Terms of Service
Last modified February 25, 2020
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to www.courtcakes.com and its sub-domains and affiliated sites (“CourtCake” “our”, “we” or “us”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
SITE CONTENT
CourtCakes exclusively owns and controls the Sites, which provides information about our products and services and may, from time to time, share products of work of your event. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise.
INTELLECTUAL PROPERTY
Unless explicitly stated otherwise, as between you and CourtCakes, CourtCakes owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. Our name, CourtCakes and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by CourtCakes either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
LINKING TO OUR SITES
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with CourtCakes; (ii) present false or misleading information about CourtCakes; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS
We may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that we link on the Sites will be clearly marked; however, we encourage you to reach out to us with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by CourtCakes of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that CourtCakes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. COURTCAKES, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE
These Terms are governed by the laws of the Toronto, Ontario without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and provincial courts located in Ontario, Canada.
RETURN POLICY
Due to the perishable nature of our product we can not accept returns or exchanges on our products. Please be sure to double check your order before leaving to make sure it is exactly as it should be!
Once the items have left all sales are final.
Privacy Policy
PLEASE REVIEW THIS POLICY CAREFULLY
The following describes how CourtCakes (“CourtCakes,” “We,” “us” or “our”) uses and disseminates information you provide through www.courtcakes.com and its sub-domains and affiliated sites, as well as CourtCakes pages and accounts on Twitter®, Facebook®, and Instagram® (the “Sites). Please also review our full Terms and Conditions of Use, which also govern your use of the Sites. By using this Site, you are consenting to this Privacy Policy.
COLLECTION OF YOUR PERSONAL INFORMATION
Unless we expressly note otherwise, we do not collect personally-identifiable information from users of our Sites. When you visit our Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. I also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with our Terms of Use. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED
A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent we use cookies, we can only access information from a cookie sent by one of the Sites, not other websites. We may use cookies to personalize your visit to our Sites, because tracking usage allows us to best determine the needs of our customers and advertisers.
OUR POLICY WITH MINORS
Our Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
DATA RETENTION
We only retain Personal Data collected from Users for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements for a period of number of years. (note, you can specify how long you retain each type of information, such as accounting or billing information for a period of 7 years, or legal information for a period of 10 years).
USE OF YOUR PERSONAL INFORMATION
The information I gather from you may be used in several ways, either now or in the future, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate.
We do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. I reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of CourtCakes or its affiliates assets, or to enforce our Terms of Use.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
LIMITATIONS
By using the Sites you agree that we are not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from us; or (iii) any accidental disclosure of your personal information made by us.
POLICY CHANGES
We may modify this Privacy Policy from time to time. Any modifications will be effective immediately when we post them. We will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When we update our Policy, we will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
YOUR COMMENTS AND CONCERNS
This website is operated by CourtCakes. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: order.courtcakes@gmail.com.