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Welcome
to ChocolatePalace.com |
The
goal of this web site is to provide access to our wide
selection of cakes, cookies, Pastries, and chocolates
to a wide audience. To ensure a safe, pleasant environment
for all of our users, we have established these Terms
& conditions. In this way, you will know what you
can expect from us and what we expect from you.
By
accessing any areas of ChocolatePalace.com, you agree
to be legally bound and to abide by the terms set forth
below. All product names and logo appearing on ChocolatePalace.com
are the property of their respective owners.
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Proprietary Rights
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You
acknowledge that ChocolatePalace.com contains information,
data, software, photographs, (collectively "Content")
that are protected by copyrights, trademarks, or other
proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing
now or hereinafter developed.
All
Content is copyrighted as a collective work under the
U.S. copyright laws, and the Company owns a copyright
in the selection, coordination, arrangement, and enhancement
of such Content. You may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part.
If
no specific restrictions are displayed, you may make copies
of select portions of the Content, provided that the copies
are made only for your personal use and that you maintain
any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights
notices.
Except
as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws
(see e.g. 17 U.S.C. Section 107), you may not upload,
post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety
right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement
accompanying such software.
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The
Company's Rights |
The
Company may elect to electronically monitor areas of ChocolatePalace.com
and may disclose any Content, records, or electronic communication
of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate
to operate this web site; or (iii) to protect the rights
or property of the Company, its users, Sponsors, Providers,
Licensors, or Merchants.
The
Company is not responsible for screening, policing, editing,
or monitoring such Content. If notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content, The
Company may investigate the allegation and determine in
its sole discretion whether to remove or request the removal
of such Content from ChocolatePalace.com.
The
Company reserves the right to prohibit or remove conduct,
communication, or Content that it deems in its sole discretion
to be harmful to users, the Company, the communities that
make up ChocolatePalace.com, or any rights of the Company
or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither the Company nor
its Providers, Merchants, Sponsors, or Licensors can ensure
prompt editing or removal of questionable Content after
online posting. Accordingly, neither ChocolatePalace.com,
nor its affiliates, nor any of its officers, directors,
employees, or Agents, nor Provider, Merchant, Sponsor,
or Licensor shall assume liability for any action or inaction
with respect to conduct, communication, or Content on
ChocolatePalace.com .
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Online
Conduct |
Any
conduct by you that in the Company's sole discretion restricts
or inhibits any other user from using or enjoying ChocolatePalace.com
will not be permitted. You agree to use ChocolatePalace.com
only for lawful purposes.
You
are prohibited from posting on or transmitting through
ChocolatePalace.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not
limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national,
or international law.
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Public
and Private Communications |
The
Company will not screen public communications in advance.
The Company is not responsible for your submissions or
responses.
Any
product concept or ideas submitted by you to ChocolatePalace.com
will be considered public and nonproprietary.
The
Company will not be responsible for any claims to intellectual
property if those concepts or ideas are used in promotions,
marketing or product concepts. The Company reserves the
right to remove any Content that it deems in its sole
discretion to be a violation of any law.
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Privacy
Policy |
At
the Company, we recognize and respect the importance of
maintaining the privacy of our customers and members and
have established a privacy policy. The Privacy Policy
covers why we gather customer and member information,
what information we collect, how we collect it, what we
use the information for and how you can instruct us. If
you need to know more about it please mail to our contact
ID/ Address.
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Indemnity |
You
agree to indemnify, defend and hold harmless the Company
and its Associates from and against any and all liability,
claims, costs and expenses (including without limitation
reasonable legal fees and expenses), alleging or resulting
from your use of ChocolatePalace.com in violation or breach
of the Terms & Conditions.
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Termination
of Usage |
The
Company may terminate your access, or suspend your access
to all or part of ChocolatePalace.com, without notice,
for any conduct that ChocolatePalace.com, in its sole
discretion, believes is in violation of any applicable
law or is harmful to the interests of another user, a
third-party Provider, Merchant, Sponsor, Licensor, service
provider, or the Company.
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Applicable
Laws |
ChococlatePalace.com
is controlled by the Company from its offices within the
United States of America. The Company makes no representation
that Content in the site are appropriate or available
for use in other locations, and access to them from territories
where their content is illegal is prohibited. Those who
choose to access this site from other locations do so
on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export
the Content in violation of U.S. export laws and regulations.
Any claim relating to this website, the services provided
through this website or the Content shall be governed
by the internal substantive laws of the state San Diego,
California.
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Miscellaneous |
You
may not use ChocolatePalace.com to send unsolicited advertising,
promotional material, or other forms of solicitation to
other users, except in specified areas, if any, that are
designated for such a purpose.
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Acknowledgment
and Changes |
This
Agreement represents the entire understanding between
you and the Company regarding your relationship with the
Company and ChocolatePalace.com and supersedes any prior
statements or representations. YOU AGREE TO BE BOUND BY
THE TERMS & CONDITIONS by accessing any areas of the
Cakes-Online.com web site. We reserve the right to change
the Terms & Conditions Use at any time. If we make
any change to the Terms & Conditions, we will post
those changes on this page and they will become effective
upon posting.
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Disclaimer
and Limitation of Liability |
All
cakes, cookies, pastries, chocolates, and products picture
of the items are a general representation of the actual
product. Decorators create beautiful individualized artwork
and there may be slight variations to the actual pictured
item.
You expressly agree that use of ChocolatePalace.com is
at your sole risk. You must be 18 years or older to register
as a member. Neither the Company, nor its affiliates,
nor any of its officers, directors, or employees, agents,
third-party content providers ("Providers"),
merchants ("Merchants"), sponsors ("Sponsors"),
licensors ("Licensors"), or the like (collectively,
"Associates"), warrant that Cakes-Online.com
will be uninterrupted or error-free; nor do they make
any warranty as to the results that may be obtained from
the use of ChocolatePalace.com, or as to the accuracy,
reliability, or currency of any information content, service,
or merchandise provided through ChocolatePalace.com; except
that the Company does guarantee (through its "100%
Satisfaction Guarantee") that your cakes, cookies,
pastries, and chocolates will be delivered fresh, and
if it does not, the Company's sole maximum liability will
be not more than to refund the purchase price or to replace
and deliver an equivalent "sweet surprise" as
soon as reasonably practicable.
ChocolatePalace.com is provided on an "as is,"
"as available" basis and the Company specifically
disclaims warranties of any kind, either expressed or
implied, including but not limited to warranties of title
or implied warranties of merchantability or fitness for
a particular purpose. No oral advice or written information
given by the Company nor its affiliates, nor any of its
officers, directors, employees, agents, Providers, Merchants,
Sponsors, Licensors, or the like, shall create a warranty.
Under
no circumstances shall the Company or any other party
involved in creating, producing, or distributing Cakes-Online.com
be liable for any direct, indirect, incidental, special,
or consequential damages that result from the use of or
inability to use ChocolatePalace.com, including but not
limited to reliance by you on any information obtained
from ChocolatePalace.com or that result from mistakes,
omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting
from acts of God, communications failure, theft, destruction,
or unauthorized access to the Company's records, programs,
or services. You hereby acknowledge that this paragraph
shall apply to all Content, merchandise, and services
available through ChocolatePalace.com Because some states
do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by
law.
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