TERMS OF SERVICE FOR SUGARMODELS.COM
Last updated on 11-19-15.
1. AGE RESTRICTION.
You must be at least 18 years of age to use the Website. Through your access and/or use of the Website, you are confirming to the Company that you are at least 18 years of age.
2. CHANGES TO THE TOS.
From time to time, we may modify the TOS. The most current version of the TOS will always be located at this web address. You understand and explicitly agree that your use of the Website is governed by the TOS that is in effect at the time of your access or use of the Website. If we make any material changes to the TOS, the Company will notify you either via email to the email address you provided when you signed up to use the Website or by posting a notice on the Website prior to the effective date of the changes. The top of this webpage will always contain the date of the last revision to the Website. You agree that your continued use of the Website after the TOS has been modified constitutes your acceptance of the new TOS and your agreement to be bound by the new TOS. You also agree that you will revisit these terms each time you come back to the website, noting the "last updated" date. If the date has changed since you last reviewed these terms, you agree to re-review them in their entirety.
3. USING THE WEBSITE.
a. Your use of the Website is at your own risk. You acknowledge that, through your use of the Website, you may be exposed to content that you find offensive, inaccurate, indecent, or inappropriate.
b. In order to use many of the features of the Website you will need to create an account and provide the Company with certain information about yourself, including your name, location, and email address. You are responsible for creating and maintaining the confidentiality of your account password. If you suspect that someone is accessing your account without your permission, you agree to inform the Company immediately.
c. You are not permitted to impersonate someone else while using the Website, create or use an account with inaccurate information, create or use an account for anyone other than yourself, provide a false email address, or create multiple accounts.
d. You are not permitted to use the Website if younger than 18 years old.
e. The Company reserves the right to terminate any account for any reason if it believes that the user is using the Website for an improper purpose or in violation of the TOS. If the Company terminates your account for any reason, you are not permitted to register a new account on the Website without the Company's written permission to do so.
f. By creating an account, you agree that the Company may send you certain email communications about the Website, including notifications regarding notifications and updates concerning the Website.
4. YOUR POSTS TO THE WEBSITE.
a. You alone are responsible for any and all posts or other contributions you make to the Website and assume all risks associated with your posts and the contributions that you make to the Website, including any third party's reliance upon the quality, accuracy, or reliability, or any information you provide that makes you personally identifiable.
b. By posting content to the Website, you explicitly represent that you own, or have the necessary permission to use, the content you post to the Website and that the content is truthful, accurate, and not posted for any improper purpose.
c. You may not state or otherwise imply that the Company endorses, sponsors, or in any way agrees with the information that you post.
d. You may not post any defamatory, inaccurate, untrue, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, sexually offensive, spam, or illegal material on the Website. You may not post material that exploits or otherwise harms minors. You may not post nude or sexually suggestive images of any person. You may not post anything on the Website that violates or infringes the rights of another party, including trademark rights, copyright rights, other intellectual property rights, and rights of publicity and privacy. Failure to abide by this may subject you to third party liability.
e. The Company may use information that you post to the Website in a variety of different ways, including for purposes of public display and the creation of derivative works. While you own all of the content that you post to the Website, you grant the Company an irrevocable, worldwide, royalty free, nonexclusive, assignable, sublicensable, and transferable right to use the content that you post for any purpose.
f. You own the content that you post to the Website.
g. You are not entitled to any compensation from the Website for any of its uses of material that you post to the Website, including but not limited to advertising that may appear on the same page of the Website containing your posts.
h. The Company reserves the right to remove, screen, edit, or reinstate content that you post on the Website at the Company's sole discretion for any reason or for no reason at all and without notice to you. We have no obligation to provide you with any copies of your deleted content.
i. We have no obligation to keep your content confidential or non-public.
5. RESTRICTIONS ON YOUR USE AND THE USE OF OTHER USERS.
a. We encourage you to alert us if you believe that other users of the Website are violating the TOS. We reserve the right to investigate that other user's alleged violations and to take action against that other user at our sole discretion.
b. You will not use the Website to harass, stalk, or threaten others.
c. You will not use the Website for any commercial purpose unless authorized in writing by the Company.
d. You will not use the Website to spam other members or to send bulk emails to other members.
e. You will not use the Website to denigrate or discuss anyone under the age of 18 years.
f. You will not use any robot, spider, or other automated device on the Website.
g. You will not use the Website to transmit computer viruses, worms, or other destructive items or to interfere with the proper operation of the Website.
h. You will not assist others in violating these TOS.
You will defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Website, including, but not limited to, any breach by you of the terms of this TOS. In other words, if you use our site to cause harm to another person and that person sues us, we are going to sue you to get back every dollar that we spend on attorneys' fees defending ourselves. So, do not use our site for anything nasty, tortious, harmful, or illegal.
7. DISCLAIMER OF WARRANTY.
The Company provides the Website on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Company or in connection with any communication with the Company or its representatives, or otherwise with respect to the Company. The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Company's connection to the Internet will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Website will be corrected. If you are dissatisfied with the Website or have any grievances with the Company, your sole and exclusive remedy will be your termination of use of the Website.
8. LIMITATION OF LIABILITY.
Under no circumstances will the Company be liable to you or any third party for any incidental, consequential, or indirect damages arising out of the use of or inability to use the Website, even if the Company or its agents or representatives know or have been advised of the possibility of such damages.
9. NO THIRD PARTY BENEFICIARIES.
If you are not a signatory to this Agreement, then you enjoy no benefits under it. Therefore, you have no standing to complain if you believe that we are in violation of these terms. If you would like to claim any benefit under this agreement, you may contact us in order to negotiate an agreement that will give you that right. Please use our "Contact Us" form Membership Inquiry in order to engage in discussions that may lead to such a separate agreement. In the absence of such an agreement, you should be advised that no third party has any rights under this agreement, nor under this paragraph.
10. ACKNOWLEDGEMENT OF 47 U.S.C. § 230.
You agree that in the event that you seek to bring any claims against us, this website is fully immune from liability for any content created by other users. You agree to consult with an attorney on what 47 U.S.C. § 230 means.
Certain jurisdictions limit the applicability of warranty disclaimers or limitations of liability. As such, paragraphs 7 and 8 above may not apply to you, or their application may be limited.
12. Arbitration and Governing Law.
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be arbitration.
b. The sole exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in small-claims court in Clark County, Nevada.
c. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
d. In any arbitration, the arbitrator must apply Nevada law.
e. Under no circumstances shall any JAMS or AAA arbitrator be empowered to serve as the arbitrator, nor shall JAMS nor AAA ever be the arbitration service provider.
f. Under no circumstances may the arbitrator be a retired judge or magistrate unless both parties mutually consent to waive this provision.
g. By using this website or any of our services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court as provided for herein).
h. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
i. This means that your rights will be determined by a neutral arbitrator, not a judge, not a jury, and not a retired judge.
j. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
k. The Arbitrator shall be empowered to award attorneys' fees to the prevailing party, but these fees shall be limited to a maximum award of $10,000 unless the Arbitrator determines that the claim or counterclaim was objectively unreasonable, in which case the Arbitrator may award up to $30,000 in attorneys' fees.
l. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in Clark County, Nevada only. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Clark County, Nevada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
m. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Nevada without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
13. TERMINATION OF TOS.
You may terminate your consent to these TOS at any time by discontinuing your use of the Website and closing your account. Before the termination takes effect, you must provide the Company with notice of termination by emailing email@example.com.
a. This TOS is the entire agreement between the Company and you regarding use of the Website and supersedes any prior TOS or agreement between the Company and you.
b. The failure of the Company to enforce any part of this TOS is not a waiver of such right or provision.
c. If any portion of this TOS is found to be unenforceable or legally invalid, then that provision shall be modified to reflect the parties' intentions or eliminated to the minimum extent necessary for the TOS to remain in effect and enforceable.
d. The Company reserves the right to modify, update, or discontinue the Website at any time and without notice to you.
e. Nothing in this TOS is intended to, or will be deemed to, create rights in any third party.
15. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
d. your address, telephone number and email address;
e. a written 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; and
f. 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.
Notice of claims of copyright infringement should be provided to the Company's Copyright Agent at firstname.lastname@example.org.
a. Sugarmodels.com maintains a strict no-refund policy. All purchases made on the Website are final. If you choose to purchase a subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription. Further, you agree that no refunds will be made on any remaining or unused subscription or credits.
b. When you deactivate your Sugarmodels.com account or when your account is suspended for violating this Agreement or other policies, you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused membership subscription and credits. Further, if your deactivated Sugarmodels.com account is reinstated at a later date, you agree that any remaining or unused membership subscription and credits you have remaining at the time of your account deactivation will not be reinstated with your account.
c. Credits or subscription purchased for a specific Sugarmodels.com account is strictly non- transferable. You agree that any remaining or unused membership subscription associated with an active or deactivated Sugarmodels.com account will not be transferred to any other account belonging to you or someone else.
d. Sugarmodels.com reserves the right to offer free membership to any person(s) of its choice at any given time, for any duration, while charging other members, at the same time. Sugarmodels.com also reserves the right to cancel the free trial period at any time, for all or any of its members.
Sugarmodels.com does not guarantee that the website will be fully operational at all times. Members may face significant service disturbances. Only in the event that the Website is offline for a period of more than 72 hours, will a pro-rated refund be given. Sugarmodels.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website.