PLEASE NOTE THAT BY ACCESSING OR USING ANY PART OF THE WEBSITE OR THE SERVICES, REGARDLESS OF HOW YOU INTERACT WITH US – ONLINE, MOBILE, OR IN ANY OTHER MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION PROCEDURE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. SNN RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SERVICES CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEBSITE IN THE FUTURE.
This Website Does Not Provide Medical Advice
The contents of this Website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you think you or your child may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on the Website, whether provided by SNN, an advertiser, or other visitor to the Website is solely at your own risk. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
Only persons of legal age can accept this Agreement. You hereby represent that you are at least 18 years old and that you are legally able to enter into this Agreement.
Use of Content
The Website is protected by copyright under both United States and foreign laws and the Website is exclusively owned by SNN. Any use of the Website not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws. Materials from the Website are subject to change or removal without notice in the sole discretion of SNN. All rights not expressly granted herein are reserved to SNN.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to view and download a single copy of materials from the Website solely for your personal, noncommercial use, provided that you do not obscure, alter or delete any trademark, copyright, or other proprietary notices. For such personal, noncommercial use you must include the following copyright notice: “Copyright © 2015, Sugar Night Night. All rights reserved” on all materials from the Website. You may not alter or remove any copyright and proprietary rights notices that are contained in materials from the Website. You may not upload or republish our Website content on any Internet, Intranet or Extranet site or use the information in any other database or compilation, and any other use of our Website content is strictly prohibited. Your license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website beyond the scope of the license granted above is prohibited. The limited license granted by SNN terminates if you do not comply with all conditions of use set forth in this Agreement. Your permission to use the Website automatically terminates and you must immediately destroy any copies that you have made of materials from the Website.
Ownership and Use
SNN retains ownership of its intellectual property rights and you do not obtain any rights therein by virtue of this Agreement or otherwise. You have no right to use, copy, display, perform, publish, create derivative works from, create new works or abstracts from, distribute, have distributed, or sublicense materials or content available on the Website, except as set forth in this Agreement.
By posting, storing or transmitting any content on or to the Website, you hereby: (1) grant SNN, and represent and warrant that you have the right to grant, a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, transferable, sub-licensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial, advertising, or otherwise; and (2) agree that the content is subject to being changed, rejected, or deleted without notice or explanation to you. You hereby irrevocably waive any claims based on moral rights, if any.
If you provide to SNN directly, or you choose to post on the portions of the Website that are viewable by others, any comments, ideas, or suggestions that are accompanied by your name, or photograph, SNN may use both your comments, photographs, ideas, and suggestions, and your name, or your first name and last name initial, for our marketing purposes without compensation or acknowledgment of any kind.
You may not post, submit or transmit any content that: (1) is libelous, defamatory or slanderous; (2) infringes on the intellectual property rights of others; (3) advocates the violent overthrow of the government of the United States; (4) incites, encourages or threatens immediate physical harm against another; (5) presents an immediate and genuine danger to another person or entity; or (6) violates any applicable law, regulation, or rule.
Notice and Takedown Procedures; and Copyright Agent
Except as otherwise indicated, all content on this Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of SNN or its licensors and is protected by the United States and international copyright laws. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http:www.loc.gov/copyright.
In accordance with the DMCA, SNN has designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Agent: Jennifer L. Varela
Address: 13136 Chambord Way, San Diego, CA 92130
Phone: (949) 280-4500
Email: [email protected]nightnight.com
(This telephone number is for copyright-related complaints only. No solicitations.)
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Representations By Each Party
Each party represents and warrants to the other party: (1) that it has the full power and authority to enter into and perform its obligations under this Agreement; (2) the assent to and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules; and (3) this Agreement constitutes legal, valid and binding obligations of the parties executing or assenting to this Agreement, enforceable in accordance with its terms and conditions, except that: (i) such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws, now or hereafter in effect, affecting creditors’ rights and remedies generally, and (ii) the remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defense and to the discretion of the court before which any proceeding therefor may be brought.
Representations By You
You represent and warrant to SNN that: (1) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of any third party in your use of the Website; and (2) you will comply with all applicable laws, rules and regulations in your use of the Website, including this Agreement.
You agree to defend, indemnify and hold SNN and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense including without limitation, attorneys’ fees and costs, and expert fees incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the indemnified Parties: (1) alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you or; (2) arising from, related to, or connected with your use of the Website. If you are obligated to provide indemnification pursuant to this provision, SNN may, in its sole discretion, control the defense, settlement and disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of SNN.
Disclaimers of Warranties
SNN PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SNN DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES OR THEIR USE (REGARDLESS OF HOW YOU INTERACT WITH US – ONLINE, MOBILE OR IN ANY OTHER MANNER): (1) WILL BE UNINTERRUPTED; (2) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (3) WILL MEET YOUR REQUIREMENTS; OR (4) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE, DEVICE OR SOFTWARE YOU USE. SNN MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSLY MADE IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Third Party Services
THE THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT SNN PROVIDES ON OR MAKES AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY ADVERTISEMENTS, ARE NOT CONTROLLED BY SNN. ACCORDINGLY, SNN MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES, AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, RESOURCES OR INFORMATION.
Exclusion of Damages
SNN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE, BASED ON ANY CAUSE OF ACTION, WHETHER IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IF SNN SHALL BE FOUND LIABLE FOR ANY DAMAGES, YOU AGREE THAT SUCH DAMAGES SHALL ONLY INCLUDE ACTUAL DAMAGES INCURRED BY YOU, AND IN NO EVENT WILL SNN’ S LIABILITY THAT ARISES OUT OF, RELATES TO OR IS IN CONNECTION WITH THIS AGREEMENT, EXCEED US$500.00.
SNN will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to SNN to perform, fire, terrorism, natural disaster or war.
Changes to Website
SNN may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and SNN will not be liable for doing so.
Notices and Electronic Communications
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to us you must use the following address: Sugar Night Night, 13136 Chambord Way, San Diego, CA 92130. If SNN provides notice to you, we will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Limitation of Actions; Law and Venue
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must: (1) be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred; (2) be decided exclusively under the laws of California, without regard to the principles of conflicts of law; (3) be brought and decided exclusively in the state or federal courts in San Diego County, California; and (4) both parties waive any right either of us may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this Section.
This Agreement contains the entire understanding between you and SNN regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us, whether oral or in writing, regarding its subject matter.
This Agreement is binding upon each party hereto and its successors and permitted assigns. This Agreement and all of your rights and obligations under it is not assignable or transferable by you without the prior written consent of SNN. This Agreement governs the relationship between SNN and you and does not create any third-party beneficiary rights. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You and SNN are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not invalidate any other provision of this Agreement, all of which will remain in full force and effect. If you reside in or are subject to the laws of a jurisdiction anywhere in the world whose common, statutory, regulatory, or codified law would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the arbitration and exclusive venue provisions, disclaimers, exclusions and limitations), or which make accessing the Websites or using the Services illegal, you do so entirely at your own risk.
Copyright © 2015, Sugar Night Night. All rights reserved