Terms Of Use

Overview:

Welcome to ShuGr Media. We are a digital media collection and cataloging service, providing our members with access to information regarding motion pictures, television and other audio visual entertainment via the Internet to certain Internet-connected computers and other devices. We’ve put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.

These Terms of Use provide that all disputes between you and ShuGr Media will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with ShuGr Media.

These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. For your convenience, we’ve indexed the Terms of Use so as to help you more easily navigate and access areas of interest. We hope you enjoy your ShuGr Media experience.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the ShuGr Media service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the “service”). By using, visiting, or browsing the ShuGr Media service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ShuGr Media service, including our website and user interfaces.

These Terms of Use govern your use of the ShuGr Media service and you should read them carefully. The ShuGr Media service is provided by ShuGr Media, or one of its affiliated companies. The ShuGr Media company that is providing the service to you (referred to as “ShuGr Media” in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the ShuGr Media service.

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Changes to Terms of Use

ShuGr Media reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the ShuGr Media website. The most current version of the Terms of Use will supersede all previous versions.

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Privacy and Communications Preferences

Any personally identifying information submitted through the ShuGr Media service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, ShuGr Media may send you newsletters about new features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply use the links provided in the respective communication to unsubscribe from the communication or log into your ShuGr Media online forum account and disable the setting to receive email notifications from ShuGr Media. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

By using the ShuGr Media service, you consent to receiving electronic communications from ShuGr Media. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with ShuGr Media and you receive them as part of the ShuGr Media membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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Membership and Billing

You can find the specific details regarding your membership with ShuGr Media at any time by contacting us at info@shugrmedia.com.

  • Free Trials

Your ShuGr Media membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access during sign-up to use our service.

As part of the free trial period, we will periodically display advertisements via the ShuGr Media service. To view the specific details regarding the nature of the advertisements and their use of personal information, please review our Privacy Policy. You may cancel your membership at any time.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

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  • Billing

ShuGr Media does not currently provide a paid for service option; however, should such a time arise where a paid-for service is available, you will be informed of the option along with any associated features, benefits, and amendments to your membership agreement.

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  • Ongoing Membership

Your ShuGr Media membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it.

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  • Cancellation

You may cancel your ShuGr Media membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel, contact us at info@shugrmedia.com.

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Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

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How Our Service Works

ShuGr Media is an online subscription service providing its members with access to metadata regarding movies and other audio visual media via the Internet.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Availability. The availability of service connection will change from time to time, and from country to country. The quality of the connection may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. ShuGr Media makes no representations or warranties about the quality of connection on your device.

Response Time: The time it takes to begin download metadata will vary based on a number of factors, including your location, available bandwidth at the time, and the configuration of your device. You must be connected to the Internet throughout the metadata download experience.

Personal Computer Requirements and Device Limitations: To enjoy the ShuGr Media experience via your personal computer, your equipment must satisfy certain system requirements. Click here to view the various system requirements. There is no limitation on the number of devices within a single household that are authorized to access the ShuGr Media service.

ShuGr Media software: ShuGr Media software is developed by, or for, ShuGr Media and is designed to enable the download of metadata content from ShuGr Media. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you by ShuGr Media pursuant to these Terms of Use and solely for the purpose of using the ShuGr Media service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and ShuGr Media reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the ShuGr Media service through such software at any time, without prior or any notice.

END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE SHUGR MEDIA SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SHUGR MEDIA AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the ShuGr Media service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all service content may cease to be available through our service on some devices.

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Features & Functionality

  • Member Reviews

We permit you to post reviews of the ShuGr Media service and software available through the ShuGr Media service. We reserve the right to reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks; misleading information regarding the origin of the content; or a discussion of ShuGr Media policies or services. Please refer to the forum guidelines for writing and posting member reviews. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF CONTENT AND SERVICES. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE SHUGR MEDIA SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.

If you no longer wish to have your reviews publicly posted, you may delete them by going into the respective forum. Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The forum feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

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  • Passwords

The member who created the ShuGr Media account is referred to here as the Account Owner. The Account Owner has access and control over the ShuGr Media account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.

BY SHARING THE SHUGR MEDIA SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

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  • Parental Controls

Account Owners who wish to limit the maturity level of content viewable via the ShuGr Media service should not use our service. We are actively working to implement features which allow for parental control limitations; however, such features are not currently available via the ShuGr Media service.

Please note however, the ShuGr Media service is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian.

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  • Feeds

Members from certain countries may have access to RSS feeds as a convenient way to pass information about your ShuGr Media account or that is publicly available on the ShuGr Media site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. ShuGr Media may also choose, at any time, to provide feeds in other formats. All use of the RSS and other feeds (“Feeds”), including obtaining a Feed from the ShuGr Media website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for the ShuGr Media Feeds. By using the ShuGr Media Feeds, you agree to be bound by the Terms of Use for ShuGr Media Feeds. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

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Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the ShuGr Media service. These Applications may import data related to your ShuGr Media account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and ShuGr Media is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY SHUGR MEDIA AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use ShuGr Media trademarks. Unless otherwise noted by ShuGr Media on the ShuGr Media website, ShuGr Media is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your ShuGr Media account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your ShuGr Media account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ShuGr Media has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold ShuGr Media harmless for the sharing of information relating to your ShuGr Media account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your ShuGr Media account information with, through or by any other means identified on an Application. In addition, the Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your ShuGr Media account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not ShuGr Media, unless otherwise indicated by ShuGr Media. SHUGR MEDIA DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

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Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the ShuGr Media service, ShuGr Media implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the ShuGr Media service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may access the ShuGr Media service through your account and may be able to access certain of your account information.

If you find that you’re a victim of identity theft and it involves a ShuGr Media account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ShuGr Media website and not through a hyperlink in an email or any other electronic communication, even if it looks official. ShuGr Media reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. ShuGr Media is not obligated to credit or discount a membership for holds placed on the account by either a representative of ShuGr Media or by the automated processes of ShuGr Media.

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Disclaimers of Warranties and Limitations on Liability

THE SHUGR MEDIA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SHUGR MEDIA SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SHUGR MEDIA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. SHUGR MEDIA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SHUGR MEDIA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SHUGR MEDIA MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SHUGR MEDIA SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. SHUGR MEDIA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SHUGR MEDIA SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the ShuGr Media service or on the ShuGr Media website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the ShuGr Media service and/or website or user interfaces, (iv) delivery and or display of any content contained on the ShuGr Media website, user interfaces, or otherwise through the ShuGr Media service; and (vii) any losses or damages arising from the use of the content provided on the ShuGr Media website, user interfaces, or otherwise through the ShuGr Media service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, optical media discs or any conduct by users of the ShuGr Media service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content from the ShuGr Media service or the descriptions of any content contained on our website and user interfaces. We do not represent or guarantee that your use of the ShuGr Media service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon ShuGr Media or its affiliated parties.

IN NO EVENT SHALL SHUGR MEDIA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SHUGR MEDIA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SHUGR MEDIA SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SHUGR MEDIA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

SHUGR MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the ShuGr Media End User License Agreement.

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Intellectual Property

  • Copyright

The ShuGr Media service, including all content included on the ShuGr Media website and user interfaces, or delivered to members as part of the service, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of ShuGr Media or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by ShuGr Media on our website and user interfaces, or in connection with the ShuGr Media service are the exclusive property of ShuGr Media and its licensors and are protected by the copyright and trade secret laws in the territories in which the ShuGr Media service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from ShuGr Media or its licensors. You agree to adhere to the restrictions set forth under “ShuGr Media software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the ShuGr Media service, not to insert any code or product or manipulate the content of the ShuGr Media service in any way, and not to use any data mining, data gathering or extraction method. ShuGr Media reserves the right to terminate your membership hereunder if ShuGr Media, in its sole and absolute discretion, believes that you are in violation of ShuGr Media software restrictions or other unauthorized copying or use of our proprietary content in violation of the copyrights of ShuGr Media and its licensors. The use of the ShuGr Media service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the ShuGr Media service, including any on the ShuGr Media website and user interfaces.

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  • Trademarks

ShuGr Media is a registered trademark of ShuGr Media. The ShuGr Media logo, shugrmedia.com, and Movie Premier are trademarks or service marks of ShuGr Media. The ShuGr Media website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of ShuGr Media. The trademarks, service marks and trade dress of ShuGr Media may not be used or reproduced without prior written approval from ShuGr Media and may not be used in connection with any product or service that is not affiliated with ShuGr Media, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of ShuGr Media, or in any manner that disparages or discredits ShuGr Media. Other trademarks that appear on the ShuGr Media website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ShuGr Media. Any images of persons or personalities contained on the ShuGr Media website and user interfaces are not an indication or endorsement of ShuGr Media or any particular product or our service unless otherwise indicated.

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Service Content

We distribute metadata regarding movies, television, and other audio visual entertainment and we reserve the right to display and promote information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the ShuGr Media service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the ShuGr Media service are those of the respective authors or producers and not of ShuGr Media, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall ShuGr Media, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the ShuGr Media service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the ShuGr Media service.

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Use of Information Submitted

ShuGr Media is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the ShuGr Media service, including the ShuGr Media website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ShuGr Media service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note ShuGr Media does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to ShuGr Media. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ShuGr Media and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

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Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time by sending email to info@shugrmedia.com or using the ShuGr Media forums. ShuGr Media does not provide phone support for service, content, or user interfaces.

The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service.

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Your Conduct in Accessing the Service

By accessing the ShuGr Media service, including the ShuGr Media website and user interfaces, you agree to use the ShuGr Media service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ShuGr Media service. You also agree not to impersonate any other person while using the ShuGr Media service, conduct yourself in a vulgar or offensive manner while using the ShuGr Media service, or use the ShuGr Media service for any unlawful purpose.

You agree that all of the foregoing restrictions apply not only to the ShuGr Media service, but also to the servers and networks connected to any portions of the ShuGr Media service whether operated by ShuGr Media or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.

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Limitations on Use

You must be 18 years of age or older to become a member of the ShuGr Media service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While ShuGr Media does distribute products that may be watched by children, the ShuGr Media service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the ShuGr Media service, and any content viewed through or provided by our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the ShuGr Media service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the ShuGr Media service, without our express written consent. ShuGr Media does not promote, foster or condone the copying of digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ShuGr Media without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the ShuGr Media name or trademarks without our express written consent. Any unauthorized use of the ShuGr Media service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

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Links and Pages

Some of the hyperlinks on the ShuGr Media website may lead to other websites or other content that are not controlled by, or affiliated with, ShuGr Media. In addition, other websites may link to the ShuGr Media website or ShuGr Media may include links to the websites of businesses, including those that have associations with us through certain programs. ShuGr Media has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that ShuGr Media is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. You should also refer to the section of these terms titled “Applications” and “How Our Service Works”.

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Claims of Copyright Infringement

It is the policy of ShuGr Media to respect the intellectual property rights of others. ShuGr Media does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the ShuGr Media service, please notify us by emailing us at legal@shugrmedia.com.

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Arbitration Agreement

At ShuGr Media, we expect that our world-class will be able to resolve most issues you may have using the ShuGr Media service. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and ShuGr Media agree to the following resolution process.

To begin with, you agree that that any claim that you might have against us regarding these Terms of Use, the ShuGr Media service, or any ShuGr Media user interface must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules. It’s important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, ShuGr Media is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

Because we prefer to resolve our issues with you directly, you agree to arbitrate with ShuGr Media only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

Rather than force everyone to visit us, if you can demonstrate that arbitration in North Carolina would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Wake County, North Carolina.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against ShuGr Media, we will not reimburse your attorneys’ fees and costs.

If you’re not sure what all of this means, of course please feel free to ask an attorney.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with ShuGr Media for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: concerns@shugrmedia.com.

Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and ShuGr Media agree on the process described in this section.

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Effective Date: January 1, 2013