The Platform enables brands to create digital media merchandise that is associated with a unique non-fungible token minted on the public blockchain and which is made available to Users (“Digital Collectibles”) to collect through purchases, Brand giveaways, or other authorized means. Digital Collectibles may be held on the Platform, transferred to compatible wallets, or transacted on approved marketplaces.
Sweet shall also have the right, at any time and without notice, to update, modify, alter, enhance, or eliminate the features, layout, structure, front-end, navigation, appearance, functionality and other elements of all or a part of the Platform, and any aspect, portion or feature thereof.
“Access Pass” means a Digital Collectible combined with a Perk and made available to a User.
“Account” means an authorized standard account that is opened and maintained by a User through valid registration and continued compliance with all requirements of the Platform.
“Affiliates” means a party’s subsidiaries, successors, assigns, or owners, and any company that has a business relationship with them, including without limitation, managers, entertainers, agents, companies, distributors, vendors, suppliers, licensees and any of their shareholders, officers, directors, employees, attorneys, accountants, or other representatives.
“Brands” refers to any person or entity (including but not limited to artists, entertainment properties, talent, retail brands, performers, celebrities, sports leagues, organizations, associations, conferences, and teams, players associations, sports talent, athletes, and sponsors) that appears or features in Digital Collectibles through the Services.
"Brand Partner” refers to a Brand that has entered into a formal relationship with Sweet pursuant to which such Brand licenses its rights in connection with the minting and/or initial sale or distribution of certain Digital Collectibles, which will typically feature Content provided by or associated with such Brand.
“Content” means trademarks, copyrights, proprietary materials, and any other materials, media, or content (regardless of form, format, or medium and regardless of whether it is provided by Sweet, a Brand (including a Brand Partner), or another third-party), and all other intellectual property, that is incorporated into or made a part of a Digital Collectible and which is either embedded in or linked to or from the metadata for such Digital Collectible, or used with an Access Pass, and which may include, for example and without limitation, video, photographs, names, images, artwork, depictions, likenesses, voices, and other audio-visual reproductions of venues, leagues, teams, players, broadcasters, announcers, musicians, commentators, fans, games, highlights, plays, uniforms, names, shields, statistics, sponsors, music, and sounds.
“Perks” are benefits or rights that may be offered and fulfilled by a Brand Partner, subject to such Brand Partner’s additional terms and conditions (including the Brand License Terms), through the Platform with the purchase or possession of a Digital Collectible, whether in the real-world or online, and whether or not realized or unlocked for use by you.
“Platform Services” means any features, functions, services, or content made available by Sweet on or through the Platform.
To access and participate with the Platform and the Platform Services you will need to create an Account. By creating an Account, you agree to: (a) provide accurate, current and complete account information as required, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your Account, (d) accept all risks of unauthorized access to your Account and the information you provide to us, and (e) immediately notify us by using the “Contact Us” or “Help” component of the Platform if you discover or otherwise suspect any security breaches related to the Platform or your Account. Your Account is personal to you and you are responsible if you allow others to use it. We are not liable for any direct or indirect harm caused or related to the theft or misappropriation or disclosure of all or any portion of your Account access details, or your authorization of anyone else to use your Account.
The Digital Collectibles were developed as a form of virtual collectibles, merchandise or memorabilia, existing in a digital media format and designed to mimic tangible collectors’ items in the physical world.
Each Digital Collectible has its own unique “immutable data” such as total inventory, artwork, audio files, and other information which can never be changed. In some cases, Users may be able to add on to, customize, or enhance a Digital Collectible but any such changes will be additional enhancements and not change the underlying Digital Collectible.
Sweet will create, and/or coordinate with Brand Partners to create, the smart contract on the public blockchain governing each series of Digital Collectibles, which may indicate the total number available in each series. Once committed to the applicable public blockchain, Digital Collectibles are designed so that they cannot be edited or changed by any party including Sweet or any applicable Brand Partner; however, to the extent that Sweet is able to edit, change, remove, and/or replace the Content associated with a Digital Collectible, Sweet reserves the right to do so in accordance with its rights under these Terms or Use or as required under applicable law. Sweet uses open ledger reporting and tracking capability suitable to ensure ownership and authenticity. You assume all responsibility for any adverse effects of disruptions or other issues impacting the applicable public blockchain.
Unless we state otherwise on the Platform, Digital Collectibles are transferrable to any compatible wallet or approved marketplace anywhere outside of the Platform.
YOU REPRESENT AND ACKNOWLEDGE THAT YOU ARE COLLECTING OR PURCHASING DIGITAL COLLECTIBLES SOLELY FOR YOUR OWN COLLECTION, PERSONAL USE AND ENJOYMENT FOR ENTERTAINMENT OR CONSUMPTIVE PURPOSES, AND NOT FOR SPECULATIVE OR INVESTMENT PURPOSES, FOR USE AS A SUBSTITUTE FOR CURRENCY OR MEDIUM OF EXCHANGE, OR RESALE OR REDISTRIBUTION, AND THAT YOU ARE NOT ACQUIRING ANY EQUITY OR OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN SWEET, ITS AFFILIATES OR ANY BRAND AS A RESULT OF YOUR OWNERSHIP OF DIGITAL COLLECTIBLES.
YOU WARRANT AND COVENANT THAT YOU WILL NOT PORTRAY THE DIGITAL COLLECTIBLES AS AN OPPORTUNITY TO GAIN AN ECONOMIC BENEFIT OR PROFIT, OR AS AN INVESTMENT, EQUITY, OR ANY OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN SWEET, ITS AFFILIATES OR ANY BRANDS.
YOU REPRESENT AND ACKNOWLEDGE THAT LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.
As a Platform feature, you may be able to choose how to display your owned Digital Collectibles in a virtual “trophy case” for others to view and enjoy. If active, this virtual trophy feature may be fully customized by Users, displayed within a public profile on the mobile app and on the web, and put into “display mode” for projection on TVs and other displays for the enjoyment of others. The Platform may also enable Brand Partners to add additional utility to collectibles where proof of ownership can grant Users personalized benefits such as VIP access at a concert or event. Subject to any applicable conditions provided by Sweet, the Brand, and/or your local jurisdiction you may also, if available to you, choose to move your owned Digital Collectibles off the Platform to hold, use or display outside of the Platform in a manner of your choosing.
Although many Users have no interest in parting with their Digital Collectibles, should you ultimately decide in the future to sell your Digital Collectible, you understand that your Digital Collectibles are unique, and the price of your Digital Collectible is solely dependent on another person’s interest in your unique Digital Collectible and what he or she would be willing to spend to purchase it. You understand that the price of your Digital Collectible is driven by many factors outside of your control and outside of the control of Sweet and its Brand Partners, such as a buyer’s own connection and affinity with your unique Digital Collectible, the general interest in the talent or Brand associated with the Digital Collectible (which can increase or decrease over time), general interest in collectibles both physical and digital overall, and many other factors. Given the above factors, you understand there is no guarantee that, should you ultimately want to sell your unique Digital Collectible, you will be able to find a buyer for it, and if you are able to find a buyer, there is no guarantee that the price you receive will be higher or lower at any time as compared to what you perceive as the market price or what you spent to obtain your Digital Collectible. Ownership of a Digital Collectible does not give you any rights to equity or other ownership in Sweet or any Brands (including Brand Partners), or any of their respective Affiliates.
You also expressly acknowledge, understand, and agree that: (1) Neither Sweet nor its partners (including Brand Partners) will make any distributions or payments of royalties, revenues, profits or other forms of compensation to any User for any reason including their acquisition or ownership of Digital Collectibles; (2) Sweet will not provide liquidity or establish any type of price support in any market for the acquisition or disposition of the Digital Collectibles for any purpose, including the purposes of speculative investment or generating a profit in the Digital Collectibles; (3) Sweet cannot and does not guarantee the price of any Digital Collectible; (4) Sweet does not offer, nor will it either facilitate or provide, any benefit for loaning or so-called “staking” any Digital Collectibles acquired or sold on the Platform; and (5) Digital Collectibles are not being purchased or sold with any explicit or implied expectation that they constitute one or more forms of financial instruments.
We are not responsible if your Digital Collectible or the Content becomes inaccessible to you for any reason; if you are unable to transfer your Digital Collectible or display the Content; or for any modifications or changes to the Content including any deletion, removal, or inaccessibility on the Platform, through the Services or otherwise. You acknowledge and agree that we or certain Brand Partners may modify, replace, or remove such Brand Partner’s Content associated with your Digital Collectible at any time if we or such a Brand Partner, in our sole discretion, determine it to be necessary to do so. You acknowledge and agree that the Content can be copied and distributed and that we cannot guarantee that additional copies of the Content associated with your Digital Collectible will not be created by others. You also acknowledge and agree that the Brand, or any third party on its behalf, could make additional copies of, and distribute, the Content and could sell or otherwise assign the copyright or other intellectual property rights or economic rights in such Content.
You acknowledge and agree that:
Malicious actors may hack or exploit systems and steal Digital Collectibles or other digital assets, or attempt to impersonate owners of Digital Collectibles, counterfeit Digital Collectibles, sell replicas of original Digital Collectibles, or misuse the Content associated with Digital Collectibles;
The market for NFTs is new and volatile, and the price or liquidity of a Digital Collectible may greatly decrease over a short period of time. NFTs compete with other digital assets, and this competition may negatively impact the value of your Digital Collectible. A lack of use or public interest in NFTs could also negatively impact the value of your Digital Collectible. We cannot guarantee that any purchases of Digital Collectibles will retain their original purchase price, as that is inherently subjective and factors occurring outside of the Brand or the Platform may materially impact the price and desirability of any particular Digital Collectible;
Your Digital Collectible exists only by virtue of the ownership record maintained on the public blockchain we have determined to use. Changes to that blockchain, which we cannot control, may have unintended, adverse effects on your Digital Collectible;
There are risks associated with using digital currency, including, but not limited to, volatility, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet or Account;
Under no circumstances will the operation of all or any portion of the Services be deemed to create a relationship that includes the provision or tendering of investment advice.
You acknowledge and agree that you do not own any right, title, or interest in the Content. All Content, including any and all right, title, and interest in Content, is owned by Sweet, Brands, licensors, or other third-parties, and is not in any way sold, assigned, conveyed, or otherwise transferred to you upon purchase of a Digital Collectible.
You agree that you may not copy, divide, modify, or attempt to copy, divide, or modify, the original Content associated with your Digital Collectibles in any way, and you agree that you will not use the Content embedded in Digital Collectibles for any commercial benefit, to make any derivative works of the Content, or to distribute the Content to any third party for a commercial benefit. Furthermore, you may not use Digital Collectibles for any purpose that is unlawful or prohibited by this Agreement or sub-divide or “fractionalize” Digital Collectibles or any representations thereof.
The names, logos, trade names, trademarks, service marks and other distinctive identifications of Sweet on or off the Platform, including, without limitation, SWEET and / or our stylized logo, and the Sweet Bot logo, among others (collectively “Marks”), are the trademarks and intellectual property of and are proprietary to Sweet. In addition, the Brands may have their own trademarks and logos. You have no right to use any of our Marks or those of the Brands, or any confusingly similar marks thereto, for any purpose without the express, prior, written consent of Sweet or the respective Brands and subject to the Brand License Terms. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
We may make available the ability to purchase or otherwise obtain Digital Collectibles through the Platform (a “Transaction”). If you wish to complete a Transaction that requires payment, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information to Sweet or third-party payment processors subject to their separate and additional terms and conditions. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD OR OTHER APPROVED PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant Sweet or its third-party payment processor the right to use such information for the purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Digital Collectibles will be used only in a lawful manner.
Sweet reserves the right, including without prior notice, to discontinue the sale of Digital Collectibles which have not previously been sold; to bar any user from making any Transaction; and to refuse to provide any user with any Digital Collectible or access to the Platform for any reason whatsoever. All sales are final. If any, refunds and exchanges will be subject to Sweet’s or the relevant Brand’s applicable refund and exchange policies. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
You agree to pay all charges incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred, including, without limitation, the transaction fees of third-party payment processors with whom you may transact through the Platform. You are responsible for compliance with any tax obligations arising from your use of the Platform and it is your sole responsibility to consult with a tax advisor regarding your specific state, local, and federal requirements for your jurisdiction or country. We shall bear no liability or responsibility with respect to any non-Sweet tax obligation. Sweet reserves the right, in its absolute and sole discretion, if Sweet deems it is within Sweet’s obligation for compliance with laws to issue you tax forms or disclosures (including but not limited to, Form 1099’s) and to require that you complete any such additional information as may be required for Sweet to comply with governmental requirements. You agree to indemnify, defend, and hold Sweet, Brands and Affiliates and its and their respective officers, directors, employees, members, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to provide required documentation or pay any appropriate taxes to the proper governmental authorities. To the extent that Sweet determines that it is liable or responsible in any jurisdiction for collecting or remitting any tax or providing transaction data to relevant authorities, Sweet has the right to implement such measures as it deems necessary, in its sole discretion, for ensuring compliance.
Sweet may provide functionality for a Digital Collectible such that certain downstream transfers of such Digital Collectible by you (e.g., to another consumer who collects Digital Collectibles) or to you (e.g., from another consumer transferring the Digital Collectible) require the payment of Content-related royalties to Sweet, a Brand, and/or their designees based on the purchase price of any such transfer and the intellectual property rights that are attached to transferred Digital Collectibles. Sweet may also charge a listing fee for any transactions taking place on or in connection with the Platform.
Sweet shall also be entitled to recoup or pass on any third-party transaction fees (including but not limited to debit card, credit card, third-party payment processing fees) and, to the extent applicable, sales tax amounts incurred from your use of the Platform or completion of a Transaction.
Sweet does not receive, custody, or process any payment of U.S. dollars or cryptocurrency in connection with Transactions on the Platform involving Users. All transfers of U.S. dollars and cryptocurrencies between Users and Sweet, as applicable, are processed by third-party payment service providers, and your use of these services is expressly made subject to such third-party service providers’ terms and conditions.
All sales on the Platform are final and unless otherwise agreed by Sweet in its sole discretion Sweet does not process refunds or repurchase Digital Collectibles that have been sold. If Sweet elects for a specific reason, it may in its sole discretion process a refund of a purchase made by you on the Platform to the method of payment used. Sweet will not, in any case, refund any amounts in excess of the amount of purchases made by you on the Platform. Sweet retains the right, in its sole discretion, to provide you with a credit for use on the Platform in the event that it is unable, for any reason, to offer or process any applicable refund to your original method of payment.
As between you and Sweet, and subject to the Brand License Terms, Sweet shall own and have exclusive rights (including but not limited to intellectual property rights) to, and you hereby assign to Sweet, any feedback, ideas, suggestions, or other materials or information that you provide through chat, email, posting through the Platform or otherwise (“Feedback”), including but not limited to any Feedback related to any beta use or testing of any of the Services or of Digital Collectibles. You acknowledge and agree that any Feedback you submit is not confidential. You shall not be entitled to, and hereby waive any claim for, acknowledgement or compensation related to any Feedback you provide. You hereby grant Sweet the right to unrestricted use and dissemination of any Feedback you provide, including with Brands, without acknowledgement, accounting, or compensation to you.
You hereby grant Sweet a royalty free, irrevocable, perpetual, sublicensable, transferable, and exclusive worldwide license to use, copy, modify, display, publish, or distribute, in any form, any text, images, data, or materials or other content that you provide to Sweet using the Services, or submit, post, or otherwise send to Sweet that is not Feedback (“User Content”). Sweet may remove any User Content from the Services at any time for any or no reason.
Sweet presumes that if you permit your minor child to go online and access your Account, or if you establish an Account for any minor child, then such minor child has your approval and express permission to have independent access to the Platform or any other subpage on the Platform. You understand and agree that if you do not wish your minor child to have independent access to the Platform, it is your duty to make sure that you do not give your minor child your Account access details or establish an Account for them. Remember, even if a minor child has your Account access details, you can change it by changing your password. As stated above, a minor child under age thirteen (13) is prohibited from using the Platform, even with permission from a parent or guardian. We note that some of our Brand Partners may require a User to be age eighteen (18) or older to obtain Digital Collectibles associated with such Brand Partners; please refer to the applicable Brand License Terms or Campaign rules for any minimum age requirements.
If we terminate an Account, we will permanently close such Account. If you are a User and your Account is terminated, you acknowledge that you may lose your ability to access the Digital Collectibles associated with such Account.
If your Account is terminated or suspended by Sweet, you agree to cease all access to or use of the Services (including the Platform). The Account is not an investment account, and the Digital Collectibles have no intrinsic value; consequently, and without limitation, Sweet shall have no liability to User for the freezing or termination of an Account.
Certain Platform functionality may make available access to information, products, services and other materials made available by third parties (“Third-Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. Links to Third-Party Materials may be provided as a convenience, but are not controlled by us.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
As a purchaser or possessor of a Digital Collectible, you may be offered certain Perks within descriptions, advertising, or marketing materials. Sweet and its Brands, licensors, artists, or other partners have the right to add, modify or remove any Perk at any time and without notice at their sole discretion. Perks are provided on an “as is” and “as available” basis for a limited time only.
Your use of the Services (including access to the Platform) is subject to all applicable local, state, national laws, rules, and regulations and, in some cases, international treaties. You are solely responsible for all of your postings on the Platform, in the Sweet app, or through any third-party social media sites, and all other activities, acts and omissions that occur in, from, through or under your Account. You agree to abide by these “Rules of Conduct.” You shall not use, allow, post, chat, encourage or enable others to use, allow, post, chat, or knowingly condone the use of the Services in any manner that is, attempts to, or is likely to:
Bids placed on Digital Collectibles sold in auction format on the Platform are binding offers to purchase the Digital Collectible. You are required to complete your payment within twenty-four (24) hours of winning an auction. A User failing to make payment after winning an auction is subject to being suspended or terminated from the Platform at Sweet’s sole discretion.
Any reported offensive content is subject to be removed from the Platform and the User creating such content is subject to being terminated from the Platform.
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 available on the Platform infringe your copyright, you (or your agent) may send to Sweet a written notice by mail or e-mail, requesting that Sweet remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Sweet a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to the Copyright Agent as follows: By mail to Copyright Agent c/o SocialSweet, Inc. DBA Sweet, 30 W Park Place, Morristown, New Jersey 07960; or by e-mail to email@example.com. The Copyright Agent’s phone number is 201-775-9000.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PLATFORM AND ALL SERVICES, DIGITAL COLLECTIBLES, PERKS, REWARDS AND CONTENT THEREON ARE MADE AVAILABLE ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. Without limiting the foregoing, neither Sweet, Brands nor any Affiliates, suppliers or collaborators are responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services; nor are we responsible for the acts or omissions of third-party platforms and their operators and users. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all Services, features and functions of the Services (including the Platform).
Sweet cannot guarantee continuous service and access to the Services (including access to the Platform) without interruption or delay. It also is expected that occasional planned outages will be required to maintain and enhance the Services. These updates and releases are done in the interest of improving the Services functionality for Brand Partners and experience for the User. You indemnify Sweet against any losses associated with an inability to use or access the Services based on such system unavailability or limitation of access or functionality.
In some cases, Sweet integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). You acknowledge that Sweet has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Services could incur an outage outside of Sweet’s control, and certain aspects of the Services’ functionality could be impacted by changes of features made available through Third Party APIs.
SWEET DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO ANY PART OF THE SERVICES. SWEET DOES NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SWEET WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN – OR TAKEN IN RELIANCE – ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE SWEET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, SWEET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES. SWEET CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
We take great pride in creating the Platform. We keep an eye out for material technical glitches that affect how the Platform works and, when we find them, we will seek to fix them. Unfortunately, your computer or other device, or your online service provider or other entity, may cause some glitches that affect how you see the Platform — and that is totally beyond our control.
If you experience any unusual behavior, content, or ads on the Platform, it may be the result of Malware on your computer or other device. Malware — short for ‘Malicious Software’ — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Platform is working properly, sometimes Malware programs on your personal computer or devices may interfere with your experience on the Platform and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If you ever suspect that there is any kind of Malware on the Platform or servers, please use the Contact Us website link and notify us immediately.
The Platform is controlled or operated (or both) from the United States and is not intended to subject Sweet to any non-U.S. jurisdiction or law. Although the Platform may be accessible worldwide, the Platform may not be appropriate or available for use in some non-U.S. jurisdictions, and we make no representation that materials thereon are lawful, appropriate, or available for use in locations outside the United States of America and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited. Those who choose to access the Platform from other locations outside the United States of America do so on their own risk and must comply with all local laws including but not limited to tax and securities laws. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).
Definition of Dispute.
Mandatory Informal Pre-Dispute Resolution Process.
Before initiating an arbitration proceeding, you or the Dispute Party(ies) must give the other party(ies) notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Notice of Dispute) or a representative of the Dispute Party(ies) (if a Dispute Party is initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address), and Account information if applicable; (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it.
You must send any such Notice of Dispute to the Dispute Party(ies) by email to firstname.lastname@example.org and, if applicable, by email to the applicable Brand Partner(s) if such email address is identified for such applicable Brand Partner in the Brand License Terms. We must send any such Notice of Dispute to you at the email address we have on file for you. You and the Dispute Party(ies) agree to attempt to resolve the Dispute through informal, good faith negotiations for a sixty (60) day period from the date that a completed Notice of Dispute is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and the Dispute Party(ies) agree to participate in an effort to resolve the Dispute. Should the Dispute Party(ies) make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the Dispute Party(ies) agree to have a representative attend this conference (with counsel, if the Dispute Party(ies) are represented).
Compliance with this “Mandatory Informal Pre-Dispute Resolution Process” is a condition precedent to initiating arbitration. Neither you nor the Dispute Party(ies) may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Dispute or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any arbitration proceeding shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees. Notwithstanding the foregoing, either party may elect to raise non-compliance with this Mandatory Informal Pre-Dispute Resolution Process and seek relief in arbitration.Any applicable limitations period (including the statute of limitations) and any filing fee deadlines shall be tolled while you and the Dispute Party(ies) engage in this Mandatory Informal Pre-Dispute Resolution Process in an effort to resolve the Dispute.
Small Claims Court.
Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Informal Pre-Dispute Resolution Process or small claims court shall be resolved by binding arbitration to be held in the county or parish in which you reside.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and these arbitration provisions. If you are initiating arbitration, you shall serve the demand on the Dispute Party(ies) by email to email@example.com and, if applicable, by email to the applicable Brand Partner(s) if such email address is identified for such applicable Brand Partner in the Brand License Terms. If the Dispute Party(ies) initiate(s) arbitration, the Dispute Party(ies) shall serve the demand at the email address that we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Mandatory Informal Pre-Dispute Resolution Process (and they shall attach the Notice of Dispute) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
The AAA Rules shall govern the payment of all arbitration fees. You and the Dispute Party(ies) agree that arbitration is designed to be cost-effective for all parties. Either party may engage with the AAA to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court in these Brand License Terms and (2) issues related to the scope and enforceability of the arbitration provisions.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator must follow these Terms of Service and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and the Dispute Party(ies) otherwise agree, one person's claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and the Dispute Party(ies) agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and the Dispute Party’s(ies’) representative shall personally appear at any hearing ordered by the arbitrator (along with your and counsel for the Dispute Party(ies), if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not subject to small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held and you and the Dispute Party(ies) representative shall personally appear (along with your and the counsel for the Dispute Party(ies) , if represented). The parties can agree to waive a hearing.
Additional Procedures for Multiple Case Filings.
The following provisions set forth additional procedures that apply to multiple case filings. If fifty (50) or more similar claims are asserted against the Dispute Party(ies) by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them), you understand and agree that these additional procedures shall apply and the resolution of your Dispute might be delayed.
Each case within any given stage shall be assigned to a different, single arbitrator, unless the parties otherwise agree in writing. If your claim is not resolved as part of the staged process set forth above, either:
Opt Out of Future Changes.
If any future change is made to the arbitration provisions in this Section 1 (other than a change to the notice address), you may reject any such change by sending a personally signed, written notice of your decision to opt out of those changes by email to firstname.lastname@example.org within thirty (30) days of notice of the change and include your full name and your mailing address, telephone number, and email address, and a description of when and how you interacted with the Dispute Party(ies). Such opt out must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).
You and the Dispute Party(ies) agree that, to the fullest extent permitted by applicable law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and the Dispute Party(ies) may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and the Dispute Party(ies) may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or the Dispute Party(ies) may participate in a class-wide settlement.
To the fullest extent permitted by applicable law, you and the Dispute Party(ies) waive any right to a jury trial.
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Any Notice of Dispute and any other notices related to any Dispute against the Hockey Parties shall be sent by email to ADR@nhl.com for the NHL Parties, https://www.nhlpa.com/the-pa/what-we-do/contact-us for the NHLPA, and email@example.com the NHLAA, as applicable, with a copy to firstname.lastname@example.org.
The Limited License applies only to the Digital Collectibles on the blockchain that we, in our sole discretion, may designate, which designation shall apply retroactively. Therefore, if, for example, a fork or other event purports to result in a duplicate of a Digital Collectible, only the Digital Collectible recorded on the blockchain designated by us will be eligible to receive the benefit of the Limited License. Any license purportedly granted hereunder to an owner of a Digital Collectible recorded on a blockchain not designated by us is void ab initio.
You may not and will not permit any third party to do or attempt to do any of the following without the express prior written consent of the appropriate Hockey Parties in each case: (i) modify, alter and/or create derivative works of the Hockey Party Content; (ii) use the Hockey Party Content for your and/or any other third party’s commercial benefit, including in any advertising, marketing or promotion related thereto; (iii) use the Hockey Party Content in connection with images, videos, and/or other forms of media that depict hatred, intolerance, violence, cruelty, politics or anything else that could reasonably be found to constitute hate speech or infringe upon the rights of others; (iv) use the Hockey Party Content in a manner that disparages or otherwise reflects unfavorably or harms any Hockey Parties; (v) attempt to mint, tokenize, or create an additional cryptographic token, including an NFT, representing the Hockey Party Content on any platform; and (vi) otherwise commercially use or exploit any Hockey Party Content for your or any third party’s beneﬁt, including by selling copies of any Hockey Party Content or selling derivative works embodying any Hockey Party Content.
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