Terms of Use

TERMS OF USE

EFFECTIVE DATE: NOVEMBER 1, 2016

Welcome to Brown Sugar! The Brown Sugar Service is a subscription offering of Brown Sugar, LLC ("Brown Sugar, LLC"). Please read these Terms of Use carefully. The terms and conditions set forth in these Terms of Use ("Terms of Use") govern your use of the Brown Sugar Service and affect your legal rights.

These Terms of Use include hyperlinks that may not be accessible from some devices. To access the hyperlinks, you may need to visit the Brown Sugar Service website, brownsugar.com, using a computer.

1. THE BROWN SUGAR SERVICE

The Brown Sugar Service provides its Subscribers (as defined below) with access to movies, television shows and other content (collectively, "Content") streamed over the internet to internet-connected televisions, computers, mobile phones, tablets and other devices.

As used in these Terms of Use, the terms "Brown Sugar Service" and the "Service" mean the Brown Sugar-branded service offered by Brown Sugar, LLC for viewing Content, including all websites, mobile applications, other Access Points (as defined below), as well as all features, functionalities, content and software associated with the Service. "Access Points" means the brownsugar.com website (the "Brown Sugar Site"), applications, and other places where the Service is available. The terms "we," "our," and "us" in these Terms of Use, mean Brown Sugar, LLC, and its parent and affiliated companies, and the terms "you" and "your," mean you, the end user of the Service.

If you have questions about your Brown Sugar subscription account, you can visit the FAQ (Frequently Asked Questions) link on the Brown Sugar Site. The FAQ section also includes information on how to contact our Customer Service for assistance.

2. ACCEPTANCE OF TERMS OF USE

Use of the Brown Sugar Service, including any Access Point and the Brown Sugar Site, is subject to your compliance with these Terms of Use. The Terms of Use incorporate, by this reference, our Privacy Policy, available at info.brownsugar.com/privacy-policy ("Privacy Policy"), and any end user license agreement ("EULA") that might accompany particular software, features, or functionalities of the Service.

By visiting any Access Point or otherwise using the Brown Sugar Service, you are agreeing to these Terms of Use, including our Privacy Policy and any applicable EULA. If you do not agree with the Terms of Use, or any part of them, do not use the Brown Sugar Service.

BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED BELOW

3. EFFECTIVE DATE AND CHANGES TO TERMS OF USE

These Terms of Use are effective as of the Effective Date stated above. If you have not reviewed the Terms of Use since the Effective Date, please review the updated Terms of Use carefully before using the Service. We update these Terms of Use from time to time, so please check back frequently. If you continue to use the Service after we change the Terms of Use, you accept all changes. Material changes to these Terms of Use are effective one calendar month after posting unless otherwise specified, provided that with respect to non-Subscribers they are effective immediately upon posting. If you do not agree with any changes to the Terms of Use, your sole remedy is not to use the Service. As used herein, "Terms of Use" means the then-current version of them.

4. PRIVACY

We respect your privacy. Our Privacy Policy, available at info.brownsugar.com/privacy-policy, describes ways information about you is collected and used by the Service. Please review our Privacy Policy carefully. Our Privacy Policy is incorporated by reference into these Terms of Use and constitutes a material component of these Terms of Use.

5. COMMUNICATIONS

By enrolling as a Subscriber (defined below) to the Brown Sugar Service, you consent to receiving electronic communications from us relating to your Subscription. These communications may include emails sent to the email address you provided during enrollment (which must be a valid email address and maintained throughout your Subscription or so that email sent to the email address associated with your Subscription reaches you), and communications posted on the Service or in your "My Account" page. Communications may include notices about such matters as a change in password or payment method, payment authorizations, authorized devices and other transactional information. You consent to receive any notices, agreements, disclosures or other communications electronically in satisfaction of any legal communication requirements, including any requirement that such communications be in writing. You should maintain copies of electronic communications by saving an electronic copy or printing a paper copy. You also consent to receive non-transactional communications from us, such as emails about new Service features and Content, special offers, promotional announcements and customer surveys.

If you have signed up to receive our marketing emails and prefer not to receive additional marketing information from the Brown Sugar Service, you can either follow the "unsubscribe" instructions provided on any marketing email you receive from the Service or you can go to the "My Account" page on the Brown Sugar Site and uncheck the box indicating that you wish to receive marketing information. (To access the "My Account" page, click on the icon that looks like a person located at the top right corner of the home page of the Brown Sugar Site.) If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying "STOP" to the received text message.

6. ACCESS TO THE SERVICE AND CONTENT

a. Subscription. To view Content on the Brown Sugar Service, you must be a Subscriber. As used in these Terms of Use, "Subscriber" means someone with authorized access to the Service and "Subscription" means the right to access the Service. The process for becoming a Subscriber is explained below.

b. Age Limitations. You must be of legal age of majority in your jurisdiction of residence and at least the 18 years old to become a Subscriber of the Brown Sugar Service. If you are younger, you may utilize the Service only under the Subscription of, and with consent of, your parent or legal guardian, including consent to these Terms of Use on your behalf and consent to view the specific Content you access. You acknowledge that some may consider certain Content on the Brown Sugar Service to be unsuitable for individuals under the age of 18.

c. Access Limited to United States. You must be a resident of the United States (or one of its territories or possessions) to become a Subscriber to the Brown Sugar Service and you may only access the Content in the United States, its territories or possessions.

d. Additional Subscription Requirements. Subscription is available only to individual, natural persons. You agree not to impersonate any person or entity or misrepresent your identity, including using another person�s username, password or other Subscription information. You are responsible for all hardware, software, service and other costs you incur to access the Service and enjoy your Subscription. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Service, including without limitation the cost of your device, any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. As part of the Subscription enrollment process, you must create a password ("Password"). You are responsible for maintaining the confidentiality of your Password and must not disclose your Password to any third party or allow anyone to use your Password to access the Service or otherwise use your Subscription, except for a minor of whom you are parent or guardian, on whose behalf you accept these Terms of Use and whose Content you monitor and deem suitable for such minor. The number of devices on which you can simultaneously access the Service is limited. You will not attempt to exceed the scope of your Subscription or gain unauthorized access to the Service. We may use technology to recognize you as the Subscriber using the Service. The Service is for your personal, non-commercial use. You agree not to use the Service for any public exhibition or performance of the Content and agree not to use it for any commercial endeavor of any sort. You are responsible and liable for all activities conducted through your Subscription, regardless of who conducts those activities. It is prohibited to obtain, attempt to obtain, use, or attempt to use anyone else�s password.

e. Changes. We reserve the right to make changes to the Brown Sugar Service at any time, including our Content offerings, Subscription plans, supported devices and any other Service feature or aspect of the way we operate. The sound and visual quality of the Content may vary. We intend to continuously improve the Service. You agree that we can use any feedback you provide, without compensation, notification or approval.

7. SUBSCRIPTIONS, FREE TRIALS, BILLING, CANCELLATION

a. Becoming a Subscriber. To become a Subscriber of the Brown Sugar Service, you must have Internet access and a current, valid, accepted method of payment (as updated from time to time, your "Payment Method"), such as a credit card, the Apple iTunes Store, or Google Wallet. You agree to provide true and accurate information when enrolling as a Subscriber. We may validate your Payment Method by processing an authorization hold, up to an amount equivalent to a month of Subscription, which may reduce your available credit. Your Brown Sugar Subscription may start with a Free Trial (as defined below). Following any Free Trial, a monthly membership fee must be paid in order for you to have access to the Service ("Subscription Fee"). To retain your Subscription, your Payment Method will be charged the Subscription Fee, on a monthly basis, in advance of each month of access. Your Subscription will automatically renew and continue month-to-month, and your Payment Method will be charged, unless you cancel your Subscription or we terminate it. You must cancel your Subscription before the monthly renewal to avoid paying the next month's Subscription Fee. Where a tax is charged on the Service, all references to Subscription Fee in these Terms of Use will include such tax. References to "Subscription Fee" in advertising and promotion for the Service refer to the base fee, excluding any required tax.

b. Different Types of Subscriptions. We may offer different types of Subscriptions, which may include special promotional plans or accounts with differing conditions and limitations. Some promotional Subscriptions may be offered by third parties that also provide 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 Subscription plans.

c. Free Trials

i. As used in these Terms of Use, "Free Trial" means a limited period of time during which you will be able to access the Brown Sugar Service with no charge to your Payment Method. Unless otherwise specified during the Subscription enrollment process, Free Trials are for one calendar month. In other words, a Free Trial will end on the same date in the next calendar month as the date on which you subscribed to the Service via the Free Trial. For example, if you subscribe to the Service via a Free Trial on November 16, your Free Trial will end on December 16. If you subscribe to the Service via a Free Trial on a date that does not occur in the next calendar month, then the Free Trial will end on the last day of the following calendar month. For example, if you subscribe on January 31, then the Free Trial will end on the last day of February. A Free Trial may not be combined with other offers and is limited to new and certain former Subscribers only. Other restrictions may apply. We reserve the right, in our absolute discretion, to determine your eligibility for a Free Trial.

ii. By using the Service following the end of your Free Trial, you authorize your Subscription Fee to be charged to your Payment Method each month until you cancel your Subscription. Your Subscription Fee will be charged to your Payment Method on a monthly basis until you cancel your Subscription or we terminate it.

iii. You will not receive a notice that your Free Trial has ended or that your paying Subscription has begun. TO FIND CANCELLATION INSTRUCTIONS, CLICK THE "MY ACCOUNT" ICON (the icon that looks like a person) AT THE TOP OF THE HOME PAGE ON THE BROWN SUGAR SITE (www.brownsugar.com). If you signed up for the Brown Sugar Service using an account with a third party as a Payment Method, you may need to do so through such third party to cancel your Brown Sugar Subscription.

d. Billing

i. Recurring Billing. By enrolling as a Brown Sugar Subscriber and providing or designating a Payment Method, you authorize a charge to be made to your Payment Method for the monthly Subscription Fee at the then-current rate, as well as any other charges you may incur in connection with your use of the Service. You acknowledge that the amount charged may vary from month to month for various reasons, including promotional offers, gift card redemption, promotional code redemption, and/or changing or adding a plan. You authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

ii. Price Changes. We reserve the right to adjust pricing for the Service or any components of the Service at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to our Service will take effect at the beginning of the billing cycle following notice emailed to you at the email address you provided during Subscription enrollment, or the updated email address if subsequently provided.

iii. Billing Cycle. The Subscription Fee for the Service will be charged to your Payment Method at the beginning of your Subscription, following any Free Trial, and will continue each month thereafter unless and until you cancel your Subscription. Your Payment Method will automatically be charged each calendar month on or about the calendar date on which your paid Subscription begins. However, we reserve the right to change this timing for any other reason. We may authorize your Payment Method in anticipation of membership or service-related charges.

iv. Payment Methods and Other Account Information. If you signed up for the Brown Sugar Service using a third-party account, such as the iTunes Store or Google Wallet, you may need to go through that third-party account to change your method of payment and other Subscription account information, such as your email address and Password. If you signed up for the Brown Sugar Service on the Brown Sugar Site and wish to change your credit card, other payment method, or your email address, you can cancel your Subscription (see "Cancellation" below) and begin a new Subscription using the new information. Alternatively, if the credit card you used as your Payment Method was cancelled and a new card was issued to you, you can wait until your Subscription term has expired and renew the Subscription using the new card. Either method may result in a change to the monthly date your Subscription Fee is charged to your Payment Method. To change your Password, you can use the "Forgot Your Password" link on the sign-in page.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method information or cancel your account (see "Cancellation" below), you remain responsible for any uncollected amounts and authorize continued billing to your Payment Method, as it may be updated. This may result in a change to the monthly date your Subscription Fee is charged to your Payment Method.

v. Cancellation. If you signed up for the Brown Sugar Service using an account with a third party as a Payment Method and wish to cancel your Brown Sugar Subscription, you may need to do so through such third party, which may require visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Brown Sugar Service through that third party. You may also be able to access your account with the applicable third party to find billing information about your Brown Sugar Subscription. If you signed up for the Brown Sugar Service on the Brown Sugar Site, you may cancel your Brown Sugar Subscription by going to the "My Account" page on the Brown Sugar Site and following the instructions for cancellation. (To go to the "My Account" page, click on the icon that looks like a person at the top right corner of the home page of the Brown Sugar Site.) After cancellation, you will continue to have access to the Brown Sugar Service through the end of your then-current Subscription month. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTIONS.

vi. Credits. At any time, and for any reason, we may provide a refund, discount, or other consideration ("Credits") to some or all of our Subscribers. The amount and form of any Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

8. Proprietary Rights

We respect the intellectual property rights of others and we expect you to do the same. You agree that the Brown Sugar Service, including the Access Points and the Brown Sugar Site, and all features and elements thereof (including without limitation, the Content and Software (as defined and discussed below), and other software used to implement the Service) (collectively, "Materials") are proprietary information and materials that are owned by Brown Sugar, LLC, its licensors, and other sources. The Materials are protected by applicable U.S. and international intellectual property and other laws, including but not limited to copyright, trademark and patent laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or used in any manner, except as expressly permitted by these Terms of Use. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of the copyright, trademark and other proprietary rights of Brown Sugar, LLC or other sources. You understand and agree that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or otherwise derive code from any information accessible through the Site or the Service, whether encrypted or not, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. You also agree to abide by all more restrictive copyright notices, information and restrictions included in any Materials.

9. Promotional Material and Advertising

The Service may include promotional material and advertisements for products and services offered by third parties not affiliated with us. By using the Service, you acknowledge and agree that such content, promotional materials and advertising may be displayed. You understand and agree that by clicking on banner advertisements or links from our advertisers or sponsors (collectively, "Advertisers"), you may be taken to other sites, which are not operated by us or under our control. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from our Advertisers. Your correspondence, business dealings with, and participation in any promotions of, Advertisers are solely between you and such Advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Service.

10. Linked Sites

a. The Access Points may sometimes contain links to third-party Web sites ("Linked Site(s)"). The appearance of a Linked Site on any Access Point does not constitute endorsement by us (or any related entity) of the opinions or views expressed by these Linked Sites. We do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in any Linked Site, nor are we responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by any Linked Site or for the collection or use of your personal information by any Linked Site. We are not responsible for any errors or omissions or for the results obtained from use of any information contained in any Linked Site. Under no circumstances will we be liable for any direct, indirect, incidental or consequential loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any Linked Site.

b. You may link to the Brown Sugar Service, provided that the link does not state or imply our sponsorship or endorsement of you, your products/services or Web site. You may not use on your Web site (or otherwise) any logos, trademarks, service marks, characters or other copyrighted materials appearing on the Service, without our express written consent or written consent from the applicable owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the Content or other Materials on the Service without our prior written consent.

11. Copyrights and Copyright Agent

a. We respect the rights of all copyright holders. Accordingly, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Subscribers who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works and their locations; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact the complaining party; (5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. For copyright inquiries under the DMCA please contact:

Brown Sugar, LLC

Attn: Brown Sugar Copyright Agent

2870 Peachtree Road #334

Atlanta, Georgia 30305

copyrightagent@brownsugar.com

Telephone: 470-355-8718

Facsimile: 770-485-4600

c. Upon our Copyright Agent�s receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or "take down" the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA. IF WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.

d. Please do not contact our DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement.

12. Software

a. As part of the Service, Brown Sugar, LLC may make available to you, for download, installation and/or use in accordance with and subject to these Terms of Use, certain software programs designed to provide access to, implement or enhance your enjoyment of the Service (collectively, the "Software"). The "Software" includes all associated data, content and documentation. The Software is licensed, not sold, to you. We do not transfer title to the Software to you.

b. You acknowledge and agree that, as between you and us, we are the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the Software, express or implied, beyond those granted specifically in these Terms of Use. We may provide updates, patches, upgrades, and enhancements to the Software from time to time in our discretion. However, neither these Terms of Use nor your Subscription entitle you to any subsequent releases of any Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you.

c. Subject to these Terms of Use, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license during the Term to use the Software solely in connection with accessing the Service to view the Content. You may not copy (except to install one backup/archival copy on your fixed drive or storage device), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display or sublicense the Software. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. The Software may contain license management technology, the circumvention or disabling of which is prohibited.

d. For the purposes of updating, patching or otherwise modifying the Software, you hereby grant us permission to (a) extract hardware system profile data from your computer or other Access Point; (b) extract information from your computer�s or other Access Point�s file directories pertaining to the Software and your ability to access the Services; and (c) download applicable Software to your computer and/or other Access Points.

13. Rules of Conduct

In connection with your use of the Service, you agree to adhere to all of the following rules of conduct:

a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

b. We reserve the right, without obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Service, suspending or terminating the Subscription of such violators and/or suspending or terminating their right to use and access the Service.

c. You may not use any of your own or any third-party software to modify the Service or create any other means through which the Service may be accessed or used by others, for example, through server emulators, whether for profit or not.

d. You may use the Service only in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized use of the Service, including without limitation, collecting usernames or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service, are not permitted. This prohibition on illegal or unauthorized use of the Service includes the unauthorized interception of the data stream coming from or going into the Service, as well as attempting to gain unauthorized access to the Service and exceeding your authorized access.

14. End User Content

a. The Service may, when launched or in the future, afford you and other Subscribers the means to communicate and share with us, other Subscribers and/or the community, messages, notes, comments, opinions, ideas, photos, drawings, images, videos, profiles, artwork, audiovisual works, musical compositions, lyrics, sound recordings, or other materials or information (collectively, "End User Content"). You agree that you are responsible for your End User Content, that you have the right to post any End User Content that you share or communicate through the Service, and that it does not and will not: (i) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (ii) violate any law, rule or regulation; (iii) be defamatory, indecent, obscene, pornographic, harmful to minors, hateful, harassing or otherwise inconsistent with these Terms of Use; (iv) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or (v) contain any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any Content, Materials, data, personally identifiable information or anything else related to the Service. You agree that we may review, edit and delete any End User Content for any reason, including, in our sole judgment, that the End User Content violates these Terms of Use. Further, you acknowledge and agree that we may take any action we deem appropriate as to any of your End User Content, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the Service. We do not undertake any obligation to remove any End User Content for any reason.

b. You hereby grant to us, our licensees, distributors, agents, representatives and other authorized users, a perpetual, worldwide, irrevocable, assignable, fully-paid, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your End User Content, including the right to exploit your End User Content by any means, including by creating derivative works of your End User Content or for purposes of advertising and promotion, in any medium now known or hereafter developed, without compensation, notice or approval.

c. We reserve the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C. � 512(c)) concerning the removal of copyrighted or trademarked materials from the Service. End User Content posted in public areas of the Service does not necessarily reflect our views. In no event will we assume or have any responsibility or liability for any End User Content posted or for any claims, damages or losses resulting from use of End User Content and/or appearance of End User Content on the Service.

d. If we choose not to take any action with respect to End User Content or any Subscriber, or we take an action with which you do not agree, in no event will we be liable to you or any third party for any incidental or consequential damages (however arising, including negligence) or emotional distress arising out of or in connection with your Subscription or your use of the Service, even if we have knowledge of the possibility of such damages. Our total liability to you or any third parties will be limited to a maximum aggregate amount of $100. This disclaimer is independent of any other limitation on remedies set forth in these Terms of Use.

15. Unsolicited Creative Submissions/ Communications

Please do not send any unsolicited submissions to us. We do not accept or consider unsolicited submissions of any kind (including, but not limited to, scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, videos, musical compositions, lyrics, sound recordings, or any other materials) in any format, by any means of transmission (including email). Any such unsolicited submissions are discarded, deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission).

16. Disclaimers

PLEASE READ THIS SECTION CAREFULLY � IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

a. THE SERVICE HAS BEEN CREATED FOR ENTERTAINMENT PURPOSES ONLY. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE MATERIALS, INCLUDING THE SERVICE, SOFTWARE, ACCESS POINTS, CONTENT AND EVERYTHING ELSE AVAILABLE IN CONNECTION WITH OR RELATED TO THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IF YOU ARE DISSATISFIED IN ANY WAY, WITH ANYTHING RELATED TO THE SERVICE, INCLUDING WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ANY SUBSCRIPTION AND NOT USE THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE, BROWN SUGAR LLC, AND ITS PRESENT AND FUTURE RELATED AND AFFILIATED COMPANIES (COLLECTIVELY, "THE BROWN SUGAR PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE BROWN SUGAR PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BROWN SUGAR PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SOFTWARE, ACCESS POINT, CONTENT, INFORMATION OR OTHER MATERIAL ASSOCIATED WITH THE SERVICE IN TERMS OF ITS AVAILABILITY, RELIABILITY, CORRECTNESS OR OTHERWISE, INCLUDING THAT YOUR USE OF THE FOREGOING WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND THE BROWN SUGAR PARTIES EXPRESSLY DISCLAIM LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS.

b. THE BROWN SUGAR PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBERS OR OTHER USERS OF THE SERVICE. THE BROWN SUGAR PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, END USER CONTENT, SUBSCRIBER OR OTHER USER COMMUNICATIONS. THE BROWN SUGAR PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF INTERNET SERVICE, ANY TELEPHONE NETWORK OR LINE, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT OR SOFTWARE; OR FOR FAILURE OF SERVICE ACCESS, EMAIL OR OTHER COMMUNICATIONS, ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, ACCESS POINT OR ON THE SERVICE OR ANY COMBINATION THEREOF; INCLUDING INJURY OR DAMAGE TO SUBSCRIBERS�, OTHER USERS� OR TO ANY OTHER PERSON�S COMPUTER OR OTHER DEVICE, RELATED TO OR RESULTING FROM OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCE WILL THE BROWN SUGAR PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE�S USE OF THE SERVICE, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO SUBSCRIBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN SUBSCRIBERS OR OTHER USERS OF THE SERVICE, WHETHER THROUGH THE SERVICE OR NOT AND WHETHER ONLINE OR OFFLINE. THE BROWN SUGAR PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.

c. THE BROWN SUGAR PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC DEVICE, COMPUTER EQUIPMENT, OR PLATFORM OR WITH ANY SPECIFIC SOFTWARE. THE BROWN SUGAR PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICE OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICE.

d. THERE MAY BE, FROM TIME TO TIME, FAILURES OF ACCESS TO THE SERVICE, CONSISTENT WITH ORDINARY STANDARDS FOR SIMILAR SERVICES, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND THE BROWN SUGAR PARTIES� REASONABLE ABILITY TO CONTROL, AND THE BROWN SUGAR PARTIES WILL NOT BE LIABLE FOR BREACH OF WARRANTY OF THESE TERMS OF USE IN SUCH EVENTS.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

17. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY � IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

a. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE BROWN SUGAR PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSE OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE BROWN SUGAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE BROWN SUGAR PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SUBSCRIBER OR OTHER USER OF THE SERVICE OR ANY OTHER THIRD PARTY.

b. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

18. U.S. Export Controls

The Software may be subject to United States export control laws and regulations and economic sanction requirements. You agree to comply with all applicable laws, regulations and requirements regarding software and the transmission of technical data exported from the United States or the country in which you reside. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Governing Law

a. The Service is presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories or possessions. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Service will be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

b. The Service is controlled and operated by Brown Sugar, LLC from its offices within the United States. You understand and consent that the data submitted on the Service will be transmitted to and processed within the United States. We make no representation that Service is appropriate or available for use in any particular location.

20. Disputes

a. In the event of any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Service (including, but not limited to, provision of content, services, and/or technology on or through the Service, or any Access Point) ("Service Dispute"), you and we both agree to give the other notice of the dispute, claim, or controversy before initiating any action or proceeding. Service Disputes do not include disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets or claims of piracy or unauthorized use of the Service, and this notice requirement and the negotiation period set forth below do not apply to such disputes, claims or controversies.

b. Any notice regarding a Service Dispute must include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any Service Dispute notice to us by email to info@brownsugar.com AND by U.S. Mail to Brown Sugar, LLC, Attn: Brown Sugar Digital Development, 2870 Peachtree Road #334, Atlanta, Georgia 30305. If we have your contact information, we will send any such notice to your email address or by U.S. Mail.

c. You and we both agree to attempt to resolve any Service Dispute through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. You and we both agree to use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, either of us may resort to other alternatives.

d. You and we both agree that any action or proceeding that is initiated as a result of a Service Dispute must be initiated in Atlanta, Georgia. You agree to submit to the personal jurisdiction of any state or federal court in Atlanta, Georgia, to resolve any Service Dispute that is not resolved through the information negotiation process set forth above.

21. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY � IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

a. You and we both agree to resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use, or otherwise in connection with the Service, will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Service.

b. The terms of this provision will also apply to any claims asserted by you against any current or future parent, subsidiary, or affiliated company of Brown Sugar, LLC to the extent that any such claims arise out of your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.

22. Text Message Campaigns

We may offer you the ability to sign up for text messages sent to your mobile device. You acknowledge and agree that if you sign up for and receive these text messages, you are bound by the SMS Text Message Terms, which are incorporated by reference herein, as well as these Terms of Use.

23. Indemnification

You agree, to the fullest extent permitted by law, to indemnify, defend (at our election) and hold harmless Brown Sugar, LLC, its parents, subsidiaries and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys� fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms of Use, your use of the Service, or your Subscription. We reserve the right, without obligation, to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will, at your sole expense, fully cooperate with us in asserting any available defenses.

24. Third Party Platforms

a. Access Points may include third party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can access the Service (collectively, "Third Party Platforms"). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third Party Platforms.

b. Downloadable applications (commonly referred to as "apps") made available to you through Third Party Platforms constitute "Software" under these Terms of Use. Apps are licensed, not sold, to you, and are further subject to the terms and conditions, end user license agreement, privacy policy, and other agreements you agree to as part of your license of the app from the applicable Third Party Platform. Certain Apps may include functionality that enables you to receive additional services or licenses to additional functionality or content (commonly referred to as "in-app purchases") for use within the app. In-app purchases cannot be transferred among devices, can be downloaded only once, and after being downloaded, cannot be replaced.

c. The following additional terms and conditions apply with respect to our apps designed for use on an Apple iOS-powered mobile device ("iOS Apps"). You and we acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, Inc. ("Apple"). You agree that your license to use iOS Apps provided in connection with the Service is limited to Apple devices that you own or control and that your use of our iOS Apps will be subject to the usage rules set forth in Apple�s then-current App Store Terms of Service. You and we agree that Apple will have no obligation to provide maintenance and support services with respect to our iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Apps. You agree that we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Any inquiries with respect to an iOS App may be directed to us as follows:

brownsugar-apps@brownsugar.com or to Brown Sugar, LLC, Attn: Digital Development, 2870 Peachtree Road #334, Atlanta, Georgia 30305.

You agree to comply with all applicable third party terms of agreement when using our iOS App. You agree that Apple is a third-party beneficiary to these Terms of Use applicable to our iOS Apps. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.

25. Other

We strive to display accurate information regarding the Service, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing, Content and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Subscriptions arising from such occurrences. These Terms of Use (including the terms and conditions specifically referenced herein, such as our Privacy Policy and SMS Text Message Terms), accepted by your use of the Service or any Access Point, and further affirmed by your Subscription, including via a Free Trial, contain the entire agreement between you and Brown Sugar, LLC regarding the use of the Service and supersede all prior understandings related to the Site and Service. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect. Supplemental terms and conditions may apply to some of the features of the Service or Access Points. Those supplemental terms and conditions will be disclosed to you in connection with the particular feature or Access Point and are in addition to, and not in place of, these Terms of Use. In the event of any conflict between those supplemental terms and these Terms of Use, those supplemental terms will prevail to the extent of the conflict.

These Terms of Use were last updated and posted on or about November 1, 2016.