TERMS OF USE

1. Acceptance of Terms of Use. The Department of Sugar LLC d/b/a Sweet Designs by Kathy (“The Department of Sugar”) provides you with access to, and use of, this website (the “Website”) subject to all applicable laws and regulations, this Terms of Use and The Department of Sugar’s Privacy Policy (departmentofsugar.com/privacypolicy). By accessing and using the Website you accept each of the Terms of Use without limitation. If you do not accept each of the Terms of Use without limitation, please exit the Website. This Terms of Use supersedes any other agreements you may have with The Department of Sugar regarding this subject matter.

2. Content Ownership. The content or other materials on the Website including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by The Department of Sugar, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by The Department of Sugar unless otherwise noted, and you may not use the Content, except as provided in this Terms of Use, without the prior written permission of The Department of Sugar.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Website are either the trademarks or service marks (registered or unregistered) of The Department of Sugar unless otherwise stated herein. The Department of Sugar expressly reserves all intellectual property rights in all Content on the Website and no right or license is granted to you to use them by implication, estoppel or otherwise. No license is granted to you in connection with such Content contained on the Website. Neither these Terms of Use nor your access to the Website transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms of Use. The Department of Sugar and its licensors reserve all rights not granted in these Terms of Use.

In its sole discretion, The Department of Sugar may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

3. User Conduct. The Department of Sugar grants you a non-transferable, non-exclusive, revocable right to access and use the Website for your personal use so long as you comply with all copyright and other policies contained therein. The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Content, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) except as expressly stated herein, no part of the Website or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you may not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Website or any other system, device or property; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website or Content. Any unauthorized use of the Website or Content terminates the rights granted by The Department of Sugar pursuant to these Terms of Use.

Additionally, you agree to not to engage in any of the following activities on the Website:

• Upload, post or transmit any content that (i) is unlawful, (ii) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy or other rights of any third party, or (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable;
• Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
• Impersonate another user, person or entity, including any official or employee of The Department of Sugar, or falsifies or misrepresents yourself or your affiliation with any person or entity;
• Attempt, in any manner, to obtain or access the password, account, products, devices, systems, or other security information from any other user or third party; and
• Use the Website to advertise or perform any commercial solicitation.

4. Accounts. To use certain features of the Website, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services will not violate any U.S. or other applicable law or regulation. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account and to maintain your password securely to prevent others from gaining access. You agree to immediately notify The Department of Sugar of any unauthorized use or suspected unauthorized use of your Account, or any other breach of security. The Department of Sugar is not liable for any loss or damage arising from your failure to comply with the above requirements. At any time, The Department of Sugar may suspend or terminate your rights to use the Website (including your Account) for any reason at its sole discretion, including for any use of the Website in violation of these Terms of Use. If you are under 18, you may use the Website only with involvement of a parent or guardian.

5. Privacy; Security of Personal Information. The Department of Sugar Privacy Policy (www.departmentofsugar.com) sets forth important information on how we collect, process, use and share your data (the “Privacy Policy”). The Privacy Policy is incorporated by reference into these Terms and you are agreeing to accept and abide by the terms of the Privacy Policy by using the Website.

The Department of Sugar cares about the integrity and security of your personal information and endeavors to implement appropriate security measures. However, The Department of Sugar cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk

6. Links to Third-party Websites. The Website may contain links to other Internet sites not under the ownership or editorial control of The Department of Sugar. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by The Department of Sugar of any products, services, advice or information available from such sites. The Department of Sugar does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites, and you hereby release The Department of Sugar and its subsidiaries, affiliates, officers, managers, members and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of The Department of Sugar.

7. You agree to indemnify and hold The Department of Sugar (and its officers, employees, and agents) harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (1) your use (or misuse) of, or inability to use, the Website; (2) your violation of these Terms of Use; (3) any Feedback or other content your provide; (4) your violation of applicable laws or regulations; or (5) your violation of any rights of another party, including any other users. The Department of Sugar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Department of Sugar, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without The Department of Sugar’s prior written consent. The Department of Sugar will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your Account, the Terms of Use, or your access to the Website.

8. EXCLUSION OF LIABILITY. NEITHER THE DEPARTMENT OF SUGAR NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, MEMBERS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY THE DEPARTMENT OF SUGAR SITE, INCLUDING THE WEBSITE, AND YOUR USE OF ANY THE DEPARTMENT OF SUGAR SITE, INCLUDING THE WEBSITE, IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY THE DEPARTMENT OF SUGAR SITE, INCLUDING THE WEBSITE, BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. THE DEPARTMENT OF SUGAR DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY THE DEPARTMENT OF SUGAR SITE, INCLUDING THE WEBSITE.

IN NO CASE SHALL THE DEPARTMENT OF SUGAR BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THE DEPARTMENT OF SUGAR IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. THE DEPARTMENT OF SUGAR’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID, IF ANY, TO ACCESS THE WEBSITE.

9. DISCLAIMER OF WARRANTIES. THE CONTENT OF ANY THE DEPARTMENT OF SUGAR SITE, INCLUDING THE WEBSITE, IS PROVIDED “AS IS” AND THE DEPARTMENT OF SUGAR DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

• THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
• THE CONTENT IS ERROR-FREE AND ACCURATE;
• THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
• THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
• THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.

IN ADDITION TO THE ABOVE YOU (AND NOT THE DEPARTMENT OF SUGAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE ANY THE DEPARTMENT OF SUGAR SITE, INCLUDING THE WEBSITE OR VIEW THE CONTENT.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

10. Revisions to the Terms of Use. The Department of Sugar may at any time, in its sole discretion and without notice, revise or modify this Terms of Use or the Privacy Policy. You are bound by any such revisions and should periodically visit this Website to review the current Terms of Use and Privacy Policy pages.

11. Content Submitted by Users. Any communication or material you transmit to The Department of Sugar at the Website by electronic mail or otherwise, including any ideas, data, questions, comments, suggestions, proposals, concepts or the like (“Feedback”) is, and will be treated as, non-confidential and non-proprietary. Any Feedback you transmit or post is at your own risk and that The Department of Sugar has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby assign to The Department of Sugar all of your right, title and interest in such Feedback. In the event such assignment may not be valid, you grant The Department of Sugar a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. The Department of Sugar will treat any Feedback you provide to The Department of Sugar as non-confidential and non-proprietary.

12. Website Security. Users are prohibited from violating or attempting to violate the security of the Website, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. Violations of system or network security may result in civil or criminal liability. The Department of Sugar may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

13. Choice of Law. This Terms of Use and your use of this Website is governed by the laws of the State of Illinois, without regard to its choice of law provisions.

14. General Terms. This Terms of Use constitutes the entire agreement between you and The Department of Sugar and governs your use of any The Department of Sugar Website. The failure of The Department of Sugar to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of any such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, then such provision shall be eliminated from the Terms of Use and the surviving terms shall remain in full force and effect. All provisions of these Terms of Use which by their nature should survive, will survive any expiration or termination of these Terms of Use, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. The Department of Sugar may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) email to the primary email associated with your Account or posting of such notice on the Website. The Department of Sugar is not responsible for any automatic filtering that you or your network provider may apply to email notifications. For contractual purposes, you (a) consent to receive communications from The Department of Sugar in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Department of Sugar provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.