1. Use of Site.
You acknowledge that there may be interruptions in service or events that are beyond our control. You further acknowledge that the Site does not independently confirm the accuracy of any information posted on the Site. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. The Company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
Everything located on or in this Site is the exclusive property of the Company or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCRAPING, OR OTHERWISE MODIFYING OF THIS SITE (INCLUDING ANY INFORMATION CONTAINED THEREIN) WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS EXPRESSLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You agree not to upload, share, submit, post, transmit, email, send to or otherwise make available to the Site any content:
a) That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) That is pornographic, depicts a human being engaged in actual sexual conduct or any material which is sexual in nature;
c) That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) That impersonates any person or entity, including, but not limited to or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) That includes personal or identifying information about another person without that person's explicit consent and/or express permission;
f) That is false, deceptive, misleading, deceitful, argumentative, or misinformative in any way;
g) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or any other unsolicited commercial advertisements;
i) That constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to the Site users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
j) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) That disrupts the normal flow of dialogue with an excessive amount of Content (also known as a “flooding attack”) to the Site, or that otherwise negatively affects other users' ability to use the Site; or
l) That employs false or misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.
2. Intellectual Property; User License.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company or the copyright owner is permitted. The term “SWEET.FM” are trademarks of the Company. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
The Site and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to the Company’s website design, the “SWEET.FM” mark and other related trade dress.
The content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.
You further agree not to reproduce, duplicate or copy any content from the Site without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.
You further agree that content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
The Company does not endorse any content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and the Company will remove all content if properly notified that such content infringes on another's intellectual property rights. The Company reserves the right to remove content without prior notice.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.
The content on the Site, and the trademarks, service marks and logos ("Marks") on the Site, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
You understand that when using the Site, you will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site.
3. Account Creation.
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
4. Assumption of Risk.
BY USING THIS SITE SITE, YOU KNOWINGLY AND FREELY ASSUME ALL RISKS RELATED TO YOUR USE OF THIS SITE, BOTH THE RISKS KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL OR WANTON MISCONDUCT OF COMPANY. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST, THE COMPANY, AND RELEASE, AND FOREVER DISCHARGE, HOLD HARMLESS, AND PROMISE NEVER TO SUE THE COMPANY, ITS OFFICERS, DIRECTORS, OFFICIALS, EMPLOYEES, AGENTS, VOLUNTEERS, SUCCESSORS, ASSIGNS, SPONSORS AND/OR ADVERTISERS (INDIVIDUALLY, A “RELEASEE” AND, COLLECTIVELY, THE “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO MY PERSON OR PROPERTY, WHETHER ARISING FROM, OR CAUSED BY, NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL OR WANTON MISCONDUCT OF THE RELEASEES.
5. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, OWNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, DATA, OR SERVICES PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability.
7. Dispute Resolution.
EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using this Site or purchasing any product sold by the Company, you agree that any claim, dispute, or controversy you may have against the Company or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with this Agreement this Site or the purchase of any goods or services from this Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Chicago, Illinois or at such other location as may be mutually agreed upon by you and the Company; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You agree that any claim against the Company arising out of this Agreement, your use of the Site, or your purchase of any product from the Company, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
8. Third Party Websites.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
11. Miscellaneous Terms.
No waiver by either you or the Company of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
12. Export Control.
The Site and the products or services offered through the Site may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.