AGREEMENT BETWEEN USER AND CAKES.COM

This Web site is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").

PRIVACY POLICY

As a User of Cakes.com and My Cakes, you are in complete control of your celebration planning, online cake and bakery search, and social networking through My Cakes. This includes controlling the use of information you provide to Cakes.com and affiliates.

When you provide information to cakes.com or My Cakes, we use the data you provide during User registration to customize the content of our site to meet your specific needs and to make product improvements.

We do not sell individual customer names or other private profile information to third parties and have no intention of doing so in the future. We do share User information with our partners only for specific and pertinent promotional use but only if our customers have opted to receive such information. As a User of cakes.com you have the option to receive updates from cakes.com about celebration planning, bakery information and information on cakes.  To receive this information you must check the appropriate box in your My Cakes profile.  If you decide you would rather not receive these e-mails, you can always unregister or update your profile.  

We respect and will continue to respect the privacy of our customers who use cakes.com.

PERSONAL AND NON-COMMERCIAL USE LIMITATIONS

This Web site is for the User's personal, non-commercial use. User may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are subject to the trademarks of cakes.com. All rights reserved. Products and company names mentioned herein are the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CAKES.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

CAKES.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAKES.COM, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CAKES.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CAKES.COM AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of this Web site, User warrants to Cakes.com that User will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTIES' WEB SITES

This Web site may contain hyperlinks to Web sites operated by third parties other than Cakes.com. Such hyperlinks are provided for User's references only. Cakes.com does not control such Web sites and is not responsible for their contents. Cakes.com’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

USE OF E-MAIL OR OTHER COMMUNICATIONS FORUMS

To the extent that this Web site contains e-mail or other communication facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.
• Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Web site.

User agrees (as available) to send and receive electronic mail and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Cakes.com, and applicable law. The User acknowledges that e-mails and any other such communications forums hosted by this Web site are public and not private communications.

Cakes.com reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Cakes.com reserves the right to edit any notices for clarity and length.

SOFTWARE AVAILABLE ON THIS WEB SITE

Please note that all Software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by Cakes.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

SERVICE CONTACT

Contact cakes.com with questions or problems with this Web site. (note, please hyperlink to the contact us email address).

MODIFICATION OF THESE TERMS AND CONDITIONS

Cakes.com reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.

GENERAL

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This agreement shall be deemed to have been made in the State of Minnesota, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Minnesota, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Dakota, Minnesota, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Minnesota courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Cakes.com as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Cakes.com and Cakes.com shall not be liable for any representation, act or omission of the User.

Cakes.com’s' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Cakes.com’s right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by Cakes.com with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Cakes.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Cakes.com with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

INDEMNITY

As a condition of use of this Web site, the User agrees to indemnify Cakes.com and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

DATA OWNERSHIP POLICY

User acknowledges that Cakes.com content and data constitute Cakes.com valuable property and that unauthorized distribution or remarketing of Cakes.com content and data is improper and unlawful. Unauthorized distribution or remarketing of Cakes.com content and data includes, but is not limited to: (1) accessing Cakes.com by the use of any automated or electronic devices commonly known in the Internet industry as robots or spiders, or by the use of any other technology now known or hereafter discovered; (2) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Cakes.com content or data to any third party, through any process, including but not limited to screen scraping, spiders, web "bots" or other device, technology, software or system now known or hereafter discovered; (3) licensing, selling, or otherwise providing to any person or entity any technology, software or other device now known or hereafter discovered that is capable of accessing Cakes.com content or data from any source; or (4) assisting, aiding, or abetting in any way the unauthorized access of Cakes.com, or the distribution or display of Cakes.com data obtained or derived from Cakes.com or any other web site or any other source, by any third party. User shall not engage in any of the above examples, or any other unauthorized distribution or remarketing of Cakes.com content or data, without the prior written authorization of Cakes.com.