TERMS OF SERVICE SUMMARY
Welcome to our network of cake based websites! These Rules and Regulations are covered, along with additional rules and regulations in the detailed Terms of Service below. This is to notify you that by using CakesDecor.com services and thereby agreeing to the Terms of Service, you agree to the following:
- You will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
- You will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- You agree not to use the service for illegal purposes.
TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
CakesDecor.com, owned and operated by Fresh2Media, is provided to you under the terms and conditions of this Terms of Service (TS) and any operating rules or policies that may be published by CakesDecor.com. The TS comprises the entire agreement between You and CakesDecor.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. The TS may be updated by us from time to time without notice to you. You can review the most current version of the TS at any time here. In addition, when using particular CakesDecor.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TS. By using our services, registering for an account, posting blogs, posting cakes, posting a discussion, participating in an event or otherwise interacting with our Service, you are indicating your agreement to be bound by all of the terms and conditions of the TS.
2. DESCRIPTION OF SERVICE
CakesDecor.com (us, we) currently provides users with access to a wide array of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the service may include certain communications from us, such as announcements and administrative messages, and that these communications are considered part of the membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new properties (sites), shall be subject to the TS. You understand and agree that the Service is provided “AS-IS” and that CakesDecor.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we havve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We are concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
5. MEMBER NAME, PASSWORD AND SECURITY
You will choose a password and member name upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security. CakesDecor.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. YOUR CONDUCT
You understand that all information, text, data, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CakesDecor.com is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CakesDecor.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, email, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
harm minors in any way.
- impersonate any person or entity, including, but not limited to, a CakesDecor.com, official or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
- upload, post, email, transmit or otherwise make available 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.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- intentionally or unintentionally violate any applicable local, state, national or international law.
- “stalk” or otherwise harass another.
- collect or store personal data about other users.
You acknowledge that CakesDecor.com may not pre-screen Content, but that CakesDecor.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CakesDecor.com and its designees shall have the right to remove any Content that violates the TS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CakesDecor.com or submitted to CakesDecor.com, including without limitation information in CakesDecor.com Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that CakesDecor.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CakesDecor.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by CakesDecor.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CakesDecor.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available to the Service, you grant CakesDecor.com the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting CakesDecor.com Services. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CakesDecor.com removes such Content from the Service.
You agree to indemnify and hold CakesDecor.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE
You agree that CakesDecor.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CakesDecor.com reserves the right to log off or remove accounts that are inactive for an post period of time. You further acknowledge that CakesDecor.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
CakesDecor.com may change the terms and conditions of the TS and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof). You can review the most current version of the TS at any time at: LINK. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by You of the TS and its modifications; and (2) agreement by You to abide and be bound by the TS and its modifications; and (3) You agree that CakesDecor.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that CakesDecor.com may, under certain circumstances and without prior notice, immediately terminate your account (or any part thereof) and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) post periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to Cakes, Message Boards, Newsletters, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and© barring further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account. Should you object to any terms and conditions of the TS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (1) discontinue use of the Service. Upon termination of the Service, Your right to use the Service and Software immediately ceases.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CakesDecor.com shall 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CakesDecor.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” & “AS AVAILABLE” BASIS. CAKESDECOR.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CAKESDECOR.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAKESDECOR.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE CTS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE—DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAKESDECOR.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAKESDECOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. However, we reserve the right to modify or discontinue the Service with or without notice to You. The Service may also provide notices of changes to the TS or other matters by displaying notices or links to notices to you generally on the Service.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TS, there shall be no third party beneficiaries to this Agreement.
21. TRADEMARK INFORMATION
CakesDecor.com, CakesDecor.com logos, trademarks and service marks and other CakesDecor.com logos and product and service names are owned by Michal Bulla. Without CakesDecor.com prior permission, you agree not to display or use in any manner, these materials.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send us the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
23. GENERAL INFORMATION
Entire Agreement. The TS constitute the entire agreement between you and CakesDecor.com and govern your use of the Service, superseding any prior agreements between you and CakesDecor.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CakesDecor.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TS and the relationship between you and CakesDecor.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CakesDecor.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, California.
Waiver and Severability of Terms. The failure of CakesDecor.com to exercise or enforce any right or provision of the TS shall not constitute a waiver of such right or provision. If any provision of the TS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your CakesDecor.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TS are for convenience only and have no legal or contractual effect.
Please report any violations of the CTS to Customer Support firstname.lastname@example.org
Sep 28, 2013