Sugar Reels™ Beta Program Addendum
Part of the Sugar Reels Terms of Service. Please read carefully.
This Beta Program Addendum (this "Addendum") forms part of, and is incorporated into, the Sugar Reels Terms of Service (as amended from time to time, the "Terms of Service"), and applies in addition to the general provisions of the Terms of Service to any person or entity that participates in the Sugar Reels™ beta program. The Sugar Reels product and service is provided by Print on Foods, and this Addendum applies as between the Participant and Print on Foods, with Sugar Reels and Icing Images participating solely in marketing and promotional capacities as described herein and intended to benefit from its protections. By creating an account, placing an order, submitting any content, offering or making Sugar Reels available to customers, or otherwise accessing or participating in the Beta Program (as defined below), the person or entity doing so ("I," "me," or "Participant") agrees to be bound by the Terms of Service, including this Addendum.
As used herein:
- "Print on Foods" means Print on Foods, the entity that produces, creates, and fulfills the Sugar Reels product and service (the "Provider").
- "Sugar Reels" means the Sugar Reels™ marketing entity, which markets and promotes the Program and receives a commission from Print on Foods in connection therewith, and which does not itself produce, create, or fulfill the Sugar Reels product or service.
- "Icing Images" means Icing Images, which promotes and markets the Program, and which does not itself produce, create, or fulfill the Sugar Reels product or service.
- "Company Parties" means Print on Foods, Sugar Reels, and Icing Images, and each of their respective parent companies, subsidiaries, affiliates, partners, suppliers, licensors, vendors, and service providers, collectively.
- "Marketing Parties" means Sugar Reels and Icing Images, and each of their respective parent companies, subsidiaries, affiliates, partners, suppliers, licensors, vendors, and service providers, collectively.
1. Beta Status
Participant acknowledges and agrees that Sugar Reels™ (the "Program") is currently made available solely as a beta-stage product and service (the "Beta Program"), provided on an "AS IS" and "AS AVAILABLE" basis. Participant further acknowledges that, throughout the beta period, the Program is and will be subject to ongoing testing, evaluation, development, modification, and refinement, and may contain errors, defects, interruptions, or limitations.
2. Reservation of Rights
Participant acknowledges and agrees that the Company Parties reserve the right, at any time and from time to time, in their sole and absolute discretion, and without prior notice or liability to Participant, to modify, suspend, limit, restrict, replace, discontinue, or otherwise change, in whole or in part, any aspect of the Program, including without limitation: the platform; the ordering and fulfillment process; pricing, fees, and charges; features and functionality; content submission requirements; approval and eligibility requirements; video display and playback; augmented reality experiences; QR code generation and scanning processes; directory listings; customer and participant requirements; product or service availability; timelines and turnaround; technical support; and any related or ancillary services.
3. No Guarantee of Continuity
Participant acknowledges and agrees that participation in the Beta Program confers no guarantee, representation, or warranty, express or implied, that any particular feature, price, fee, process, directory listing, ordering method, display result, performance outcome, service level, or other element of the Program will remain available, continuous, or unchanged.
4. Acceptance Through Participation
By creating an account, placing an order, submitting any content, offering or making Sugar Reels available to customers, or otherwise accessing or participating in the Beta Program in any manner, Participant acknowledges that Participant has read, understood, and agrees to be bound by the Terms of Service, including this Addendum, and accepts that the Program and any of its components may be changed, in whole or in part, at any time and without notice, as the Company Parties continue to test, develop, and improve the Program.
5. Disclaimer of Warranties
Participant acknowledges and agrees that the Program is provided on an "AS IS" and "AS AVAILABLE" basis, with all faults, and that, to the fullest extent permitted by applicable law, the Company Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing, usage, or trade practice. Without limiting the foregoing, the Company Parties make no warranty or representation that the Program will meet Participant's requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. No advice or information, whether oral or written, obtained from any Company Party shall create any warranty not expressly stated herein.
6. Limitation of Liability
(a) Exclusion of indirect damages. To the fullest extent permitted by applicable law, in no event shall the Company Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or other intangible losses, arising out of or relating to the Program or the Beta Program, whether based in contract, tort (including negligence), strict liability, or any other legal or equitable theory, and whether or not any Company Party has been advised of the possibility of such damages.
(b) Aggregate cap — customers. To the fullest extent permitted by applicable law, with respect to a Participant participating as a customer or purchaser, the aggregate liability of the Company Parties arising out of or relating to the Program shall not exceed one hundred U.S. dollars (US $100.00).
(c) Aggregate cap — bakers and partners. To the fullest extent permitted by applicable law, with respect to a Participant participating as a baker, vendor, or program partner, the aggregate liability of the Company Parties shall not exceed the greater of (i) the total fees actually paid by the Partner to Print on Foods during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US $100.00).
(d) Exceptions. Nothing in this Section shall operate to exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury caused by negligence.
7. Roles of the Parties; Independent Bakers
(a) Provider. Participant acknowledges and agrees that the Sugar Reels product and service is produced, created, and fulfilled by Print on Foods. Responsibility for the production, creation, and fulfillment of the Sugar Reels product and service rests with Print on Foods.
(b) Marketing Parties. Participant acknowledges and agrees that Sugar Reels and Icing Images act solely in marketing and promotional capacities with respect to the Program. Neither Sugar Reels nor Icing Images produces, creates, fulfills, sells, or delivers the Sugar Reels product or service. Accordingly, and to the fullest extent permitted by applicable law, the Marketing Parties shall have no responsibility or liability of any kind arising out of or relating to the production, creation, fulfillment, performance, quality, safety, or results of the Sugar Reels product or service.
(c) Independent Bakers. The Company Parties operate the Program as a technology platform and directory service that connects customers with independent bakers. The Company Parties do not bake, prepare, sell, fulfill, or deliver the cakes, cookies, confections, or other food products offered in connection with the Program. Each baker is an independent business that is not an employee, agent, joint venturer, franchisee, or legal partner of any Company Party. The Company Parties make no representation or warranty regarding, and shall have no responsibility or liability for, the acts, omissions, products, ingredients, allergens, food handling, food safety, licensing, pricing, or conduct of any independent baker.
8. Feedback License
Participant may, from time to time, provide suggestions, comments, ideas, reports, or other feedback regarding the Program. Participant hereby grants to Sugar Reels and Icing Images a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit any and all Feedback for any purpose whatsoever, including to develop, improve, market, and commercialize the Program, without any obligation, attribution, compensation, or accounting to Participant.
9. Relationship to the Terms of Service
This Addendum forms part of the Terms of Service and is to be read together with them. The general provisions of the Terms of Service apply to participation in the Beta Program except as expressly modified by this Addendum. In the event of any conflict or inconsistency between this Addendum and the general provisions of the Terms of Service with respect to the Beta Program, this Addendum shall control to the extent of that conflict.
Acceptance
By checking the box marked "I have read and agree to the Terms of Service, including the Beta Program Addendum" — and by creating an account, placing an order, submitting content, offering Sugar Reels to customers, or otherwise participating in the Beta Program — I confirm that I have read, understood, and agree to be bound by the Terms of Service, including this Addendum.