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© 2019 Cakes.com. All rights reserved. Cakes.com is Patent and is also protected by DecoPac patents: www.decopac.com/intellectual-properties

1.       Your Acceptance

Welcome to DecoPac, Inc. By using the https://www.DecoPac.com and https://www.cakes.com (“Cakes.com”) websites, including Powered by Cakes.com webpages (the “Websites”), further including all Content (as defined below) available through the Websites, or by accessing any associated content such as email feeds, social media profiles, feeds through apps or other related services provided by DecoPac (collectively the “Service”), the person or entity using the Service (“You”) signify (a) that You have read and understood these Terms of Use (“TOU”) (which include the Privacy Policy, https://www.cakes.com/privacy-policy); and (b) that these TOU have the same force and effect as a signed agreement. The Service is provided by DecoPac, a company registered in Minnesota (“DecoPac,” “We,” or “Our”).  DecoPac has a principal place of business at 3500 Thurston Avenue, Anoka, MN, 55303.  We expect the Service will be used by end-user customers (“Customers”) purchasers of products through DecoPac.com (“DecoPac.com Customers”), and bakeries and other establishments providing services to Customers (“Cakes.com Providers”).

If You are accepting these TOU on behalf of your employer or a corporate entity, You affirm that You have the authority to accept these TOU on such party or entity’s behalf. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. 

ATTENTION:  PLEASE READ OUR PRIVACY POLICY, CAREFULLY BEFORE USING THE SERVICE. ACCESSING ANY PART OF THE SERVICE OR CONTENT INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TOU AND RELATED POLICIES IN FULL. IF YOU DO NOT ACCEPT THE TOU AND RELATED POLICIES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE SERVICE AND LEAVE THE SERVICE IMMEDIATELY. 

ATTENTION: DECOPAC.COM CUSTOMERS OR CAKES.COM PROVIDERS THAT MAKE PURCHASES FROM DECOPAC.COM AND/OR UTILIZE THE "CAKES.COM" PORTION OF THE SERVICE ARE SUBJECT TO THE ADDITIONAL TERMS IN SECTIONS 9 and 10.

By ordering with Us, You expressly consent and agree that We may send text messages to any cellular telephone number provided to Us by You or anyone purporting to act on Your behalf, including through the use of an automatic telephone dialing system and calls/texts utilizing artificial and pre-recorded voices and/or messages, for any purpose related in any way to your use of the Service, including, without limitation notifying you when your order (1) has been submitted to the Cakes.com Provider, (2) Your order has been accepted by the Cakes.com Provider, and (3) when your order ready for pick-up at the Cakes.com Provider’s location. This provision is a material term of the contract between You and DecoPac and cannot be unilaterally modified, revoked, or withdrawn by You. 

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT DECOPAC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOU.

BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. We may change these TOU at any time. Please review the TOU each time You visit the Service. If We have Your email address, We will notify You of material changes to the TOU via email. If We do not have Your email address, We will update this page to reflect any changes to the TOU. 

These TOU include a disclaimer of warranties, a disclaimer of liability, a class action waiver, as well as a release and indemnification by You, in Sections 1, 3, 6, 7, 9-11, 15-18, and 22-23. Please review those sections (and all other terms) carefully.

2. Privacy Policy

Our Privacy Policy describes the information DecoPac collects when You and others use the Service. It also describes how DecoPac uses any personal information You share with it. The Privacy Policy is part of these TOU. By agreeing to these TOU, You are also consenting to our use of Your personal information in accordance with our Privacy Policy. Please click here https://www.cakes.com/privacy-policy to review our Privacy Policy.

3. Links to and from the Service

The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by DecoPac. DecoPac has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, DecoPac will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE DECOPAC, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE DECOPAC PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, We encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with DecoPac in writing, You may link to the Service from Your website, subject to the following:  (1) You may not frame the Service or any portion of the Service; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the DecoPac or Cakes.com name and not any DecoPac logo; (4) You may not use any DecoPac logo in any way; (5) You may not use the link in any way that suggests that DecoPac is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages DecoPac or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Service at any time for any reason or no reason.

4. Restrictions on Use of Service

In Your use of the Service, You will not:

  • use the Service for any purpose other than for using the features We intentionally make available to You;
  • upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
  • post, transmit or submit any information that DecoPac, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
  •  upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
  • copy, download or distribute any part of the Service in any form or medium without the prior written authorization of DecoPac;
  • alter, modify or make derivative works from any part of the Service without the prior written authorization of DecoPac;
  • provide personal information of anyone other than Yourself without permission or provide false information;
  • create another account without our permission, if We have disabled Your account;
  • let anyone else access Your account (excluding internal authorized sharing of credentials for a business account), or do anything else that might jeopardize the security of Your account;
  • assign or transfer Your account or login information to anyone;
  •   use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service; or
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.  

DecoPac reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. DecoPac will fully cooperate with any law enforcement authorities or court order requesting or directing DecoPac to disclose the identity of anyone violating these TOU.

5. Intellectual Property

Everything You see, hear, or otherwise experience on the Service, including but not limited to any graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DecoPac, subject to copyright and other intellectual property rights under United States and international laws and conventions. DecoPac owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. DECOPAC, Cakes.com, the DECOPAC logo, and the Cakes.com logo are trademarks of DecoPac. Cakes.com is Patent-Pending and is also protected by DecoPac patents: https://www.decopac.com/intellectual-properties.

For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DecoPac reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by DecoPac in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.

You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TOU, the Service, or any content or materials accessible through the Service, in whole or part.

6. Advertisement Release

DecoPac takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service including the Cakes.com Providers (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that DecoPac is not liable for any loss or claim that You may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE DECOPAC PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS, OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

7. User Submissions

The Service may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications and data submitted by You and other users (“User Submissions”) on the Service. By submitting any such materials to the Service, You represent and warrant that You will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant DecoPac all of the license rights granted herein. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. DECOPAC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. 

You further represent and warrant that You have the permission of any individuals depicted in photographs, videos or recordings that You submit to the Service or on DecoPac’s social media sites, to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to DecoPac.

If You submit any User Submissions to DecoPac, You hereby grant a non-exclusive, royalty-free, perpetual right and license to DecoPac and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the User Submissions in any format, including without limitation coding or watermarking such User Submissions, on the Service and in related promotional materials provided in any medium, forum or format, for any purpose of DecoPac or its affiliates in their sole discretion.

You also agree that immediately upon the creation by or on behalf of DecoPac of any derivative works from, modifications, edits or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of DecoPac and that We will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by DecoPac in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest You have or may be deemed to have in and to the Modified Content to DecoPac.

DecoPac welcomes Your comments and suggestions. However, except for any personal information We may collect from You pursuant to our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, DecoPac (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our Privacy Policy), (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions. 

YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE DECOPAC PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE DECOPAC PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USER SUBMISSIONS AND YOUR USE OF THE SERVICE. 

8. Users Who Violate Terms of Use

DecoPac may, at its sole discretion, disable or terminate the accounts of any users who violate these TOU or whose accounts have been inactive, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who fail to pay applicable fees for use of the Service, (3) users who provide false or inaccurate information; (4) users who breach these TOU including any warranties; and (5) users who misuse or challenge DecoPac’s rights in the Content.  DecoPac also reserves the right to cancel any pending orders for users who violate these TOU.

9. Pricing and Payment

    A. Cakes.com Customers should review the specific Pricing and Payment terms here:

        https://www.cakes.com/customer-pricing-payment-terms

    B. Cakes.com Providers should review the specific Pricing and Payment terms here:

        https://www.cakes.com/provider-pricing-payment-terms

    C. DecoPac.com Customers should review the specific Pricing and Payment terms here:

        https://www.decopac.com/pricing-and-payment-terms

10. Additional Terms for Cakes.com Providers and DecoPac.com Customers

    A. Cakes.com Providers should review the additional terms here:

        https://www.cakes.com/provider-additional-terms

    B. DecoPac.com Customers should review the additional terms here:

        https://www.decopac.com/additional-terms

11. Effect of Termination, Cancellation or Expiration/Survival

Upon termination or cancellation of the TOU or the Service, You shall immediately discontinue all access to and use of the Service, and destroy or delete all copies of content or materials accessed or obtained by user via the Service.  DECOPAC SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF REPORTS OR DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TERMS OF USE OR THE SERVICE.  

The following sections shall survive termination of the TOU:  Sections 4-7, 9-11, and 15-23.

12. Notice and Procedure for Making Claims of Intellectual Property Infringement

If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which DecoPac has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail): 

a)       a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b)      identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;

c)       identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate that reference or link);

d)      information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an email address;

e)      a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f)        a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

a)       a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b)      identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;

c)       identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate that reference or link);

d)      information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an email address;

e)      a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f)        a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

                Copyright Agent

                DecoPac, Inc.

                3500 Thurston Ave.

                Anoka, MN 55303

                DMCAAgent@decopac.com

You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to DecoPac without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to. 

13. Trademarks and Celebrity Material

a)       DecoPac responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.

b)      Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity's permission.

c)       If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 12 above.

d)      To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.

e)      When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.

14. Warranties

In addition to the representations and warranties in Section 7, You warrant and represent to DecoPac as set out below: 

a)       The information provided to DecoPac in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to DecoPac, is true in all respects, up-to-date and not misleading.

b)     You will keep the information referred to in paragraph (a) up to date.

c)      You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity.

d)     You will use the Service lawfully and in good faith.

15. Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. DECOPAC HAS ATTEMPTED TO MAKE THE SERVICE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE DECOPAC PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE, THE CONTENT, OR ANY PRODUCT ORDERED FROM A CAKES.COM PROVIDER. THE DECOPAC PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TOU, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE DECOPAC PARTIES RELATING TO THE SERVICE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE DECOPAC PARTIES, AND ANY AGREEMENT WITH A THIRD-PARTY. 

WITHOUT LIMITING THE FOREGOING, THE DECOPAC PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS OR CUSTOMERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY DECOPAC; THAT SERVICE ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS PCI COMPLIANT. THE DECOPAC PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (VI) USER SUBMISSIONS, AND/OR (VII) 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. 

THE DECOPAC PARTIES MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY CAKES.COM PROVIDER NOR ANY ITEM DISPLAYED BY SUCH BAKERY ON THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

16. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DECOPAC PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE DECOPAC PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE DECOPAC PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TOU; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS OR DECOPAC ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR EMAIL ADDRESS OR DECOPAC ACCOUNT.

IF THE DECOPAC PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TOU, THE DECOPAC PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO DECOPAC. 

17. Limitations on Liability

IN NO EVENT SHALL THE DECOPAC PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TOU OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE DECOPAC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE DECOPAC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM:  (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM DECOPAC’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE DECOPAC PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (8) USER CONTENT OR THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DECOPAC PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE DECOPAC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TOU INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ADDRESS OR ACCOUNT INFORMATION WITH ANY OTHER PERSON. 

THE DECOPAC PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, INCLUDING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO A REFUND OF YOUR PURCHASE PRICE OR $50 USD, WHICHEVER IS GREATER.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:  "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Any claims relating to use of the Service must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by DecoPac from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

18. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT DECOPAC HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TOU IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DECOPAC PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DECOPAC. DECOPAC WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

19. Equitable Relief

If You violate these TOU, We may seek injunctive relief or other equitable relief. 

20. Subpoena Fees

If DecoPac has to provide information in response to a subpoena related to Your use of the Service, then We may charge You for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition. 

21. Assignment

These TOU, and any rights and licenses granted hereunder, may be transferred or assigned by You only with DecoPac’s prior written consent, but may be assigned by DecoPac without restriction and without notice to You. 

22. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. 

23. General

These TOU constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOU, so that these TOU shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TOU by a representation other than those expressly set out in these TOU. DecoPac and You do not intend to confer, and these TOU will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than DecoPac, You, and each party’s successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU. No modification, alteration or waiver of any of the provisions of these TOU will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TOU shall be deemed a further or continuing waiver of such term or any other term, and DecoPac’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in Minnesota, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over DecoPac in jurisdictions other than Minnesota. These TOU are governed by United States and Minnesota law, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the courts of Hennepin County, Minnesota in relation to any dispute between them arising out of the subject matter of these TOU. YOU FURTHER AGREE TO INDEMNIFY THE DECOPAC PARTIES FOR ALL REASONABLE ATTORNEYS’ FEES IN RESPONDING TO AND DEFENDING ANY LEGAL ACTION BROUGHT BY YOU IN CONTRAVENTION OF THIS FORUM CLAUSE.  In the case of a dispute, We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Privacy Policy

ATTENTION:  PLEASE READ CAREFULLY THIS DECOPAC PRIVACY POLICY (“PRIVACY POLICY”), WHICH IS PART OF THE DECOPAC TERMS OF USE, BEFORE YOU ACCESS, DOWNLOAD, OR OTHERWISE USE THE SERVICE.  THIS PRIVACY POLICY PERTAINS TO YOUR ACCESSING DECOPAC.COM AND CAKES.COM AND ALL OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

DecoPac, Inc. respects Your privacy needs and concerns.  It is our goal to provide You with an enjoyable and satisfying browsing and shopping experience at DecoPac and to meet and exceed Your expectations.  This Privacy Policy applies to Your visits to the Service but does not include other websites which are linked to/from the Service; those linked websites may be governed by different privacy policies.  The Service is operated by DecoPac, Inc., 3500 Thurston Avenue, Anoka, MN 55303 (“We,” or “DecoPac”). This Privacy Policy describes the information collected through Your use of the Service, how We use it, how We share it, how We protect it, and the choices You can make about Your information.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. USING THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICE. You acknowledge (a) that You have read and understood this Privacy Policy; and (b) this Privacy Policy shall have the same force and effect as a signed agreement

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Privacy Policy.

This Privacy Policy is part of the DecoPac Terms of Use. Any terms defined in the Terms of Use shall have the same meaning in this Privacy Policy.

If We have Your email address, We will notify You of material changes to this Privacy Policy via email. If We do not have your email address, We will update this page to reflect any changes to this Privacy Policy. Please review the Privacy Policy each time You use the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE PRIVACY POLICY

YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE.  TO THE EXTENT YOU SEND A MESSAGE GOVERNED BY THE TELEPHONE CONSUMER PROTECTION ACT OR THE CAN-SPAM ACT THROUGH THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DECOPAC PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE DECOPAC PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO RECEIVING TEXT MESSAGES, EMAILS, OR NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE CAN-SPAM ACT. 

I.        Information We Collect

We collect information from You when You use the Service, contact or interact with us, sign up for our newsletter or other mailing list, and voluntarily provide us with Your comments and other content in connection with using the Service.

As part of your access to and use of the Service, We may collect Your name, email address, and any other information you voluntarily provide on the Service.  We may associate this information with products and other works you create using the Service.

When You contact us, We may collect Your email address and any other information that You voluntarily provide to us.  If you sign up for our newsletter or other mailing list, we will collect Your email address.  When calling us, your telephone number and name may be collected.

When You order and/or purchase goods through the Service, We may collect Your name, billing address, shipping address, billing zip code, credit card number, credit card expiration date, CVV, email address, and other information sufficient for Cakes.com Providers to accept and process Your cake or bakery food item order and/or Our payment processor to process Your transaction on DecoPac.com and provide fraud screening, information security, and compliance.

When You access and use the Service, We automatically collect information regarding You and Your device, including Your device’s Internet Protocol address, the domain name of Your Internet service provider, Your location, Your mobile device information (e.g. device model and operating system version), Your page visits, Your activity on our Service, Your social sharing activity, and aggregated information that cannot be used to specifically identify You. Additional information collected is described in the Analytics and Cookies sections below.

We may collect information about You from third party sources. The Service provides links to our Facebook, Instagram, Pinterest, YouTube, and Twitter pages. If You connect with these websites through the Service, We may receive personal information about You.  We may also collect information about you from supplier, bakery companies, or Cakes.com Providers.

We may combine all of the information we collect from or about you and use it in the manner described in this Privacy Policy.

Cakes.com end user collection

If You are an end-user customer connecting directly to Cakes.com to order a cake or bakery food item, We may collect your name, address, phone number, device information, and any other information necessary to complete the transaction or as described in this Privacy Policy.  When You place an order for a cake or bakery food item, we may also collect any other information that you provide in the order process, including any photos or other messaging that you intend to have printed on the cake.  

II.        How We Use Your Information

We use the information that We collect for several purposes, including:

  •        The purposes for which You provide it;
  •        To provide the products You ordered (including, but not limited to, confirming Your order, processing and shipping Your purchase, notifying You about updates to our Service, and providing You with additional information about products);
  •        To create or add to Your registered account;
  •        To provide information and services to You;
  •        To process and respond to Your inquiries and comments;
  •        To process payment transactions (Your information will be used to submit Your payment information to our payment processor);
  •        To send You text messages about Your order status;
  •        To display relevant advertising;
  •        To send You information about Your relationship with us or about new projects or other information that we think You may find interesting;
  •        To contact You for market research purposes and to use this information to customize the Service according to Your interests;
  •        To administer, operate, and improve the Service or to further the mission of DecoPac;
  •        To personalize and enhance Your experience using the Service;
  •        To send periodic emails. If You choose, the email address You provide may be used to send You occasional news, updates, related product or service information, etc. Note:  If at any time You would like to unsubscribe from  receiving future marketing emails, We include detailed unsubscribe instructions at the bottom of each email;
  •        To generate and review reports and data about our user base and Service usage patterns;
  •        To analyze the accuracy, effectiveness, usability or popularity of the Service;
  •        To compile aggregate data for internal and external business purposes;
  •        To prevent fraud and abuse of the Service and to otherwise protect users and visitors and our business;
  •        To assist law enforcement and respond to subpoenas; and
  •        To perform other business activities as needed, or as described elsewhere in this Privacy Policy.
  •        As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing services related to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, customer service, data migration services, payment processing services, and analytical services, among others).

III.        Legal Bases for Processing your Information (For Users in European Union)

            A.      Performance of a Contract 

The use of Your personal information may be necessary to perform the agreement You have with us to provide You with bakery goods, services, and other products.  We use Your data to complete Your order, to register and maintain Your account information, and to respond to Your requests.

            B.      Legitimate Interests

We use Your personal information for our legitimate interests.  We rely on our legitimate interest to compile and maintain order history from users who register with Us, to deliver products and goods to our users, to administer, analyze and improve our services and the content on the Service, to operate our business including through the use of service providers and subcontractors (who may have access to Your data – see further under the section How Your Information is Disclosed), to send You notifications about our services, for archiving, records keeping, statistical and analytical purposes, or to use Your personal information for administrative, fraud detection, audit, training, security, or legal purposes.

            C.      Consent

Where other lawful bases are not available for the processing of Your personal information, we may rely on Your consent as the legal basis for the collection and use of Your personal data.  You are free to withdraw Your consent at any time, subject to the Your Choices Regarding Your Information section below and the preceding Legal Bases for Processing Your Information in this Section. 

            D.      Compliance with Legal Obligations

We may use Your personal information to comply with legal obligations to which We are subject, including to comply with legal process.

III.        How Your Information is Disclosed

Information may be disclosed to third parties in accordance with our Privacy Policy. Please note that a user may choose not to share certain information as described in the Analytics section below.

            A.      Third Party Service Providers and Business Partners. We may use third party service providers and business partners to perform functions in connection with the Service, such as email marketing, e-commerce operations, product shipping, site analytics, social sharing, relationship management, functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, data storage, and as otherwise described in this Privacy Policy. We also may share Your personal information with these providers and partners for their direct marketing and promotional purposes and so they can provide services to You.

  •        AddThis.  We use AddThis to understand how many people share content from our Service and to understand what content is more likely to be shared.  For more information on the information that AddThis will collect, please visit the AddThis privacy policy:  http://www.addthis.com/privacy.
  •        American Help Desk.  We use American Help Desk to provide after-hours customer technical support for the Services.  If You use after-hours support, American Help Desk may collect your name, email address, mailing address, phone number, and any other information that you voluntarily provide.  For more information about American Help Desk, please visit its privacy policy at: https://americanhelpdesk.com/privacy-policy.htm.
  •        Bing Ads.  We use Bing Ads, by Microsoft, to provide You with relevant advertising as You visit our Service.  For more information on what Bing Ads will collect, please visit the Bing Ads privacy policy:  https://privacy.microsoft.com/en-us/PrivacyStatement.
  •        CafeX.  We use CafeX to assist Us in communicating directly with Customers or Cakes.com Providers on the Service by linking Our chat services with our customer support.  By communicating with Us using the chat function, CafeX may collect any information that you voluntarily provide in the chat window.  For more information on the information CafeX will collect, please visit: https://www.cafex.com/en/legal/privacy-policies/live-assist-dynamics-365-privacy-policy/.
  •        Facebook Connect.  We use Facebook Connect to facilitate single sign on for our users.  By using Facebook Connect, We may be able to retrieve Your full name, pictures, wall posts, friend information, and other available Facebook content.  For more information on what information may be available from or collected by Facebook, please visit the Facebook privacy policy:  https://www.facebook.com/about/privacy/.
  •        Facebook Custom Audience. We use Facebook Custom Audience for marketing and behavioral targeting.  Facebook Custom Audience links the activity of this Service with the Facebook advertising network.  Please visit the Facebook privacy policy for more information: https://www.facebook.com/about....
  •        Google Maps.  The Service may have embedded Google Maps.  Google may collect information from you when you use the embedded Maps.  For more information, please review the Google Maps API Terms of Use: https://developers.google.com/maps/terms.
  •        Instagram.  By clicking on the Instagram button on the Service, You will be automatically transported to the official Instagram Page for DecoPac, https://www.instagram.com/Deco....

       Pinterest.  By clicking on the Pinterest button on the Service, You will automatically be transported to one of the official Pinterest Pages for DecoPac, https://www.pinterest.com/Deco... or https://www.pinterest.com/cake....

  •        Twilio.  Twilio is a communications company that DecoPac uses to facilitate Customers’ orders on the Service from cellular devices and to provide notifications related to the Service by text messaging, including but not limited to notifications regarding order confirmation, order acceptance, and an order being ready for pick up.  In using Our Service, Twilio may collect information about Your communications.  For more information on how Twilio collects Your data, please visit https://www.twilio.com/legal/privacy and https://www.twilio.com/legal/privacy/developer and https://www.twilio.com/legal/tos#our_use.   
  •        Twitter. By clicking on the Twitter button on the Service, You will automatically be transported to the official Twitter feed of DecoPac, @DecoPac, https://twitter.com/DecoPac.

            B.      Payment Processing.  Any payment information You provide through the Service may be shared with and may be stored by our payment processor, Authorize.Net and is subject to its privacy policy, including in the case of data breach.  You may review Authorize.Net’s privacy policy at https://www.authorize.net/about-us/privacy/.

            C.      Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.

            D.      Bakeries/Cakes.com Providers.  When You place an order on Cakes.com, we may provide Your contact information, Your order information (including any photograph that You upload to be printed on a cake), and other contact information to the Cakes.com Provider that You select to make Your cake or other bakery food items and the Cakes.com Provider’s affiliates.

            E.      Affiliates. We may share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

            F.      Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:

  •        Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
  •        Investigate, prevent or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users or others, or violations of our policies or other agreements with us;
  •        Respond to claims and legal process (for example, subpoenas); and/or 
  •        Protect against legal liability.

            G.      Aggregated Information. We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.

            H.      Analytics. We use third-party analytics tools to better understand who is using the Service and how people are using it. These tools may use cookies and other technologies to collect information about Your use of the Service and Your preferences and activities. These tools collect information sent by Your device or the Service and other information that assists us in improving the Service. This information may be used to analyze and track data, determine the popularity of certain content, and better understand Your online activity, among other things.

  •        Active Campaign. We use Active Campaign to better understand how Our users are interacting with Our email marketing campaigns.  Active Campaign uses cookies to collect and store information such as Service pages visited, email address, and checkout behavior.  We use this information to improve the Service and as otherwise described in this Privacy Policy.  Please see https://www.activecampaign.com... for information about how Active Campaign uses this information and for information about how to opt-out of Active Campaign targeted advertising.
  •        CrazyEgg.  We use CrazyEgg to analyze how users use the Service, including to determine what links are popular and what pages have the most users scroll through them.  For more information on the information CrazyEgg will collect, please visit: https://www.crazyegg.com/privacy.
  •        Google Analytics. We use Google Analytics to better understand who is using the Service and how people are using it. Google Analytics uses cookies to collect and store information such as Service pages visited, places where users click, time spent on each Service page, Internet Protocol address, type of operating system used, location-based data, device ID, search history, gender, age, and phone number. We use this information to improve the Service and as otherwise described in this Privacy Policy. Please see http://www.google.com/policies/privacy/partners/ for information about how Google Analytics uses this information, and visit https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on. Google may track Your activity over time and across websites.  We also participate in certain Google Advertiser features which may include Demographics and Interest Reporting, Remarketing, and Google Display Network Impression Reporting. These features use third-party cookies and other tracking mechanisms and allow us to market our products to You through advertisements on other websites. You can opt out of these Google features by downloading and installing Google's opt-out browser add-on.
  •        Hotjar.  We use Hotjar to evaluate our visitors’ behavior on the Service and to gather feedback related to user experience on the Service.  Hotjar may collect heatmap analytics information, browser information, other hardware information, Your IP address, and other behavioral indicators on the Service.  For more information, please visit Hotjar’s privacy policy at: https://www.hotjar.com/legal/policies/privacy.
  •        New Relic.  We use New Relic to better understand the performance of our Service on users' computer systems. New Relic gathers data regarding visitors’ browsers, devices, and regions, how many visitors are interacting with each page, how long before the first click occurs, if there are any scripts that are causing performance issues, the time assets are taking to load, and if there are any other scripting errors associated with the Service.  We use this information to improve the Service and as otherwise described in this Privacy Policy.  Please see https://newrelic.com/termsandconditions/privacy for information about how New Relic uses this information and for information about how to opt-out of New Relic targeted advertising.

We may deliver advertisements to You. We may work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see http://www.networkadvertising.org/managing/opt_out.asp.

            I.      Cookies and Other Tracking Technologies

We, along with third parties, use cookies, local storage objects, Web beacons and other technologies. These technologies are used for tracking, analytics and personalization and optimization of the Service.

Cookies are small files that are transferred to and stored on Your computer through Your Web browser (if You allow it) that enable the website’s or service provider’s system to recognize Your browser and capture and remember certain information. You can instruct Your browser to stop accepting cookies. But if You do not accept cookies, You may not be able to use all portions or all functionality of the Service.  Additionally, note that clearing cookies from Your browser will remove some opt-outs that are stored in cookies.

  •        Persistent cookies remain on the visitor’s computer after the browser has been closed.
  •        Session cookies exist only during a visitor’s online session and disappear from the visitor’s computer when they close the  browser software.

Flash cookies (also known as local shared objects) are data files that can be created on Your computer by the websites You visit and are a way for websites to store information for later use. Flash cookies are stored in different parts of Your computer from ordinary browser cookies. You can disable the storage of flash cookies. For additional information about managing and disabling flash cookies, please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.

Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page or in an email message for the purpose of transferring data. You can disable the ability of Web beacons to capture information by blocking cookies.

We use cookies and other tracking technologies on the Service to help us understand and save Your preferences and interests so We can personalize Your future visits and compile aggregate data about website traffic and website interaction to offer better website experiences and tools in the future.

Some of our business partners, such as our analytics providers, advertising networks, social sharing provider, and social media connections, also use cookies and other tracking technologies on our Service, some of which may track users across websites and over time.

IV.        Security

We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information to make shopping at DecoPac a safe as well as enjoyable experience for our valued customers.  Please keep Your account password secure to help ensure the safety of Your personal information.  Credit card information You provide through the Service is transmitted to our credit card processor, is processed offsite, and is transmitted using Transport Layer Security (TLS) encrypted channels.

While We take reasonable measures to protect the information You submit via the Service against loss, theft and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Service may not be secure. You should use caution whenever submitting information through the Service and take special care in deciding which information You provide us.

We cannot guarantee that transmissions of Your personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners.  WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.

Any information collected through the Service is stored and processed in the United States. If You use our Service outside of the United States, You consent to have Your data transferred to the United States. 

VI.        Data Retention Policy, Managing Your Information

We will retain Your information for as long as You use the Service and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required for the Service to function properly.

VII.        Links to Other Websites or Applications

This Privacy Policy applies only to the Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that We may not own or operate and to which this Privacy Policy does not apply. The links from the Service do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of our Service, and welcome any feedback about these linked websites and mobile applications.

VIII.        Your Choices Regarding Your Information

You have choices regarding the use of information by the Service.

  • Changing Your Information
    • To change Your information, on Cakes.com, You may login to Your account's control panel and go to the My Account page.  If You are unable to login to Your account, please contact us at Web.Cakes@decopac.com.
    • To change your information on DecoPac.com, You may login to Your account’s control panel and go to the My Account page. If you are unable to login to Your account, please contact us at webcustomerservice@decopac.com.
  • Closing Your Account

    • You may close Your account on Cakes.com by contacting us at Web.Cakes@decopac.com. If the email account associated with Your email address is not active, we may close Your account without notice.

    • You may close Your account on DecoPac.com by contacting us at webcustomerservice@decopac.com. If the email account associated with Your email address is not active, we may close Your account without notice.
  • Withdrawing Consent - If You are an individual residing in the EU, and You provided Your consent for any particular processing of Your personal information, You have the right to withdraw Your consent to our processing of Your information any time by requesting that Your personal information be deleted. See further under the section EU Privacy Rights below.  This deletion is permanent and Your information cannot be reinstated.  To proceed with this request, please email Privacy@decopac.com.

IX.        EU Privacy Rights

Users based in the European Union have the following legal rights in respect of their information:

  • The right to require DecoPac to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;
  • The right to require DecoPac to rectify inaccurate information without undue delay;
  • The right to request the erasure of their information. Subject to certain conditions, DecoPac may be required to erase the information in response to such request where:
    • the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of the Service;
    • where the processing of the information is based on the user’s consent (and the other circumstances described in the Legal Bases for Processing Your Information and How Your information is Disclosed sections above no longer apply), if the user withdraws his or her consent; or
    • the user objects to the processing of his or her information and there are no overriding legitimate grounds for the processing.
  • Where DecoPac has disclosed the information of a European Union user to a third party and the user requests the erasure or rectification of the data, DecoPac will take all reasonable steps to inform the third party of such request.
  • The right to restrict DecoPac from processing their information in certain circumstances, such as where the accuracy of that information is disputed or an objection has been raised (see below). In such circumstances, DecoPac will only process that information with the express consent of the user, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest;
  • The right to receive their information from DecoPac in a structured, commonly used and machine-readable format;
  • The right to object to the processing of their information by DecoPac where:
    • DecoPac has relied on the ‘legitimate interest’ basis for processing that information, in which case We will immediately stop processing the user’s information unless We have compelling legitimate grounds which override the interests, rights and freedoms of the user; or
    • the information is used for direct marketing purposes, in which case We will immediately stop processing the user’s information for such purposes.
  • The right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides.
  • The above legal rights are subject to various conditions and exceptions including where the data is used for statistical or scientific research purposes and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.

X.        Information Collected From Other Websites and Mobile Applications and Do Not Track Policy

Your browser or device may offer You a “Do Not Track” option, which allows You to signal to operators of websites, web applications, mobile applications and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites or applications. Our Service does not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which We are working may collect information about Your online activity both during and after Your use of the Service even if You select “Do Not Track”.

XI.        Children

Our Service is not intended for children under 16 years of age. We do not knowingly collect personal information from an individual under age 16. If You are under the age of 16, please do not submit any personal information through the Service. If You have reason to believe that We may have accidentally received personal information from an individual under age 16, please contact us immediately at Privacy@decopac.com.

XII.        Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before You provide any information. This Privacy Policy was made effective on the date indicated above.

XIII.        How to Contact Us

Please feel free to contact us by email at Privacy@decopac.com or by writing us at DecoPac, Inc., 3500 Thurston Avenue, Anoka, MN 55303 if You have any questions about this Privacy Policy.

XIV.        Your California Privacy Rights

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at Privacy@decopac.com or by writing us at DecoPac, Inc., 3500 Thurston Avenue, Anoka, MN 55303

Version: https://github.com/DecoPac/cakes/tree/c6e6fe418