INFORMATION WE MAY COLLECT AND HOW WE MAY USE IT
You may choose to provide us with personal information when you visit our Site. If you would prefer that we not collect any personal information from you, please do not provide us with any such information.
USE OF PERSONAL INFORMATION BY SHOOT THE CAKE
Marketing Emails If you so elect, the information you provide may be used by Shoot The Cake to create and deliver to you emails such as our newsletters, surveys or other email messages containing product and event information, tips or promotions (“Emails”). If you do elect to receive these types of communication and later decide that you would no longer like to receive these types of communications, see the “unsubscribe” link on said email.
INFORMATION WE SHARE AND WITH WHOM WE SHARE IT
We will not provide your personal information to third parties for their use in marketing their products or services to you without your consent. In addition, except as described herein, we do not sell, transfer or otherwise disclose personal information about our Site visitors to any third party.
CHILDREN’S PRIVACY (PRIVACY FOR PERSONS UNDER THE AGE OF EIGHTEEN 18)
This Site is not directed to children under the age of eighteen (18) and we do not knowingly collect personal information from children under the age of eighteen (18) on the Site. If we become aware that we have inadvertently received personal information from a visitor under the age of eighteen (18) on the Site, we will delete the information from our records, without notice to the individual we believe to be under the age of eighteen (18).
HOW WE PROTECT PERSONAL INFORMATION
We maintain reasonable safeguards for this Site to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on the site.
OPT-OUT AND MANAGING YOUR PREFERENCES
You may choose whether or not you would like to receive Email from us. You may change your preferences with respect to Email at any time by clicking the “unsubscribe” link at the bottom of each Email you receive from us.
We have taken great measures to ensure that your visit to our Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us by e-mail at email@example.com
Terms and Conditions
PRODUCTS AND SERVICES FOR PERSONAL USE
The products, services and communications available on and provided by the Site, and any samples thereof that we may provide to you, are strictly intended for your personal use only. You may not sell, resell or otherwise transfer any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the exclusive right, without further notice to you, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole opinion and at our complete discretion, may result in the violation of these Terms and Conditions.
The Site makes every effort to attempt to be as accurate as possible when providing descriptions of our products and/or services; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information, services or other content made available on the Site are complete, accurate, current, reliable, or free from error. You accept this possibility unconditionally, and as an inducement for us to supply any and all products and services to you.
All information and content available on the Site as well as its overall look and feel, including but not limited to logos, trademarks, service marks, graphics, text, icons, buttons, images, illustrations, video and audio clips, interactive media, data compilations and software, Site architecture, and the compilation and organization thereof (collectively, the “Content”) is the property of Shoot The Cake, and is protected by United States and international laws, including laws governing copyrights and trademarks and where applicable the laws of the State of New York.
Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be copied, reproduced, used, sold, copied, duplicated, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever, without the express, prior written consent of Shoot The Cake. All requests to copy, reproduce, use, sell, duplicate, re-sell, access, modify or exploit any portion of any Content on this site must be made in writing to dorie@Shoot-The-Cake.com
Shoot The Cake grants you, the user, a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) utilize framing techniques to enclose or capture the Site or any portion thereof; (b) republish, copy, transmit, redistribute, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software bots, robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only, such as a personal web browser bookmark. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, illegal or inappropriate for any person of any age; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive, obscene, or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, and at any time, demand that you remove any link to the Site, and upon receipt of such demand, you shall immediately remove such link and immediately cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy available at law, both civil and criminal, provided by applicable law or these Terms and Conditions.
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall always act in accordance with the laws of the State of New York and of the United States of America, and in good faith. If local custom and industry custom conflict with the laws of the State of New York and/or the United States of America, then the applicable law shall trump local custom and industry custom. Under no circumstances may you make any changes or alterations to the Site or any of its Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be fully liable for all the losses and damages, both civilly and criminally, that this may cause to Shoot The Cake, our affiliates, partners or licensors.
You may choose to create or register for an account at our Site if you are at least eighteen (18) years of age. You may not create or register for an account if you are not at least eighteen (18) years of age. If you are at least eighteen (18) years of age and you do create or register for an account, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, then you represent that you are that person’s agent and/or legal representative, and you represent that you have the complete authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be personally bound to these Terms and Conditions and to accept liability for any and all harm caused by any wrongful or illegal use of the Site or Content resulting from such access or use.
We reserve the exclusive and unconditional right to refuse service and/or terminate accounts at will, at any time, without prior written notice to the account user if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in said person Online’s best interests to do so.
THIRD PARTY LINKS
We are not in any way responsible for the content, terms or conditions of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is done so at your own risk. We are in no way responsible for examining or evaluating any content, terms or conditions of any other websites, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. It is your responsibility to carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit and you do so at your own risk.
FUNCTIONALITY, SPECIAL FEATURES AND EVENTS
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please click here to find out how to notify us of a claimed infringement.
REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN NINETY (90) CALENDAR DAYS AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION ACTUALLY AROSE, PROVIDED THAT YOU FIRST NOTIFY LORI BERKOWITZ IN WRITING OF THE POTENTIAL OF ANY CLAIM WITHIN THIRTY (30) CALENDAR DAYS AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including, but not limited to, reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including, but not limited to, reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to or interaction with the Site shall be submitted to confidential and binding arbitration, and to an Arbitrator of our choice who is associated with (American Arbitration Association), in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, either Federal or State Court, located within the state of New York and you consent to personal and subject matter jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including, and without limitation, by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, terms, understandings, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change through electronic mail or otherwise. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your full and unconditional agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.