December 15, 2017
“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, retail brands, performers, celebrities, sports teams, sports talent, their authorized agents 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 reward Users with reward tokens, referred to herein as either “Reward Tokens”, “Tokens”, or “SugarTM,” for social and other actions that are offered through or in connection with the Platform and otherwise manage the deployment of the Platform on their website.
“Rewards” include, but are not limited to, unique Brand merchandise, prizes, experiences, benefits, or VIP status. Brands have flexibility to use the Platform to offer many kinds of unique prizes and one-of-a-kind Rewards that 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 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,
“Sugar” is the name of Sweet’s digital token used by Brands to reward Users for (among other things) performing user actions, and used by Users for (among other things) redeeming for Rewards offered by Brands. Information on ‘Sugar’ can be found at sugar.io (the website and the white paper).
“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.
GENERAL USAGE OF THE PLATFORM
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 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 ONCE YOU ACCESS THE PLATFORM.
To access and participate in the Restricted Areas of the Platform and with Services you will need to create an Account which can be a Brand Account as a Brand or User Account as a 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 ID, (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” component of the Platform if you discover or otherwise suspect any security breaches related to the Platform, Sugar, or your Account.Your User ID 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 ID
As part of the registration process, you will need to provide us with your e-mail address (which serves as your “User ID”), and choose a password (or we may assign an initial temporary password which we will give you the option to change). Alternatively, Users may choose to create a User Account by authenticating their personal Facebook account with the Platform or via some other equivalent method if made available by Sweet. If a User chooses to join and authenticate with Facebook, their personal Facebook user account will serve as their User ID on the Platform. Your User ID 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 e-mail address. Sweet utilizes 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 e-mail address or mobile number you provided (or for Users that registered via Facebook to the e-mail address associated with their personal Facebook 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 Facebook as part of their registration process, then they are subject not only to these Terms, but also to Facebook’s terms and conditions.
Sweet may require further identification information or other verifying and authenticating controls including, but not limited to, situations involving suspicious activity that may indicate that illegal activity maybe occurring or to satisfy AML (anti-money laundering) requirements as needed. You acknowledge and agree that Sweet can request from you at any time any additional identifying information and support documents including, but not limited to, when we are requested by any competent authority or in case of application of any applicable law, rule or regulation, including laws related to anti-money laundering, or for counteracting the financing of terrorism. Should you not comply, or should you provide incomplete or false information and documents in response to such a request, Sweet in its sole and absolute discretion shall be free to refuse to provide its Services to you and may Suspend Access to or Terminate your Account in accordance with the policy described in the section entitled Account Suspensions and Termination. In addition, Services may be frozen through either Suspending Earnings, Suspending Transactions or Suspending Access to your Account until the documents are received and reviewed by us and accepted as satisfying the requirements of any appropriate governmental laws, tax filings, rules or regulations promulgated or enacted to counteract money laundering, or the activities related to financing of terrorism. Sweet may suspend Access to your account if a login attempt is deemed suspicious and when established may require a two-factor authentication check to re-enable your Account.
RECEIVING OR PURCHASING SUGAR
Sugar can be stored in a digital wallet associated with an Account on the Platform (“Sweet Wallet”) or to the extent permitted by Sweet can be transferred off the Sweet Platform to a supported third party blockchain wallet (“External Wallet”).
Users can receive Sugar in their Sweet Wallet by performing social and other actions (“User Actions”) set up by Brands. Brands, and not Sweet, are responsible for setting their User Actions and the value in US dollars (or cents or fractions of a cent) that they will give to Users for completing User Actions. Brands may also 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 for the purpose of attaining a Reward that requires more Sugar than the amount that is in the User’s Sweet Wallet. You may also be able to buy Sugar directly from Sweet in private negotiated transactions in Sweet’s sole discretion that you can then store in your Account or in an External Wallet should that be permitted. To the extent a public market exists as described herein, Users can also purchase Sugar from a public market at prices available and set by the public market should there be liquidity and can move such Sugar to their Sweet Wallet. Sweet may also give Sugar to you for some User Actions set up by Sweet where Sweet determines the value of these User Actions.
The receipt or purchase of Sugar (i) shall not provide User with rights of any form with respect to Sweet or Brands or their respective revenues or assets, including without limitation, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights; (ii) shall not be deemed to be a loan to Sweet or Brands; and (iii) shall not provide User with any ownership or other interest in Sweet or Brands.
USING SUGAR FOR REWARDS
Users use Sugar to get Rewards offered by Brands. Brands are responsible for setting the value for their Rewards in US Dollars and the specific quantity and type of Rewards offered. The value of a Reward Token may vary depending on a variety of factors (see ‘Sugar Price, Transfer and Resale’) and Sugar is transferred to the Brand for rewards based on the value of Sugar to USD on the Platform at the time of the redemption. Brands may offer various Rewards that are not typical services provided by the Brands. Rewards may be one off or unique prizes that don’t have a fair market value and are not generally available in the broad market or as a service by the Brand. Therefore, there is often not a fair market value for Rewards and the value is in the sole and absolute discretion of the Brand just like the decision to redeem Sugar for a Reward is in the sole and absolute discretion of the User. Sugar received from one Brand can be used on the Platform to get Rewards from that Brand or to get Rewards from any other Brand in the Rewards Marketplace. Users can move back and forth between a Brand’s website and their User Account and Rewards’ Marketplace on the Platform.
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. The inclusion of any Brand Reward on the Platform at a particular time does not imply or warrant that such Reward will be available at all times.
Using Sugar for a Reward is a transaction solely between the User and the Brand offering the Reward. Sweet has no responsibility or liability whatsoever for Rewards a User may or may not obtain from Brands. 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 Rewards that they post and for resolving complaints related to Rewards or any harm caused or related to any information errors. To correct, repair or replace defective Rewards, Users must communicate with the specific Brand. Users agree that their sole and exclusive remedy for defective Rewards lies with the specific Brand and not Sweet.
SUGAR PRICE, TRANSFER AND RESALE
There is currently no public or other 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 for use in the Rewards Marketplace. Receiving Sugar from Brands for performing User Actions and using Sugar for Rewards represent transactions between Users and each separate respective Brand on the Platform.
Sweet sees more efficiency for Users and Brands to have multiple sources to buy and sell Reward Tokens. Sweet also believes in open efficient markets and the benefits such markets have in their longevity and utility. Therefore, Sweet will attempt to respond to requests for information and undertake other actions that an exchange might require to have the Reward Tokens listed on one or more established and independent public exchange platforms. Sweet will not own, operate or have any other interest in any exchange platform and does not anticipate having to exert substantial managerial efforts to have Reward Tokens listed on an exchange. Sweet does not profess to have any particular expertise or managerial abilities that would cause Reward Tokens to be listed on an exchange in preference to any competitor’s or other business’ tokens. Sweet does not own or control exchanges and a decision to allow Sugar to be sold on an exchange will be made by each respective exchange. Therefore, Sweet makes no representation or guarantee that such a market for the sale or purchase of Sugar will develop or be sustained. If such a market develops, Sweet cannot guarantee, control or set the terms at which independent parties may buy or sell Sugar and the value of Sugar will be determined by market forces (supply and demand) existing at the time. Also, such markets may be illiquid, volatile and subject to other limitations. Sweet reserves the right to impose limitations on users’ ability to transfer Sugar to or from a Sweet wallet (or to change any limitation that might exist at the time), in its sole discretion, as circumstances (including legal or regulatory requirements, market conditions or other circumstances) may warrant. Sweet undertakes to provide reasonable notice prior to imposing or changing any such limitation, but cannot guarantee that it will be able to do so.
Sugar can 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 will be arbitrarily set at 1 cent USD per Reward Token until a public market or multiple markets, if any exist, and thereafter Sweet will use the estimated value of Sugar (“Estimated Value”) from such public markets for the value of Sugar on the Platform. Sweet does not control the value that independent parties will buy or sell Sugar on a public exchange and such price may fluctuate up or down based on third party market forces. If a public market exits, Sweet will work with an appropriate, unaffiliated party (such as an accounting or valuation consulting firm) to determine a reasonable methodology for establishing a value of Sugar (“Value”) based on the value on such public markets including a reasonable schedule for periodic recalculation of Value. Sweet may change such methodology from time to time, in consultation with an appropriate, unaffiliated party, in order to reflect changes in trading volume, liquidity, and number of public markets and other factors. Sweet will disclose the methodology, and changes to the methodology (as appropriate, depending on circumstances), on its website. Once a methodology is established, Sweet will calculate Value according to that methodology until such time as it revises the methodology and discloses such revisions. Sweet will not adjust Value other than as described. Sweet will post the value of Sugar being used on the Platform for Users when they use Sugar on the Platform. See ‘Assumption Of Risk’ section below for risks associated with fluctuation of the value of Sugar.
Some Brands may be permitted to white label Sugar with a branded Token for display for the Users of the Brand on the Platform, where such branded Tokens will still be able to be able to be used as Sugar in other areas of the Platform where Sugar can be used.
FEES AND TAXES
You understand and acknowledge that Sweet charges an accounting and processing fee “Processing Fee” of two and one-half tenths of one percent (0.25%) per transaction to move Sugar between Wallets on the Platform. In addition, there may be other charges, and/or, third party processing fees assessed to move Sugar off the Platform into External Wallets and from External Wallets back onto the Platform which shall be posted by Sweet at such transaction points and subject to change by Sweet. Sweet’s Processing Fee does not apply to Sugar purchased directly from Sweet; however, Sweet shall be entitled to recoup any third-party transaction fees (including but not limited to debit card, credit card, PayPal fees) incurred by Sweet upon clearing the Sugar purchase transaction. Sweet reserves the right to modify the Processing Fee with notification for moving Sugar between Wallets on the Platform.
You are solely responsible for compliance with any tax obligations arising from the purchase, receipt, use, or sale of Sugar (if any) 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 in respect to Sugar. 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 by not limited to, Form 1099’s and also to require that you complete any such additional information that shall be required for Sweet to comply with governmental requirements. Also, if you do not complete such information upon request then Sweet has the right to 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 pay any appropriate taxes to the proper governmental authorities.
OWNERSHIP AND PROPRIETARY RIGHTS
© 2017 SocialSweet, Inc. dba SweetTM – 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 Reward Tokens SUGAR or SUGR, and / our stylized token logo: (among others) (collectively “Marks”) are the trademarks and intellectual property of and 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 the limited 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 up a User Account for their minor child, then the 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 set up 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 we “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 (“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. Sweet will notify User that we Suspended Earnings on their User Account via their designated email address 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 being transferred into or out of their Sweet Wallet. User may be able to access their User Account and take other actions such as checking their Sweet Wallet 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 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 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 Wallet 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 received from Brands for User Actions. 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 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 Tokens held in User’s Sweet Wallet, which were received from Brands for User Actions, may become subject to forfeiture.
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
On notice, 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 protection of copyrights, both our own and others, very seriously.
E-MAIL 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, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, bullying, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- • use the Platform or Sugar in any manner that could interfere with, disrupt, negatively affect or inhibit others from fully enjoying the Platform or Sugar, including without limitation discouraging any person, firm or enterprise from using all or any portion, features or functions of the Platform;
- • damage, disable, overburden or impair the functioning of the Platform in any manner; or affect Sweet, Brands and other Users adversely or reflect negatively on Sweet, Brands, our Affiliates, other Users, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else;
- • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “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 things, 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 e-mail or message, forum, tweet, comment or other social media posting for any reason or otherwise provide false or misleading information to Sweet;
- • use the Platform or Sugar for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement or violates any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any appropriate treaties or violates or infringes upon any intellectual property rights, rights of publicity or privacy, or any other rights of Sweet, Brands, Affiliates or of any other person, firm or enterprise or to use the Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in or encouraging other to engage in such activities;
- • gain unauthorized access to the Platform or parts of the site not authorized for your use or attempt to use another’s Account without proper authorization, or to use the Platform in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or
- • 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, OR TO THE EXTENT TRANSFERRED OFF OF THE SWEET LEDGER TO AN EXTERNAL BLOCKCHAIN, THEN IT EXISTS BY VIRTUE OF ITS RECORD ON THAT LEDGER. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY SUGAR OCCURS ON THE LEDGER WITHIN SWEET’S COMPUTER PLATFORM OR EXTERNAL WALLETS. SWEET DOES NOT GUARANTEE THAT IT OR ANY AFFILIATE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY SUGAR.
ASSUMPTION OF RISK
The Services associated with and available through the Platform are innovative technology. YOU ACCEPT ALL RISKS ASSOCIATED THEREWITH. In addition, you acknowledge that:
- • Sweet believes that Sugar is not a “security” as that term is defined in the federal securities laws and that the provisions of such laws do not apply to this or any other transaction involving Sugar; Sweet believes that Sugar is not a “swap”, “future”, or similar instrument. Sweet cannot guarantee however that regulators or courts will agree with its conclusions should the circumstances arise. Should Sweet’s assessment that Sugar is not a security, swap, future or similar instrument be found erroneous, Sweet may have to alter plans and / or there may be a financial or service impact.
- • acquirers of Sugar may expect prices to have large range fluctuations both higher and lower and that substantial factors outside of Sweet’s control can impact the prices to the extent Sugar becomes available on a public exchange. Sugar information published on the Platform is: (a) not a guarantee of any actual value or (b) that participants will not lose money;
- • you are solely responsible for determination and compliance with any tax obligations arising from your purchase, receipt, use, or sale of Sugar (if any) based on your circumstances and related to the laws of your country and jurisdiction;
- • you are responsible for obtaining and maintaining all Internet services, mobile service, and other services needed for your access to and use of the Services and Platform. Using the Platform may require significant bandwidth use. You are solely responsible for any charges incurred in obtaining access to the Services and the Platform. Please check with your ISP or Telecom provider for information on possible data usage charges;
- • there are inherent risks associated with using any Internet based currency to acquire Sugar, or in transferring Sugar to or from an External Wallet including but not limited to, the risk of failure of hardware, software and Internet connections. You accept and acknowledge that Sweet will not be responsible for any third-party communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, however caused;
- • Sweet does not control the engagement of Brands, the Rewards that Brands choose to offer on the Platform or the lack of Rewards offered by Brands, which could negatively impact the potential utility of Sugar;
- • the regulatory regime governing blockchain technologies, cryptocurrencies, and utility tokens is uncertain, and new regulations or policies may materially adversely affect the development of the distributed ecosystems like the Platform and the utility of Sugar;
- • the value of tokens and other digital assets are extremely volatile. It is impossible to predict with any certainty the price of digital assets, which could materially and adversely affect the utility of Sugar, which may also be subject to significant price volatility. Should there ever be a public exchange for Sugar, the value that Sugar trades for is not controlled by Sweet and there are substantial market forces that can impact the value of Sugar that are outside of Sweet’s control. For instance, the general interest in token economies and blockchain businesses, actions or events taken by the Brands, the global economy, the strength of the public exchanges, other token economies, and the natural fluctuation of supply and demand for Sugar. Sweet will not operate such exchange or otherwise influence the price independent Buyers and Seller are willing to transact and will not be liable if the value of Sugar declines. Sweet makes no prediction and is not liable for where the value of Sugar trades at;
- • if the value of Sugar goes down then the amount and value of Rewards that Users are able attain and the amount and value of Actions that Brands can reward users for may be severely impacted and the value that you receive from Sugar that you might be eligible to transfer from your Account may be severely impacted;
- • the value of Sugar may go down when you do not have access to your Account either due to a Platform service outage or Account Suspension or Termination including if a User is in a state of Suspended Earnings, Suspended Transactions, or Suspended Access.
ADS AND MALWARE
We take great care and pride in creating the Platform. We are always on the lookout for technical glitches that effect 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 effect 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, key loggers, 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.
ANTI-MONEY LAUNDERING REGULATIONS
If, at any time, Sweet determines that it must or should comply with applicable laws, rules, regulations or guidance enacted or promulgated or enacted by the United States of America to counteract money laundering or the activities related to financing of terrorism, Sweet may be required (i) to file details of your Account activity to the Financial Crimes Enforcement Network (“FinCEN”) from time to time, (ii) to provide information as required by law to other state or federal agencies in the United States of America and other jurisdictions, including but not limited to, reporting suspicious transactions and maintaining records regarding transactions that exceed certain limits provided by FinCEN and other state or local agencies, (iii) to maintain required know your customer (“KYC”) policies, and (iv) to reasonably identify each prospective acquirer of Sugar when required by cross-checking their data against governmental watch lists, including but not limited to the Specifically Designated Nationals and Blocked Persons List maintained by Office of Foreign Assets Control, as well as third-party identity verification and authentication services. If your proposed acquisition is flagged through our internal controls, we may require additional proof of identification from you, and we have the right to not permit any earning or acquisition of Sugar or Rewards until additional and verifiable proof of your identity to our satisfaction is received and you have been approved as a prospective acquirer.