Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
To use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
2. User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent: copy, reproduce, rent, lease, loan or sell content retrieved from the Website; or modify, distribute, or re-post any content on the Website for any purpose; or use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree: not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website; not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website; not to upload, post, or otherwise transmit through or on the Website any viruses, malware, or other harmful, disruptive, or destructive files; not to use, frame, or utilize framing techniques to enclose any Sugar23 trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Sugar23’s express written consent; not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website; not to use meta tags or any other “hidden text” utilizing a Sugar23 name, trademark, or product name without Sugar23’s express written consent; not to deeplink to the Website without Sugar23’s express written consent; not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; and to comply with all applicable laws regarding your use of the Website.
3. Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content, and to access and stream podcasts or other recorded media to your personal computer or device for personal, individual use and not for public performance. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Sugar23’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
4. Disclaimer Regarding Information Provided on the Website
SUGAR23 AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE SUGAR23 STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, SUGAR23 CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
5. Disclaimer of Warranties with Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUGAR23 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUGAR23 DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SUGAR23 MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. New Jersey does not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUGAR23 OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. Links to Other Websites That Sugar23 Does Not Control
Sugar23 expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application. You agree that Sugar23 has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. You agree that Sugar23 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via links from the LIT UP Website.
7. Availability of Content
Sugar23 and its associates reserve the right to refuse service in relation to particular content and/or to remove or edit content in our sole discretion for any reason. You are agreeing that the scope of our discretion and the basis under which we may act to remove or edit content, may be broader than as established by section 230 of the federal Communications Decency Act, and that you shall have no claim or cause of action against Sugar 23 under section 230 or any other legal theory arising from the removal or editing of content, even when you are the creator of the content or affiliated with the creator.
8. Purchasing Items from Us
Merchandise that Sugar23 sells via the Website may be subject to separate commercial terms of sale that will be displayed to you, or provided via a link, at the time that you browse or order products. Sugar23 or the Website may offer merchandise through third-party merchants such as Amazon, Barnes & Noble, Indiebound.org and others; those third-party merchants may offer merchandise or services only subject to other terms and conditions of use, or commercial terms of sale, that will be displayed to you, or provided via a link, at the time that you browse or order products.
9. Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with Sugar23 through the Website or via other forms of electronic media, such as e-mail, you are communicating with Sugar23 electronically. You agree that Sugar23 may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Sugar23 provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Sugar23 or you).
You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, or “I ACCEPT” or such similar links as may be designated by Sugar23, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY Sugar23.
Furthermore, to the fullest extent permissible by applicable law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10. International Users
Your Use is controlled, operated and administered by Sugar23 from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. This Website may be accessed by users internationally and may contain references or cross references to Sugar23 products, programs and services that are not available in your country. Such references do not imply that Sugar23 intends to make available in your country such products, programs or services or that such product may lawfully be used in or imported into your country.
11. Limitation on Sugar23’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SUGAR23, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. SUGAR23 SHALL HAVE NO LIABILITY, DIRECT OR OTHERWISE, TO ANY CONTENT CREATOR OR CONTENT PROVIDER ARISING FROM THE REMOVAL OR MODIFICATION OF PODCASTS OR OTHER CONTENT THAT SUGAR23 RECEIVES AND HOSTS VIA THE WEBSITE, ARISING UNDER SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OR ANY OTHER STATUTE, LAW, REGULATION, OR LEGAL THEORY.
To the fullest extent permissible by applicable law, you agree to indemnify and hold harmless Sugar23, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Sugar23 that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
13. Termination of Website
You agree that Sugar23 may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Sugar23, in its sole discretion, deems appropriate. You further agree that Sugar23 will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, and limitation on Sugar23’s liability, shall survive any such termination.
14. Exclusive Venue for Controversies
You agree that any controversy shall be filed only in the Superior Court of the State of California in Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
15. Remedies for Sugar23
In order to avoid irreparable injury to Sugar23, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Sugar23 from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
16. Modifications to the Agreement
Sugar23 provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user's computer or mobile device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to Sugar23 when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content, (c) the linking does not suggest that Sugar23 promotes or endorses any third party's causes, ideas, sites, applications, platforms, products or services, (d) you do not use Sugar23 content for inappropriate commercial purposes, and (e) you provide attribution to Sugar23 adjacent to the link. Sugar23 reserves the right to change, terminate or suspend the podcasts at any time and for any reason or no reason. Sugar23 also has the right to require you to cease accessing any podcasts at any time and for any reason or no reason.
18. Trademark Notices
LIT UP, Sugar23 and additional trademarks, trade names, and service marks of Sugar23 and its affiliated companies, many of which are registered in the United States and other jurisdictions, may appear in this Website. Other names and marks mentioned in this Website may be the trade names, trademarks or service marks of their respective owners. You may not use or display any trademarks or service marks owned by Sugar23 without Sugar23’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
19. Copyright Policy
It is Sugar23’s policy to respect the copyright and intellectual property rights of others. Sugar23 may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Sugar23 may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Sugar23 complies with the Digital Millennium Copyright Act. If you claim that your work has been copied in a way that constitutes copyright infringement, you may submit notice of a claim only by communicating to Sugar23’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your true postal or residential address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), 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 address for notice is: Sugar23 Podcast Group LLC, 641 N Larchmont Blvd Ste 100, Los Angeles, CA 90004-1307. Sugar23 processes such notices only in accordance with the DMCA.
20. Other Important Terms