sugar_loaf

Terms and Conditions

Last Updated: February 5, 2020

Sugar Loaf® Games Website Terms and Conditions

These Sugar Loaf Games Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Sugar Loaf Games Privacy Policy (“Privacy Policy”) and any and all other applicable Sugar Loaf Games operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

The Sugar Loaf GamesOfferings (as defined below) are owned and operated by Digital Claw, LLC (“Sugar Loaf Games,” “we,” “our” or “us”). Each end-user (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Sugar Loaf Games website located at www.SugarLoafGames.com (the “Site); (b) accesses and/or downloads any of the text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site (collectively, “Content”); (c) registers (including via our SMS text message-based program (the “Text Service”)) to receive free plays (“Free Plays”) to be used on one (1) or more physical “claw” type amusement games (“Claw Games”), as operated by third-party game operators (“Third-Party Game Operators”); and/or (d) purchases Claw Game plays in bulk by and through the Site (“Bulk Plays,” and together with the Site, Content, Text Service and Free Plays, the “Sugar Loaf Games™ Offerings”).

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST SUGAR LOAF GAMES, AS WELL AS ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, RELATED PARTIES AND THIRD-PARTY GAME OPERATORS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION CONTAINED HEREIN. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. BY ACCESSING, BROWSING, OR USING THE Sugar Loaf Games Offerings, OR BY CLICKING TO AGREE TO THESE TERMS AND CONDITIONS WHEN THAT OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION AND WILL COMPLY WITH ALL APPLICABLE LAWS. IF YOU DO NOT AGREE THEN PLEASE DO NOT USE OR ACCESS THE Sugar Loaf Games Offerings. WE WILL DETERMINE YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS IN OUR SOLE DISCRETION AND OUR DECISION WILL BE FINAL AND BINDING.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

DISCLAIMER: Please be advised that Sugar Loaf Games does not itself operate the Claw Games, and the entry fees, rules, prizes and terms and conditions of any such Claw Games will be determined by the applicable Third-Party Game Operators. You understand and agree that Sugar Loaf Games shall not be liable to you or any third-party for any claims related to the Claw Games offered by any Third-Party Game Operators.

  1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Sugar Loaf Games Offerings. The Agreement constitutes the entire and only agreement between you and Sugar Loaf Games with respect to your use of the Sugar Loaf Games Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Sugar Loaf Games Offerings shall be subject to the Agreement. You understand and agree that Sugar Loaf Games is not responsible or liable in any manner whatsoever for your inability to use the Sugar Loaf Games Offerings and/or Claw Games.
  2. Modification of Agreement.We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Sugar Loaf Games Offerings. By your continued use of the Sugar Loaf Games Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
  3. Requirements; Account; Termination of Access to the Sugar Loaf Games Offerings; Necessary Equipment.The Sugar Loaf Games Offerings are available only to individuals who: (a) are residents of the United States; (b) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions); and (c) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Sugar Loaf Games Offerings may not be usedwhere prohibited by law and/or by individuals who do not satisfy the Usage Requirements, including individuals who are not residents of the United States, individuals who are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and/or individuals who cannot enter into legally binding contracts under applicable. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Sugar Loaf Games Offerings. In using the Sugar Loaf Games Offerings, you agree that:
  • you accept and agree to these Terms of Use and our Privacy Policy;
  • you will register an account with us on the Site or the Application;
  • you will not modify, translate, disassemble, reverse engineer any portion of the Sugar Loaf Games Offerings, or otherwise seek to obtain the source code of the Sugar Loaf Games Offerings or the information contained on the Sugar Loaf Games Offerings, including all text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein;
  • you will not launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Sugar Loaf servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • you will neither collect or harvest any personally identifiable information, including e-mail addresses, from the Sugar Loaf Games Offerings, nor use the communication systems provided by the Sugar Loaf Games Offerings for any commercial solicitation purposes;
  • you will not solicit, for commercial purposes, any users of the Sugar Loaf Games Offerings;
  • you will not create or transmit unwanted electronic communications such as “spam” to other users or members of the Sugar Loaf Games Offerings or otherwise interfere with other user’s or member’s enjoyment of the Sugar Loaf Games Offerings;
  • you will not transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • you will not use the Sugar Loaf Games Offerings to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • you will not  use any device, software or routine that interferes with the proper working of the Sugar Loaf Games Offerings;
  • you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of the Sugar Loaf Games Offerings ;
  • you will not to violate or attempt to violate the security of this Sugar Loaf Games Offerings , including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sugar Loaf Games Offerings , overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and
  • you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of the Sugar Loaf Games Offerings.

 

As part of the account (“Account”) registration process, Users will be provided with, or must select, a user-name and/or password for the Site. Users are solely responsible for selecting the password of their choice. If the user-name(s)/password(s) that a User requests is/are not available, that User will be asked to supply another user-name/password. If Sugar Loaf Games provides a User with a user-name/password, that User can change that user-name and/or password, or the one that the User selected during registration, at any time through her/his Account settings. We may, in our sole discretion, reject, change, suspend and/or terminate any user-name. Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted. Impersonating other Users is prohibited. Each User agrees to notify Sugar Loaf Games of any known or suspected unauthorized use(s) of her/his Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user-name(s)/password(s). Each User shall be responsible for maintaining the confidentiality of her/his user-name(s)/password(s) and Account. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. Each User agrees to accept responsibility for all activities that occur through use of her/his user-name(s)/password(s) and Account, including any charges incurred therethrough. Any fraudulent, abusive or otherwise illegal activity engaged in by any User, or any entity or person with access to that User’s user-name(s)/password(s) and/or Account may be grounds for termination of that User’s Account, in Sugar Loaf Games’ sole discretion, and that User may be reported to appropriate law enforcement agencies.

To the extent permitted by applicable law, Sugar Loaf Games may terminate your Account and/or right to access the Sugar Loaf Games Offerings Sugar Loaf GamesSugar Loaf Gamesfor any reason.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Sugar Loaf Games Offerings. Sugar Loaf Games does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Sugar Loaf Games does not guarantee that the Sugar Loaf Games Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Sugar Loaf Games Offerings through your wireless device. You are fully responsible for all such charges and Sugar Loaf Games has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

  1. Site Forms.In order to utilize certain Sugar Loaf Games Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Bulk Plays); and/or (f) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

Sugar Loaf Games’ use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

  1. Text Service and Electronic Communications.  Prior to, or in combination with, completing a registration Form on the Site, Users may be asked to register for the Text Service by sending a text message to a Sugar Loaf Games-provided telephone number and/or short code (“SLG Short Code”), after which Sugar Loaf Games will reply with a link to the Site.  You must then follow the link and complete the applicable Form in order to register and, in some instances, receive one (1) or more Free Plays.  Please note that you are not required to consent to and register for the Text Service in order access and play the Claw Games, and your consent/registration simply allows Sugar Loaf Games to contact you via text messaging. You represent and warrant that all communications you cause to be sent through shall at all times comply with all applicable local, state and federal laws and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages. The following terms apply to the Text Service:

(a) When you opt-in to the Text Service, we will send you an SMS message to confirm your sign-up. Examples of Text Service messages sent by us may include:

(i)         Claw Game Notifications – You may receive notifications about features associated with the Claw Games, including Free Play offers.

 (b) You can cancel the Text Service at any time by texting "STOP" to the SLG Short Code.  After you send the "STOP" message to the SLG Short Code, we will send you an SMS message to confirm that you have been unsubscribed. Thereafter, you will no longer receive SMS messages from us. If you want to access the Text Service again, just sign up as you did before and we will start sending SMS messages to you again.

(c) If at any time you forget what keywords are supported, just text "HELP" to the SLG Short Code. After you send the "HELP" message to the SLG Short Code, we will respond with instructions on how to use our Text Service, as well as how to unsubscribe.

(d) You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, mobile telephone number, applicable software, applicable hardware and/or other equipment necessary to access the Text Service.   Sugar Loaf Games does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.   Sugar Loaf Games does not guarantee that the Text Service can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; and/or (iii) in all geographical areas.

We are able to deliver text messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

(e) As always, standard message and data rates may apply for any messages sent to you from us and from you to us.  You are fully responsible for all such charges and Sugar Loaf Games has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.  If you have any questions about your text plan or data plan, it is best to contact your wireless provider. While the number may vary, we do not anticipate sending more than [five (5) Text Service messages in a given calendar month other than where unusual circumstances exist. For all questions about the Text Service, you can send an email to: support@digital-claw.com.

(f) Please be advised that by registering for the Text Service, you are obligated to immediately inform us if and when the telephone number you used to register (“Active Telephone Number”) changes.  Without limiting the foregoing, if you: (i) have your Active Telephone Number reassigned to another person or entity; (ii) give up your Active Telephone Number so that it is no longer used by you; (iii) port your Active Telephone Number to a landline or vice versa; or (iv) otherwise stop using that Active Telephone Number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify us of the Phone Number Change via e-mail at: support@digital-claw.com.

If you have any questions regarding privacy issues associated with the Text Service, you can access our Privacy Policy by Clicking Here.

To the extent permitted by applicable law, you consent to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and Conditions and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms and Conditions electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent by either e-mailing your request to withdraw to us at: support@digital-claw.com, or deactivating your Account

  1. Content.Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Sugar Loaf Games Offerings. The Content is compiled, distributed and displayed by Sugar Loaf Games, as well as third-party content providers (“Third-Party Providers”).  Sugar Loaf Games does not control the Content provided by Third-Party Providers that is made available by and through the  Sugar Loaf Games Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, legality, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon.  Sugar Loaf Games does not represent or warrant that the Content and other information posted by and through the  Sugar Loaf Games Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Sugar Loaf Games will not be responsible for, and Sugar Loaf Games undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers, and makes no representations or warranties regarding any websites, information or content that may be accessible through the Sugar Loaf Games Offerings that is not maintained, controlled or created by Sugar Loaf Games. Further, Sugar Loaf Games assumes no responsibility for the content, privacy policies, cookies, or practices of any Third-Party Providers. Sugar Loaf Games will not censor or edit the content of any third-party websites. Additionally, because Sugar Loaf Games does not control non-Sugar Loaf Games sites or the products advertised therein, you acknowledge and agree that Sugar Loaf Games is not responsible for the availability of such sites, products, or services, and is neither responsible nor liable for any content, advertising, products, services or other materials on or available from such sites.. You agree that Sugar Loaf Games shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
  2. Free Plays; Bulk Plays; Claw Games.You can obtain, or attempt to obtain: (a) Free Plays by following the instructions set forth on an eligible Claw Game; and/or (b) Bulk Plays by following the instructions set forth in Section 8 below. Certain limitations, requirements, terms and conditions may apply to Free Plays, Bulk Plays, as well as the applicable Claw Games. You acknowledge and agree that Sugar Loaf Games is not liable for your engagement with these Claw Games.

Users should set personal limits regarding purchases of Bulk Plays used in connection with the Claw Games and ensure that they are engaging in responsible Claw Game purchase and playing behavior. If, at any point, a User becomes concerned about the amount of money spent on Bulk Plays, she/he should cease further Claw Game Bulk Plays purchasing. In addition, that User can contact us (using the methods set forth in the “Contact Us” section below) and request to be self-excluded for one (1) year, five (5) years or permanently.

Once a User self-excludes, we will block her/his Account. Any new Accounts she/he attempts to open during the applicable period of self-exclusion will also be blocked as soon as they are detected. In addition, we will take all reasonable measures to make sure that the User does not receive any promotional material during this time.

Sugar Loaf Games reserves the right to exclude a User for any reason in Sugar Loaf Games’ sole discretion

The Claw Games may not be legal in all jurisdictions. Sugar Loaf Games does not review the legality of any Claw Games and/or the standing of any Third-Party Game Operators with any regulatory authority and/or governmental agency. Therefore, Sugar Loaf Games makes no representation regarding the legal status and/or standing of any Claw Game and/or Third-Party Game Operator. WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT PARTICIPATION IN A CLAW GAME IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT USER’S RESIDENT JURISDICTION.

You understand and agree that Sugar Loaf Games is not responsible or liable in any manner whatsoever for your use of, or inability to use the Free Plays, Bulk Plays and/or Claw Games. You understand and agree that Sugar Loaf Games shall not be liable to you or any third-party for any modification, suspension or discontinuation of the Free Plays, Bulk Plays and/or Claw Games. You understand and agree that refusal to use the Sugar Loaf Games Offerings is your sole right and remedy with respect to any dispute with Sugar Loaf Games.

Please be advised that Sugar Loaf Games does not itself operate the Claw Games, and the entry fees, rules, prizes and terms and conditions of any such Claw Games will be determined by the applicable Third-Party Game Operators. You understand and agree that Sugar Loaf Games shall not be liable to you or any third-party for any claims related to the Claw Games offered by any Third-Party Game Operators.

  1. Purchases.

(a) Purchasing Bulk Plays. You can purchase Bulk Plays for use with participating Claw Games, where and when available, by completing the applicable Form and providing the requisite Registration Data. Where you purchase Bulk Plays, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form or updat at a later date will be charged the applicable amount. Prices do not include applicable taxes. ALL SALES OF BULK PLAYS ARE FINAL AND NON-REFUNDABLE.

(b) General Billing Provisions. Failure to use the Bulk Plays does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Sugar Loaf Games in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Sugar Loaf Games reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Bulk Plays after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

Sugar Loaf Games’ authorization to provide and bill for the Bulk Plays is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Sugar Loaf Games reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

  1. License Grant.As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Sugar Loaf Games Offerings. Sugar Loaf Games may terminate this license at any time for any reason. Unless otherwise expressly authorized by Sugar Loaf Games, as a visitor to the Site, you may only use the Sugar Loaf Games Offerings for your own personal, non-commercial use. No part of the Sugar Loaf Games Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Sugar Loaf Games Offerings except as expressly permitted by Sugar Loaf Games. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Sugar Loaf Games Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Sugar Loaf Games Offerings. You may not use the Sugar Loaf Games Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Sugar Loaf Games Offerings for any commercial purposes not expressly permitted by Sugar Loaf Games. You further agree to indemnify and hold harmless Sugar Loaf Games for your failure to comply with this Section 9. Sugar Loaf Games reserves any rights not explicitly granted in the Agreement.
  2. Proprietary Rights.The Sugar Loaf Games Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Sugar Loaf Games Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Sugar Loaf Games Offerings. SUGAR LOAF trademark and associated logo is a registered trademark of National Entertainment Network, LLC, used by Digital Claw, LLC with permission.. All Claw Game-related trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Third-Party Game Operators. The use of any Sugar Loaf Games trademark without Sugar Loaf Games’™ express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material by and through the Sugar Loaf Games Offerings does not constitute a waiver of any right in or to such information and/or materials.
  3. Notice and Takedown Procedures. Sugar Loaf Games does not permit copyright infringing activities and infringement of intellectual property rights on the Sugar Loaf Games Offerings, and Sugar Loaf Games will remove any material or user submissions if properly notified that such material or user submissions infringe on another’s intellectual property rights. If you believe any materials or user submissions (“Materials”) on the Sugar Loaf Games Offerings infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Sugar Loaf Games’ designated agent (address below) and provide the following information:

 

  1. A clear statement identifying the Materials believed to be infringed.
  2. A statement from the intellectual property owner or authorized representative that the Materials are believed to be infringing and not authorized by the owner.
  3. Sufficient information about the location of the allegedly infringing Materials so that Sugar Loaf Games can find and verify its existence.
  4. Your name, telephone number and e-mail address.
  5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are the owner or are authorized to act on the owner’s behalf.
  6. A signature or the electronic equivalent from the owner or authorized representative.

 

Sugar Loaf Games’ agent for notice of copyright or trademark issues in connection with the Sugar Loaf Games Offerings can be reached as follows: Attn: Legal Department, National Entertainment Network, 325 Interlocken Pkwy, Broomfield, CO 80021

Sugar Loaf Games shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Sugar Loaf Games may use information about your demographics and use of the Sugar Loaf Games Offerings in any manner that does not reveal your identity.

  1. Legal Warning.Any attempt by any User to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Sugar Loaf Games Offerings is a violation of criminal and civil law and Sugar Loaf Games will diligently pursue any and all remedies in this regard against any offending User or entity to the fullest extent permissible by law and in equity.
  2. Indemnification.You agree to indemnify and hold Sugar Loaf Games, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Sugar Loaf Games Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of Sugar Loaf Games, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  3. Disclaimer of Warranties.THE SUGAR LOAF GAMES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SUGAR LOAF GAMES MAKES NO WARRANTY THAT: (A) THE CLAW GAMES WILL FUNCTION PROPERLY; (B) THAT YOU WILL WIN A PRIZE IN CONNECTION WITH ANY CLAW GAME; AND/OR (C) THAT THE SUGAR LOAF GAMES OFFERINGS (INCLUDING THE TEXT SERVICE) AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (III) WILL BE FREE OF HARMFUL COMPONENTS; (IV) WILL RESULT IN ANY ECONOMIC BENEFIT OR GAIN; (V) WILL ENABLE YOU TO QUALIFY FOR ANY FREE PLAYS; AND/OR (VI) WILL BE ACCURATE OR RELIABLE. THE SUGAR LOAF GAMES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SUGAR LOAF GAMES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SUGAR LOAF GAMES OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUGAR LOAF GAMES OR OTHERWISE THROUGH OR FROM THE SUGAR LOAF GAMES OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  4. Limitation of Liability.YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUGAR LOAF GAMES SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUGAR LOAF GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SUGAR LOAF GAMES OFFERINGS (INCLDUING THE TEXT SERVICE) AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SUGAR LOAF GAMES OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY ECONOMIC BENEFIT OR GAIN; (E) YOUR FAILURE TO QUALIFY FOR ANY FREE PLAYS; (F) THE IMPROPER FUNCTIONING OF ANY CLAW GAME AND/OR YOUR FAILURE TO WIN A PRIZE IN CONNECTION WITH SAME; AND/OR (G) ANY OTHER MATTER RELATING TO THE SUGAR LOAF GAMES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE SUGAR LOAF GAMES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF SUGAR LOAF GAMES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SUGAR LOAF GAMES OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR SUGAR LOAF GAMES MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SUGAR LOAF GAMES. ACCESS TO THE SUGAR LOAF GAMES OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF SUGAR LOAF GAMES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  5. Third-Party Websites.The Sugar Loaf Games Offerings contain links to other websites on the Internet that are owned and operated by third parties. Sugar Loaf Games does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by Sugar Loaf Games of the applicable website or any association with the website’s operators. Because Sugar Loaf Games has no control over such websites and resources, you agree that Sugar Loaf Games is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that Sugar Loaf Games shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
  6. Editing, Deleting and Modification.We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
  7. End-User Information.All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
  8. Dispute Resolution Provisions.The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against Sugar Loaf Games or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and Sugar Loaf Games and/or any Covered Party including, without limitation, any matter concerning the Sugar Loaf Games Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) you agree to submit the dispute for resolution by arbitration before the American Arbitration Association in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association (the “AAA”); and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here.

We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in New York, NY, by filing a separate Demand for Arbitration, which is available  . For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit and/or class arbitration as to any claim, dispute or controversy that you may have against any Covered Party and/or Sugar Loaf Games (including its employees, officers, directors, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Sugar Loaf Games and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits and/or class arbitrations: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

  1. Miscellaneous.To the extent that anything in or associated with the Sugar Loaf Games Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Sugar Loaf Games may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  2. California End-User Consumer Rights.In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
  3. Contact Us.If you have any questions about the Agreement and/or the Sugar Loaf Games Offerings, please feel free to: (a) send us U.S. Mail to: Digital Claw, LLC, 910 Sylvan Avenue, Suite 140, Englewood Cliffs, NJ, 07632; (b) call us toll free at: 551-253-2127; or (c) e-mail us at: support@digital-claw.com.