Scope of Terms and Conditions
These terms and conditions apply to your use of The Sugarpills Website and services owned or operated by The Sugarpills, including any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.
Services & Submission of Data
The Sugarpills allows users to post stories, sounds, images, and other “Content” (defined below).
The Sugarpills reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. We may establish general practices and limits concerning use of the the Sites, including without limitation the maximum number or length of content and the maximum number of times (and the maximum duration for which) you may access the upload portion of The Sugarpills Website in a given period of time. You agree that we have no responsibility or liability for imposing these limits or the deletion or failure to store any Content.
You agree that the The Sugarpills shall not be liable to you or to any third party for any modification, suspension or discontinuance of the The Sugarpills website (or any part thereof). The Sugarpills website is provided “AS-IS” and “AS AVAILABLE” and the The Sugarpills assume no responsibility for the timeliness, deletion, misdelivery or failure to store any Content.
All information, data, text, software, music, sound, photographs, images, graphics, videos, messages, tags, or other materials (“Content”), submitted by users are the sole responsibility of the person submitting the Content for use by The Sugarpills. This means that you, and not The Sugarpills, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the The Sugarpills Website.
Content is provided “AS IS.” We do not control the Content posted via The Sugarpills Website and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will The Sugarpills be liable in any way for any Content, including, but not limited to, any offense, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via The Sugarpills Website. We may or may not pre-screen Content, but the The Sugarpills and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Sites for any reason, or for no reason. Without limiting the foregoing, The Sugarpills and its designees shall have the right to remove any Content that violates these Terms.
Your Limited Rights.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, The Sugarpills Website (excluding the Content that you own—you are free to do as you wish with your own Content). By default, The Sugarpills provides for non-commercial use of the Content, however, you should note that some users of The Sugarpills website may choose to grant more restrictive or broader rights to their Content.
Your License to The Sugarpills Website.
We do not claim ownership of the Content that you submit for inclusion on the Sites. However, with respect to Content that you submit for inclusion on publicly accessible areas of the Sites, you grant the Sugarpills the following transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Content on and/or in connection with The Sugarpills (including distributing and featuring your Content through messages such as a “The Sugarpills Featured Story” and in promotional and marketing activities and materials related to The Sugarpills). When these terms are terminated, we will make commercially reasonable efforts to remove and to respond to your requests to remove your Content from the Sites, but you acknowledge that we might retain copies of your Content and other information provided to us as a part of our standard archive practices. If we ever have to restore The Sugarpills Website from an archive, the restored version of The Sugarpills Website may publicly include your removed Content or other information that you previously provided to us. If Content or information that you previously intended to remove is restored to The Sugarpills Website, we will make commercially reasonable efforts to respond to your requests to remove your Content. You acknowledge and agree that we cannot delete or control the deletion or access to the Content as it may exist on other websites outside our control, or copies retained by others, even if they are users of The Sugarpills Website. For clarity, in the event that any of your Content has been included in any promotional, marketing, or other materials related to The Sugarpills, you agree that we shall have the right to include your Content on such materials created or ordered prior to your removal of such Content from the Sites.
The Sugarpills Website is Public.
You understand and agree that when submitting your Content to The Sugarpills Website, you are making such Content publicly available, and while we may be able to cease our further distribution of certain Content, we do not have the ability (or obligation) to control what others may do with the Content once it becomes available through the Sites.
Please ensure you keep your own copies of Your Content as The Sugarpills may not archive, store or back-up Your Content nor continue to make Your Content accessible online. We will endeavour to provide you with an appropriate credit when using Your Content on our platforms, though you understand and agree this may not always be possible.
Restrictions on Use of Materials
We grant you a limited, non-transferable licence to access and use The Sugarpills Website solely for your personal, non-commercial purposes. We (or our licensors) retain all right, title, and interest in and to the The Sugarpills Website and The Sugarpills Website Content, and nothing you do on or in relation to The Sugarpills Website will transfer any intellectual property rights to you or licence you.
Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us—and from all other entities with an interest in the relevant intellectual property—may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site. You confirm you own or have the right to use any copyright material included in Your Content (including music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any person’s rights by submitting the content to The Sugarpills Website. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not take any action to interfere with, or disrupt, the Site, circumvent security measures or attempt to exceed the limited authorisation and access granted to you under these terms and conditions.
We encourage you to provide links to The Sugarpills Website. While you may use the name “The Sugarpills” in the text of any such link, you may not use the The Sugarpills' logo or any of our other trademark without our prior written consent. You must not frame The Sugarpills Website, or represent or imply that any part of The Sugarpills Website belongs to or is otherwise associated with anyone other than us. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
These terms and conditions apply only to the Site, and not to the sites of any other companies or organisations, including those to which any of the Site may link. We are not responsible for the availability of any other site to which any of the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
If you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, “User-Generated Content”) through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the “Submissions”), we (and our licensees, distributors, agents, representatives and other authorised users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity.
If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorised users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the The Sugarpills Website, on third party web sites, on live performances and exhibitions, on broadcast and cable networks and stations, and on broadband and wireless platforms, products and services) for any and all purposes including, without limitation, creative works, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”).
To the extent that we solicit Submissions through Projects or activities on The Sugarpills Website (including, without limitation, competitions, games, sweepstakes, contests, promotions and public forms/blogs) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorised users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorised users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorised users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
We welcome your comments about any of the Site. However, unless a Site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material (“Submission”), it shall become our property. No Submission will be subject to any obligation of confidence by us unless otherwise stated, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
Protecting Other People’s Rights
By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to your Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to your Feedback already under consideration; (e) when you provide your Feedback, you are granting us an irrevocable, royalty-free, perpetual non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit the Feedback in connection with The Sugarpills; and (f) you are not entitled to any attribution, compensation or reimbursement of any kind from us under any circumstances.
You must be at least 13 years of age to use our Share Form. If you are under 18 years of age, you hereby confirm that you have parental consent to use our Share Form and we will require you to inform a parent or legal guardian’s e-mail to whom we will send an advisory e-mail about our Share Form and your participation.
Children and Young People
The online protection of children is a shared responsibility between The Sugarpills, the parent/guardian and the child. The Sugarpills aims to ensure that children and young people (under 18) who engage with our online spaces understand the possible risks they face and how to minimise them.
When contributions are sought from, likely to have been submitted by, or include children and/or young people (under 18), we will, where appropriate, seek the consent of a child’s parent or guardian before using a child’s contribution on The Sugarpills platforms.
Parents seeking appropriate content for young children and advice regarding information about online safety can find the Raising Children Network at http://raisingchildren.net.au/articles/internet_safety.html/context/1109.
Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, respond to a survey, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address and phone number.
Users May, However, Visit Our Site Anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web Browser Cookies
How We Use Collected Information
The Sugarpills Collects and Uses Users' Personal Information for the Following Purposes:
To Improve Customer Service
Your information helps us to more effectively respond to your customer service requests and support needs.
To Improve Our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To Process Transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To Send Periodic Emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How We Protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange while placing an order happens over a SSL secured communication channel via Paypal and is encrypted and protected with digital signatures.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your Acceptance of These Terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Using our Contact Page at http://www.thesugarpills.com/contact/
Via Email at email@example.com