Terms and Conditions
Sugarplate Terms and Conditions
Welcome to Sugarplate! Sugarplate is an online marketplace (“Marketplace”) for baked goods where local bakers and bakeries can list their products and buyers can browse and purchase directly from this website. Sugarplate.com does not do any of the baking or creation of the baked goods. It is merely the online Marketplace where bakers can meet their clients in one easy-to-use location.
Sugarplate, Inc. (“Sugarplate”) provides a web-based platform (the “Site”) to a community of registered users (“Users” or “You”) that allows Users to browse and inquire into the products sold by various bakers and bakeries to promote, advertise, market, and sell their goods on the Marketplace (“Services”). Additional Services may be offered by Sugarplate from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
Sugarplate reserves the right, at its sole discretion, to modify or replace the terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Services shall constitute your acceptance of the Terms as modified. In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Sugarplate. Sugarplate reserves the right to suspend or discontinue the availability of the Site and/or any Service at its sole discretion and without prior notice. Sugarplate may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.
As a condition to using Services, you are required to open an account with Sugarplate and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Sugarplate account. Services are available to authorized representatives of legal entities and to individuals who are 18 years old to access the Marketplace. The Services are for use by a) individuals who want to view or purchase baked goods from local bakers; and b) entities and individuals that sell baked goods to consumers.
Sugarplate also allows Users to login from various social media platforms. When a User logs into Sugarplate.com via Facebook, the following information may be collected, but will not be limited to: User’s email address, User’s “About Me” information, User’s birthday, User’s hometown, User’s website, and User’s friend list. Additionally, Sugarplate will request to post items on Facebook on behalf of User. Additionally, when a User logs into Sugarplate.com via Google Plus, the following information may collected, but will not be limited to: User’s address, User’s age, User’s birthdate, User’s description, User’s Google Plus display name, User’s email address, User’s first and last name, User’s gender, User’s identifier, User’s Language, User’s phone number, User’s photo URL, User’s profile URL, User’s region, and User’s website URL.
Sugarplate utilizes PayPal as the payment gateway for all payments processed on this Site. In order to continue utilizing this Site or its Services, Users must agree to PayPal’s User Agreement. If you do not accept and agree to being bound to all terms of Paypal’s User Agreement, do not use this Site or the Sugarplate Services.
This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Users and Sugarplate.
The Sugarplate Site may contain advertising and sponsorships. Advertisers, sponsors, and Users are responsible for ensuring that posted content is accurate and complies with applicable laws. Sugarplate is not responsible for the illegality or any error, inaccuracy, or problem in the content. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY SUGARPLATE AND SUGARPLATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICES.
All content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such content originates and you acknowledge and agree that you, and not Sugarplate, are entirely responsible for all content that you post or otherwise submit to the Site. Sugarplate does not control user submitted content and, as such, does not guarantee the accuracy, integrity, validity, or quality of such content. You understand that by using the Site you may be exposed to content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Sugarplate. By way of example, and not as a limitation, you agree not to use the Services:
1. To abuse, harass, threaten, impersonate, or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3. For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
4. To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Sugarplate user;
5. To create or transmit unwanted ‘spam’ to any person or any URL;
6. To create multiple accounts for the purpose of defrauding or harassing any other user;
7. To post copyrighted content or other communications that do not belong to you or, with exception of commenting in blogs or other similar pages, where you may post such content with explicit mention of the author’s name and a link to the source of the content;
8. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without Sugarplate’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Sugarplate’s sole discretion, an unreasonable or disproportionately large load on Sugarplate’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Sugarplate may use to prevent or restrict access to the Site; or
9. To artificially inﬂate or alter vote counts, blog counts, comments, reviews, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Sugarplate at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. Sugarplate reserves the right, but has no obligation, to monitor disputes between you and other users.
Please read this section carefully before posting, uploading, or otherwise submitting any content to the site. By submitting content to the site you are granting Sugarplate a worldwide, non-exclusive license to use the content and are representing and warranting to Sugarplate that the content is either owned or you are authorized to represent or distribute the content, and that Sugarplate is free to publish, distribute, and use the content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of Sugarplate’s agreement to allow you to use the Services, you agree with Sugarplate as follows:
1. You acknowledge that:
1. Any content uploaded to your account must be owned by you;
2. By uploading your photographic, graphic works, or written content to Sugarplate you retain full rights to those works that you had prior to uploading;
3. By posting content to the Site you grant to Sugarplate a non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content in connection with the Services. This license will exist for the period during which the content is posted on the Site and will automatically terminate upon the removal of the content from the Site;
4. The license granted to Sugarplate includes the right to use content fully or partially for promotional reasons and to distribute and redistribute content to other parties, websites, authorized agents, applications, and other entities;
5. Sugarplate has the right to modify, alter, and amend photo titles, descriptions, tags, and other accompanying information for any content and the right to submit content to other parties and authorized agents for the purpose of creating tags for content;
6. Sugarplate makes no representation or warranty that content posted on the Site will not be unlawfully copied without your consent. Sugarplate does not restrict the ability of users and visitors to the Site to make copies of content posted on the Site and Sugarplate is not responsible for any content that is unlawfully copied without consent; and
7. Subject to the terms of the foregoing license, ownership or other rights in the content including any intellectual property rights or other proprietary rights associated with the content, are retained by the content owner.
2. You represent and warrant that:
1. You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all content you submit to the site;
2. You have the full and complete authority and right to enter into this agreement and to grant to Sugarplate the rights in the content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Sugarplate of the content as contemplated herein; and
3. The content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights, or any other right of any person, or violate any law or judicial or governmental order.
3. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Sugarplate, all of which such rights are hereby expressly and irrevocably waived by you in favor of Sugarplate.
Sugarplate respects the intellectual property rights of others. It is our policy to respond promptly any claim that content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Sugarplate will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Sugarplate of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Sugarplate to make a reasonable determination. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sugarplate has no control over such sites and resources, you acknowledge and agree that Sugarplate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sugarplate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Sugarplate is a web-based platform that is available on the World Wide Web. Sugarplate and sugarplate.com maintain reasonable security measures to assure the confidentiality of User information.
Sugarplate enforces secure connection to its sugarplate.com website using HTTPS protocol. Sugarplate has also installed SSL certificate on its servers, issued by Let’s Encrypt (letsencrypt.org).
As additional security, strong password requirements are enforced upon the site administrators.
You hereby expressly and irrevocably release and forever discharge Sugarplate, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Sugarplate, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the Site, (iii) the use of the Services, by you or any person using your account or Sugarplate username and password, (iv) the sale or use of the Marketplace, or (v) any violation of any rights of a third party.
You hereby expressly and irrevocably release and discharge Sugarplate, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from any liability arising out of harm or illness due to consuming baked goods, sold on the Sugarplate Site. The bakeries and bakers that are made available on the Sugarplate Site operate independently and have entered into agreements with Sugarplate to provide the food and delivery services available to you. Additionally, you acknowledge that bakeries and bakers are solely responsible for any accuracy of ingredient and allergen information and Sugarplate is not responsible for harm or illness occurring due to misrepresentation, whether purposeful or accidental. The bakeries and bakers are required to comply with all laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including food preparation and safety and menu disclosure. Sugarplate does not verify any of the bakeries or bakers’ compliance with applicable laws and cannot be held responsible for any violation thereof. Finally, Sugarplate does not guarantee the quality of the baked goods or food, nor does it guarantee the services provided by the bakeries and baker, including in those cases where the bakeries and baker provide the delivery services.
Sugarplate, Sugarplate.com, and other Sugarplate graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Sugarplate. Sugarplate’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sugarplate. The images and icons available in the Sugarplate icon pack may be used by partners and third party sites in connection with providing appropriate links to the Sugarplate Site.
Sugarplate may terminate or suspend any and all Services and/or your Sugarplate account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Sugarplate account, you may simply discontinue using the Services. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
It is your responsibility to remove all content from your account prior to termination. Upon termination of your account, Sugarplate will automatically remove all content posted to your account.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SUGARPLATE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUGARPLATE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. SPECIFICALLY, SUGARPLATE DOES DISCLAIMS ANY LIABILITY ARISING OUT OF ANY ACTIONS OR OMISSIONS ON BEHALF OF ANY BAKERS OR BAKERIES, USING THIS SITE. ADDITIONALLY, SUGARPLATE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE DUE TO DELAYED DELIVERY, REDUCED PRODUCT QUALITY, OR SCHEDULING ERRORS.
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER SUGARPLATE NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. SUGARPLATE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SUGARPLATE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND SUGARPLATE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUGARPLATE AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Terms shall be governed by and construed in accordance with the laws of the State of Arizona, as if made within Arizona between two residents thereof. The United Nations Convention on the International Sale of Goods shall not apply and is expressly excluded.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution to be held in Phoenix, Arizona. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 (thirty) days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
Indemnification of Sugarplate
You, agree to defend, indemnify and hold Sugarplate, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers, and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Sugarplate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent, or other default or breach.