Date of Last Revision: August 16, 2016
1.1. “Website” means www.mintedbaby.com and its related subdomains.
1.2. “Service” means MB’s products, software, offerings, servers, and/or Website.
1.3. “Agreement” means this document, as revised and as accepted by you, including each document incorporated herein by reference.
1.4. “Sugar Baby” means a natural person who has completed the registration form on the Website, selected the role of “Sugar Baby” therein, clicked “I Agree to the Sugar Baby Terms,” and then used MB’s Service in any capacity.
1.5. Messages means, as describe in the General Terms, communications facilitated by our Service between Registered Users.
1.6. “Basic Account” means full use of the Service, including up to one hundred twenty-five (125) outgoing Messages per calendar day.
1.7. “Premium Account” means full use of the Service, including up to one hundred twenty-five (125) outgoing Messages per calendar day, as well as the ability to see when outgoing Messages are read by their respective recipients, and the ability to “hide” all activities performed using the Premium Account such that no other User of the Service can view said activities.
1.8. “Premium Subscription Period” means the time period for which a Premium Account has been paid for.
1.9. “Return” refers to you logging into your Account after previously cancelling your Account.
2.1. This Agreement controls the legal relationship between MB, as defined in the Service’s general terms (“General Terms”) and you as a Sugar Baby.
2.2. This Agreement incorporates the Service’s General Terms by reference, including definitions used therein. This Agreement shall control if there is a conflict between this Agreement and the General Terms.
2.3. Your use of the Service as a Sugar Baby is expressly conditioned upon your acceptance of this Agreement. If you do not accept this Agreement, or any provision of it, you must immediately cease using the Service as a Sugar Baby.
3. Acceptance and Modifications
3.1. MB reserves the right to change or revise this Agreement at any time by posting a notification on our Website. MB will also indicate changes to this Agreement by posting the “last revised date” preceding the first paragraph of this Agreement. MB, at its sole discretion, may provide a Sugar Baby notification via other mechanisms, but is not required to do so.
3.2. You are required to affirmatively accept this Agreement when becoming a Sugar Baby by reading this Agreement and clicking “I Agree.” This Agreement may be revised from time to time. When this Agreement is revised, said revision will be posted on the Website with the “last revised date” above the first paragraph of this Agreement updated accordingly. At that time, you, as a Sugar Baby, are required to affirmatively accept the revision by clicking “I Agree.” MB maintains a record of acceptance for each version of this Agreement that a Sugar Baby accepts, including the version of this Agreement accepted by you whenever you click “I Agree.”
4. Account Registration
4.1. As a Sugar Baby you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service and you agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.
4.2. As a Sugar Baby, you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact that MB may, for technical or other reasons, assist you in making changes to your Account at your direct request, after proper authentication. Sugar Babies may not assign, transfer, sell, or otherwise alienate their Account to any individual or entity in any manner.
4.3. Registration on our Service requires you to establish security credentials that allow you to access your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should MB deem them necessary to protect the integrity of the Service. You agree that you are responsible for maintaining the confidentiality of said credentials. You acknowledge that MB is not responsible or liable for any third party access to your Account through theft or misappropriation of your credentials. You further agree that you are solely responsible for all activities performed by your Account, including but not limited to, the content of User Content and Transmissions.
5. Accounts and Activities
5.1. Sugar Baby Accounts: Sugar Babies may be of any gender identity and are treated equally by the Service and this Agreement regardless of their gender identity. Sugar Babies are not required to make any payment to MB for a Basic Account. However, at any time, you may choose to upgrade from a Basic Account to a Premium Account at a rate of $XX for one (1) month, $YY for three (3) months, or $ZZ for six (6) months (“Subscription Rates”).
5.2. Account Renewal: If you have chosen a one (1) month Premium Subscription it will be considered a “Rolling Subscription.” That is, once your Premium Subscription Period expires without your cancellation, as described herein, you expressly agree to pay MB for the same Premium Subscription for the next month using the payment information provided by you pursuant to this Agreement at the then current Subscription Rate. If you have chosen a three (3) or six (6) month Premium Subscription, then once the time period expires for which a Premium Account has been paid for in advance, your Premium Account will revert to a Basic Account. For all Premium Subscriptions and Premium Subscription Periods, MB reserves the right to adjust the Subscription Rates at any time, in its sole discretion, effective once any current Premium Subscription Period expires.
5.3. Sugar Baby Activities: Any monies, goods, or services that Sugar Daddies/Mommas provide or purport to provide in the future to Sugar Babies are entirely at the discretion of the Sugar Daddy/Momma. Sugar Babies are solely responsible for the payment of any fees accrued and taxes due to third parties, including but not limited to income tax, relating to their acquisition of any monies, goods, or services from any source, as required by law or other contractual relationships. Beyond your explicit guarantee to MB, provided by your acquiescence to this Agreement, that any and all activities are lawful and do not violate any other provision of this Agreement, MB has no interest in or knowledge of any monies, goods, or services that Sugar Babies may acquire from Sugar Daddies/Mommas, or from any third party, arising from or relating to their use of the Service. If MB does for any reason and by any means become aware of a Sugar Baby soliciting or receiving any monies, goods, or services in violation of law or any provision of this Agreement, MB reserves the right to permanently delete said Sugar Baby’s Account from the Service and pursue all legal recourses and remedies available under applicable law and provided for by this Agreement.
5.4. Fundraising: You may begin and maintain a fundraising campaign (“Campaign”), to which Sugar Daddies/Mommas may contribute monies (“Contributions”), for a purpose of your choice that is lawful and consistent with this Agreement. MB will charge a 28% transaction fee (“Fee”) for each Contribution made to your Campaign. The remainder of Contributions will be paid to you. You explicitly agree to MB’s Fee and to the fact that MB may change the Fee at any time, in its sole discretion, applicable to Contributions made after the Fee is changed. In the event that you or MB cancels your Account, as described herein, any outstanding Contributions, less the Fee, will be remitted to you within thirty (30) days.
6. Billing and Payments
6.1. You acknowledge and agree that all payments made by you to MB must be made in U.S. Dollars (“USD”). You further acknowledge and agree that you are responsible for any and all taxes due from said payments without any reduction of the amounts stated in this Agreement or otherwise charged to you by MB.
6.2. You must provide current, complete, and accurate billing and payment information for your Account. You must promptly update all information to keep your billing and payments current, complete, and accurate, including a change in billing address, card number, or expiration date. You must promptly notify MB if your payment method is canceled (including if your card is lost or stolen), or if you become aware of a potential breach of security, such as an unauthorized disclosure or use of your username or password. If you fail to provide us any of the foregoing information, then you agree that you are responsible for any and all fees accrued. You further authorize MB to obtain updated or replacement billing and payment information, including expiration dates and card numbers, from a credit or debit card issuer.
6.3. You agree that all payments made on or through the Service or Website are final, non-refundable and non-transferable. You agree that, should you have any problems or errors with your payments, such as duplicate billing, you shall contact MB within thirty (30) days of the problem or error “posting” to your Account, to resolve the problem. Your failure to contact MB within that time shall constitute your waiver of any claim against MB and shall release MB from all liability arising from or related to the dispute.
6.4. You agree that you will not challenge or dispute any payment or charge with your financial institution. You agree that you will be responsible for any balance owed to MB, plus any fees charged to MB by its financial institution, if your financial institution initiates a chargeback or other dispute. MB will notify you if you have an outstanding balance owed to MB. You agree to pay MB the full sum of any outstanding balance within thirty (30) days of notification. Any outstanding balance left unpaid after thirty (30) days may be submitted to a collections agency, and you agree that fifty percent (50%) of the outstanding balance or one hundred dollars ($100), will be added to the outstanding balance as a collections fee, whichever is greater.
7.1. You may cancel your Account at any time by following the procedures for termination set forth in the General Terms. If you cancel, your Account will no longer be visible by anyone using the Service in any capacity; however, MB will retain your Account information indefinitely in the event that you decide to Return to the Service in the future. If you wish for your Account information to be permanently deleted, you must provide MB notice to that effect at [email protected]
7.2. If you Return, then your Account will be restored to the state it would have been in if you never cancelled your Account. That is, for example, if you had paid for a Premium Subscription Period of three (3) months on January 1, cancelled on February 1, and Returned on March 1, your Account would be renewed as a Premium Account because your Premium Subscription Period was not set to expire until March 31. In that scenario, your Premium Subscription Period would still expire on March 31. On the other hand, in that example, if you Returned on May 1 instead of March 1, your account would be renewed as a Basic Account because your Premium Subscription Period ended on March 31.
7.3. MB may cancel your Account at any time, with or without reason or notice to you, pursuant to the procedures for termination set forth in the General Terms.