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SAWEET! - Terms of Use Agreement

Last Modified: November 18, 2007

Welcome to SAWEET!, an online social network community, that supports our member’s lifestyle requirements and persona. The SAWEET! Service and network is operated by SAWEET, LLC (heretofore referred as either "SAWEET!", "we", "us", or "the Company"). The term "User" refers to a Visitor or Member. By accessing or using our Web site at either www.Saweet.com or the mobile version (together the "Site"), you agree to be bound by these Terms of Use ("Terms of Use", "Terms" or "Agreement"), whether you are a just a Visitor simply browsing the SAWEET! Site, or you are a registered Member which means you have registered with SAWEET! Accordingly, you are only authorized to use the SAWEET! Services if you agree to abide by all applicable laws and to this Agreement. Therefore, you should read these Terms carefully as it contains important information regarding your rights, obligations and restrictions regarding your use of the SAWEET! Services. Moreover, if you do not agree with these Terms, you should leave the SAWEET! Site and discontinue use of the SAWEET! Services immediately. SAWEET! also reserves the right from time-to-time (at our sole discretion), to change, modify, add, or delete portions of these Terms without advance notice or notification, and shall be effective upon its posting on SAWEET.com. In turn, you agree to be bound to any changes to these Terms when you use the SAWEET Services after any such modification is posted. Consequently, it is important that you review these Terms regularly to ensure you are current, updated, and agree with the latest Terms. You should carefully select the information you post on SAWEET!, and that you provide to other Users. You will find a list of Content items that is prohibited on SAWEET! Despite this prohibition, you may find inaccurate, inappropriate, offensive or sexually explicit material, or other violation items. If you become aware of this misuse or offense, please contact SAWEET!

Eligibility


Use of, and Membership in, the SAWEET! Services is void where prohibited. By using the SAWEET! Services, you represent and warrant that:
  1. All registration information you submit is truthful and accurate.
  2. You will maintain and update the information to ensure its accuracy.
  3. You are thirteen years of age or older.
  4. Your use of the SAWEET! Services does not violate any applicable law or regulation.
  5. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
  6. You agree to abide by all of the Terms of Use.


Termination


This Agreement will remain in full force and effect while you use the SAWEET! Services and/or become and remain a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Cancel Account page within the Account Settings. SAWEET! may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in full effect.

Keeping Your Account Secure


When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your account / Member profile.

Non-Commercial Use by Members


The SAWEET! Services are for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of the SAWEET! Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SAWEET! Site is prohibited. No Member may copy, transfer, or use content belonging to or posted by SAWEET! or other Members for the purpose of selling, engaging in, marketing, or promoting another product or service.

Proprietary Rights in Site Content


  1. SAWEET! owns and retain all proprietary rights in the Site and the Service. The Site contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of SAWEET!, our Members and our licensors. Except for any information which is in the public domain, you may not use, copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary materials or information without our express written consent in each case.
  2. By publishing, displaying or uploading (collectively, "Posting") any text, links, photos, video, messages or other data or information (collectively, "Content") on or to the Site (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to SAWEET! a limited license to use, copy, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the SAWEET! Services. The license you grant to SAWEET! is irrevocable, perpetual, nonexclusive (meaning you are free to license your Content to anyone else in addition to SAWEET!), fully-paid and royalty free (meaning that SAWEET! is not required to pay you for the use on the SAWEET! Services of the Content that you Post), sublicensable (so that SAWEET! is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SAWEET! Services), and worldwide (because the Internet and the SAWEET! Services are global in reach). The license does not grant SAWEET! the right to sell your Content, nor does the license grant SAWEET! the right to distribute your Content outside of the SAWEET! Services.
  3. You represent and warrant that: A) you own the Content posted by you on or through the SAWEET! Services or otherwise have the right to grant the license set forth in this section, and B) the posting of your Content on or through the SAWEET! Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the SAWEET! Services.
  4. The SAWEET! Services contain Content of SAWEET.com ("SAWEET.com Content"). SAWEET.com Content is protected by copyright, trademark, patent, trade secret and other laws, and SAWEET! owns and retains all rights in the SAWEET.com Content and the SAWEET! Services. SAWEET! hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SAWEET.com Content (excluding any software code) solely for your personal use in connection with viewing the SAWEET! Site and using the SAWEET! Services.
  5. The SAWEET! Services contain Content of Users and other SAWEET! licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SAWEET! Services.


User Content Posted on the Site


  1. You are solely responsible for the Content that you post on or through any of the SAWEET! Services, and any material or information that you transmit to other Members and for your interactions with other Users. SAWEET! does not endorse and has no control over the Content. Content is not necessarily reviewed by SAWEET! prior to posting and does not necessarily reflect the opinions or policies of SAWEET!. SAWEET! makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  2. SAWEET! may delete any Content that in the sole judgment of SAWEET! violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SAWEET! assumes no responsibility for monitoring the SAWEET! Services for inappropriate Content or conduct. If at any time SAWEET! chooses, in its sole discretion, to monitor the SAWEET! Services, SAWEET! nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.


Prohibited Content


Below is a partial list of the kind of Content that is illegal or prohibited on the Site. Posting of any of this Content by you may result, in our sole discretion, in termination of your Membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgment:

Prohibited Activity


The following is a partial list of the kind of activity that is illegal or prohibited on SAWEET! and through your use of the SAWEET! Services. SAWEET! reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Copyright Complaints & Copyright Protection Policy


You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SAWEET! to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others, upon receipt of proper notification to SAWEET! by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the SAWEET! Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2) a description of the copyrighted work that you claim has been infringed; 3) a description of where the material that you claim is infringing is located on the SAWEET! Services; 4) your address, telephone number, and email address; 5) 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; 6) 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. The SAWEET! Copyright Agent for notice of claims of copyright infringement can be reached here.

Member Disputes


You are solely responsible for your interactions with other SAWEET! users or with Advertisers. We reserve the right, but have no obligation, to monitor disputes between you and other users or Advertisers. You agree that SAWEET! will not be responsible for any loss or damage incurred as the result of any such dealings with other users or Advertisers.

Privacy


Use of the SAWEET! Services is also governed by our Privacy Policy, which is included in this Agreement by this reference.

Disclaimers


  1. SAWEET! is not responsible for any incorrect or inaccurate Content posted on the SAWEET! Site or in connection with the SAWEET! Services, whether caused by Users of the SAWEET! Services or by any of the equipment or programming associated with or utilized in the SAWEET! Services.
  2. Profiles created and posted by Members on the SAWEET! Website may contain links to other Web sites. SAWEET! is not responsible for the content, accuracy, or opinions expressed on such Web sites, and such Web sites are in no way investigated, monitored or checked for accuracy or completeness by SAWEET!.
  3. Inclusion of any linked website on the SAWEET! Services does not imply approval or endorsement of the linked website by SAWEET!. When you access these third-party sites, you do so at your own risk. SAWEET! takes no responsibility for third party advertisements which are posted on this SAWEET! Site or through the SAWEET! Services, nor does it take any responsibility for the goods or services provided by its advertisers.
  4. SAWEET! is not responsible for the conduct, whether online or offline, of any User of the SAWEET! Services.
  5. SAWEET! assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
  6. SAWEET! is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SAWEET! Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SAWEET! Services.
  7. Under no circumstances shall SAWEET! be responsible for any loss or damage, including personal injury or death, resulting from use of the SAWEET! Services, attendance at a SAWEET! event, from any Content posted on or through the SAWEET! Services, or from the conduct of any Users of the SAWEET! Services, whether online or offline.
  8. The SAWEET! Services are provided "AS-IS" and as available and SAWEET! expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SAWEET! cannot guarantee and does not promise any specific results from use of the SAWEET! Services.


Limitation on Liability


IN NO EVENT SHALL SAWEET! OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON/PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF SAWEET! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, AND NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAWEET! FOR THE SAWEET! SERVICES DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls


Software available in connection with the SAWEET! Services (the “Software) is subject to United States export controls. No Software may be downloaded from the SAWEET! Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your own risk.

Governing Law; Disputes, Venue & Jurisdiction


If there is any dispute about or involving the SAWEET! Services, you agree that the dispute shall be governed by the laws of the State of Michigan, USA, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Oakland County, Michigan for the resolution of any such dispute.

Trademarks


SAWEET, SAWEET! S!, and other Company graphics, logos, and designs are trademarks of the Company.

Release


To the extent permitted under applicable laws, you hereby release SAWEET! from any liability related to: 1) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; 2) the conduct, whether online or offline, of any user of the Services or Member; 3) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; 4) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and 5) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.

Third Party Content


The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Submissions


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to SAWEET! are non-confidential and shall become the sole property of SAWEET!. Additionally, SAWEET! shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnity


You agree to indemnify and hold SAWEET!, its subsidiaries and affiliates, and each of their respective officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the SAWEET! Services in violation of this Agreement and/or arising from a breach of this agreement and/or any breach or your representations and warranties set forth above. and/or if any Content that you post on the SAWEET! Site or through the SAWEET! Services causes SAWEET! to be liable to another.

Other


This Agreement is accepted upon your use of the SAWEET! Site or any of the SAWEET! Services and is further affirmed by you upon becoming a Member. This Agreement constitutes the entire Agreement between you and SAWEET! regarding the use of the SAWEET! Services. The failure of SAWEET! to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.