Web Site Terms and Conditions of Use
This page states the Terms and Conditions under which you may use this Web Site. My Daughter's Cakes may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS WEB SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
My Daughter's Cakes reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and My Daughter's Cakes does not undertake any obligation or responsibility to update or amend any such information. My Daughter's Cakes may discontinue or change any product or service described in or offered on this Web site at any time.
All right, title and interest in this Web site and any content contained herein is the exclusive property of My Daughter's Cakes. This Web site is intended for personal, non-commercial use. You may print, copy and download any information or portion of this Web site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without My Daughter's Cakes's prior written approval. Unauthorized use of this Web site and or any My Daughter's Cakes systems, including, but not limited to, unauthorized entry into My Daughter's Cakes systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any My Daughter's Cakes site or service or interfere with any other party's use and enjoyment of any My Daughter's Cakes site or service. You may not attempt to gain unauthorized access to any My Daughter's Cakes site or service, computer systems or networks connected to any My Daughter's Cakes site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.
You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, 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 would otherwise violate the law. My Daughter's Cakes will fully cooperate with any law enforcement authorities or court order requesting or directing My Daughter's Cakes to disclose the identity of anyone posting any such information or materials.
Intellectual Property
The trademarks, logos and services marks (collectively, “Marks”) displayed on this Web site are the property of My Daughter's Cakes and other parties. You are prohibited from using any Marks for any purpose without the written permission of My Daughter's Cakes or such third party which may own the Marks. All information and content including any pictures, text or software programs available on or through the My Daughter's Cakes site (“Content”) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the My Daughter's Cakes Web site for commercial or public purposes unless specifically allowed herein.
Claims of Infringement
My Daughter's Cakes respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website located athttp://www.copyright.gov/legislation/dmca.pdf, My Daughter's Cakes will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide My Daughter's Cakes's Copyright Agent the following information:
While My Daughter's Cakes considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
Links To Other SitesThis Web site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by My Daughter's Cakes of any information contained in any third party Web site. In no event shall My Daughter's Cakes be responsible for the information contained on that site or your use of or inability to use such site. Access to any other Internet web site linked to the My Daughter's Cakes Web site is at your own risk. You should be aware that linked web sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the My Daughter's Cakes Web site. My Daughter's Cakes is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
No Warranties
My Daughter's Cakes does not warrant the quality, accuracy, or completeness of any claims, statements, or information on this site. Further, My Daughter's Cakes makes no representations about the suitability of any of the information contained on this Web site or any other Web site for any purpose. All information is provided “as is” and “as available” without warranty or condition of any kind. In no event shall My Daughter's Cakes be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of content available on this Web site.
My Daughter's Cakes does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. My Daughter's Cakes will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources My Daughter's Cakes believes to be reliable, My Daughter's Cakes cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. You understand that My Daughter's Cakes does not operate or control the products, services information, advice or content offered by any third party that participates in the My Daughter's Cakes Web site. Neither My Daughter's Cakes, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of My Daughter's Cakes or of any vendor providing software or services. In no event will My Daughter's Cakes or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if My Daughter's Cakes or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. My Daughter's Cakes cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be in an appropriate state or federal court located in the City and County of Somerset, State of New Jersey and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitutes the entire agreement between My Daughter's Cakes and you with respect to this Web site and it supersedes all prior or contemporaneous communications, agreements and understandings between My Daughter's Cakes and you with respect to the subject matter hereof.
