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Updated September 1, 2006 TERMS OF USE By accessing the American Cupcake Website (the “Site”), you agree to be legally bound by the terms and conditions below (the "Terms"). American Cupcake LLC reserves the right to modify or amend this Agreement at any time, for any reason and may from time to time modify or revise the Terms by updating this Web page. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. AMERICAN CUPCAKE LLC EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICAN CUPCAKE LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICAN CUPCAKE LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. CUPCAKE LLC DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AMERICAN CUPCAKE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THIS SITE OR THE SERVICES OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THIS SITE OR THE SERVICES OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material, and text, photographs, illustrations, video, sound and other material contained within American Cupcake email messages (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of American Cupcake LLC. All rights reserved. All logos, taglines, product titles, product descriptions, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of American Cupcake LLC. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of American Cupcake LLC is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for your own use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. In using downloaded materials, copyright and trademark notices shall be displayed and used in the manner shown or specified. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication, or website. American Cupcake LLC shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this Site you do so at your own risk.
YOUR COMMENTS AND SUBMISSIONS
We appreciate your comments, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, "Submissions"). So long as no personally identifiable information is disclosed, American Cupcake LLC is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant American Cupcake LLC and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation to you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that American Cupcake LLC’s use of the Submission will not violate any third party's rights. American Cupcake LLC is under no obligation to use the information submitted.
INDEMNIFICATION
You agree to defend, indemnify and hold American Cupcake LLC, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
MODIFICATIONS TO THE SITE
American Cupcake LLC reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. American Cupcake LLC may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
USER CONDUCT
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
PRIVACY
For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy. Your use of the Site signifies acknowledgment of and agreement to American Cupcake LLC’s Privacy Policy.
GOVERNING LAW
These Terms are governed by and shall be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any controversy or dispute involving American Cupcake LLC from or in any way related to these Terms or your use of the Site shall be heard in the appropriate State or Federal court in San Francisco County, California.
GENERAL PROVISIONS
These Terms constitute a binding agreement between you and American Cupcake LLC, and supercede all prior agreements between the parties regarding the subject matter herein. If any provision of the Terms shall be found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms are effective until terminated by you or American Cupcake LLC, which American Cupcake LLC may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms. If you have any questions or comments about these Terms of Use, please contact us via e-mail at corporate@americancupcake.com |
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