandoned User Account, then Sweet will attempt to notify the User via email and/or other contact options provided by User. If the User does not login to their account at least one time within the subsequent twelve-month period, the User Account may be Terminated, and Sugar held in User’s Sweet Account may become subject to forfeiture as pursuant to local, State or Federal laws.
PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Sweet has adopted the following Copyright Compliance Policy. If you or any user of the Platform believes its copyrights have been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the copyrights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. 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, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Attention DMCA Notice
Once notice is received, we will act expeditiously to review and if necessary to remove content on the Platform that infringes the copyrights of others and may disable the access to the Platform and its Services of anyone who uses them to repeatedly infringe the copyrights of others. We are not liable for any such removal and the claims of the Complaining Party may be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take the protection of copyrights, both our own and others, very seriously.
DATA, EMAIL AND MOBILE PHONE NUMBERS
SOCIAL MEDIA INTEGRATION AND POSTINGS
RULES OF CONDUCT FOR POSTING
Your use of the Platform is subject to all applicable local, state, national laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all of your postings on third party social media, and all other activities, acts and omissions that occur in, from, through or under your User ID. You agree to abide by these Rules of Conduct. You shall not use, allow, encourage or enable others to use, or knowingly condone the use of the Platform in any manner that is, attempts to, or is likely to:
* be libelous, defamatory, bullying, or harmful in any way that is deemed unlawful or restricted by law;
* use the Platform in any manner that could interfere with, disrupt, or inhibit others from fully enjoying the Platform, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
* send junk email chain letters, duplicative or unsolicited messages or transmissions deemed “spamming” or “phishing”;
* transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
* use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same thing, to use, access, generate impressions, input information, or generate postings on social media sites;
* forge any TCP/IP packet header or part of the header information in any email or message, forum, tweet, comment or other social media posting for any reason or otherwise provide false or misleading information to Sweet;
* modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or reverse engineer any aspect of the Platform, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Platform.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE PLATFORM AND ALL SERVICES, REWARDS AND CONTENT THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE PLATFORM WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, REWARDS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, neither Sweet, Brands nor any Affiliates, suppliers or collaborators are responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Platform. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all Services, features and functions of the Platform.
In some cases, Sweet integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). You acknowledge that Sweet has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the platform could incur an outage outside of Sweet’s control, and certain aspects of the Platform’s functionality could be impacted by changes of features made available through Third Party APIs.
You understand that Sweet shall not be liable to you or any third party for any claims or damages which may be suffered by you or any third party, including, but not limited to, losses or damages of any and every nature, resulting from the inability to access the Internet, inability to access the Platform, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Sweet.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SWEET OR BRANDS, REWARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWEET AND BRANDS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ANY REWARDS CONTAINED ON THE PLATFORM. SWEET DOES NOT REPRESENT OR WARRANT THAT REWARDS ON THE PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SWEET WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN – OR TAKEN IN RELIANCE – ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM DESCRIBING REWARDS. WHILE SWEET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, SWEET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PLATFORM. SWEET CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SUGAR IS AN INTANGIBLE DIGITAL ASSET. SUGAR EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED BY SWEET IN ITS LEDGER ON ITS COMPUTER NETWORK.
ADS AND MALWARE
We take great care and pride in creating the Platform. We are always on the lookout for technical glitches that affect how the Platform works. When we find them on our end, we will make reasonable efforts to fix them. Unfortunately, your computer may cause some glitches that affect how you see the Platform — and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Platform, it may be the result of Malware on your computer. Malware — short for ‘Malicious Software’ — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Platform is working properly, sometimes Malware programs on your personal computer or devices may interfere with your experience on the Platform and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If you even suspect that there is any kind of Malware on the Platform or servers, please use the Contact Us and notify us immediately.
Although the Platform may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited. Those who choose to access the Platform from other locations outside the United States of America do so on their own initiative and are solely responsible for compliance with all local laws including but not limited to tax and securities laws. Any offer for any Reward, Service, and/or information made in connection with the Platform is void where prohibited.