Terms of Service & User Content Policy & Sales and Use Tax Policy
Avalon Cakes’ Terms of Service
Effective Date: September 13, 2015
Thank you for visiting avaloncakesschool.com. The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the website www.avaloncakesschool.com (the Website). These TOS set forth the agreement between you (“Site User”) and Avalon Cakes, Ltd. (“AVALON CAKES”) (collectively, the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Website and Services. Your use of the Website constitutes your acceptance of these TOS. You may not use the Website until you review and agree to these TOS.
AVALON CAKES offers various Internet-based Services through the Website (the “Services”). Such Services include but are not limited to the selling of physical products and goods, providing web based content, on-line chat groups and forums, message boards and customizable on-line user profiles. AVALON CAKES offers a segment of the services at no-cost (Free Services) and others on a subscription fee basis (Subscription Services). AVALON CAKES reserves the right to add or delete any of its Services at any time, including, but not limited to the right to change Free Services to Subscription Services. Users who would like to utilize the Subscription Based Services and certain Free Services (such as participation in the User Community) must establish a user profile on the Website. AVALON CAKES may, at its option offer a number of other additional Services in the future through its Website. If additional Services are offered, AVALON CAKES may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services. The Services are offered for general informational and entertainment purposes only. Nothing in the services shall be considered advice. Site User should always conduct their own independent research into the recipes and techniques described in the Services and should not rely on the information presented in the Services as advice.
In order to utilize the Subscription Services, Site User must pay a subscription fee (the “Subscription Fee”). The Subscription Fee shall be set forth in the Website’s on-line registration and account interface. Site Users utilizing the Subscription Services must keep a valid credit card or PayPal information on file with AVALON CAKES (or it’s 3rd party processors) and hereby grants AVALON CAKES authority to automatically bill the Site User’s credit card or PayPal account on a monthly basis to cover the Subscription Fee. The Subscription Fee is non-refundable. Failure to pay the Subscription Fee shall immediately terminate the license granted in Paragraph 3 of this TOS.
- License for Services and Website
So long as Site User is in compliance with these TOS as provided for herein, AVALON CAKES grants Site User a personal, non-transferable, limited, revocable license to access and use the Website and the Services for their intended purposes only. Site User may not collect or otherwise use information contained on the Website for any purpose which is not directly related to Site User’s use of the Website or Services, including, but not limited to any Prohibited Purpose as determined by AVALON CAKES. Examples of “Prohibited Purposes” as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Website, making copies of the Website for purposes other than standard web browser cashing, or use of the information for the purpose of competing with AVALON CAKES. Any use of the Services or the Website that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to Site User.
- Rules & Policies
4.1 Prohibited Uses
Under the limited license granted in Section 2 above, Site User may only use the Services as expressly permitted by AVALON CAKES. Prohibited uses include, but are not limited to the following:
1) any use that interferes with a third parties ability to use or enjoy the Services;
2) any use of the Services that threatens, harasses, or intimidates any other User of the Services or any third party;
3) impersonating another individual or entity;
4) any use of spiders, robots, or any other device or process to monitor the activity on or copy pages from the Website;
5) reverse engineering, decompiling, or disassembling any software or other technology used in conjunction with the Website or the Services;
6) collecting or attempting to collect any electronic information concerning any Site Users or viewers of the Services or Website, such as email addresses or other Personal Information unless such collection is done in conjunction with the legitimate conduct of business;
7) interfering with or disrupting the Website or Services by using viruses, spyware, or any other programs or technology designed to disrupt or damage any software or hardware;
8) use of any meta tags, search terms, key terms, or keywords which contain AVALON CAKES’ name, trademarks, or the unauthorized use of any name or trademarks of any other person or entity;
9) any use or action that directly or indirectly assists or encourages any third party to engage in the above mentioned prohibited uses or otherwise violate these TOS.
10) any commercial use or rebranding of the Services;
11) any attempt to download or otherwise make copies of any material included on the Website, except for any content sold to Site User by AVALON CAKES that is intended to be downloaded by Site User;
12) sharing your account information or allowing another individual to utilize the Services through your account;
13) utilizing the Services or Website to advertise or sell any good or service.
- Representations and Warranties
5.1 Representations and Warranties of the Parties
The Parties represent and warrant to each other that: (i) they have the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of their obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which either party is bound, and (iii) these TOS are a legal, valid, and binding obligation of the parties entering into these TOS, enforceable in accordance with their terms and conditions.
5.2 User Representations and Warranties
Site User represents and warrants to AVALON CAKES that Site User’s use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. Site User further represents and warrants to AVALON CAKES that Site User is the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of Site User’s knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, Site User represents to AVALON CAKES that AVALON CAKES will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content. Lastly, Site User warrants that the User Supplied Content does not violate Section 4.1 of this TOS.
- Warranty Disclaimer
AVALON CAKES PROVIDES THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVALON CAKES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET SITE USER’S REQUIREMENTS. AVALON CAKES MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
7.1 EXCLUSION OF DAMAGES
AVALON CAKES WILL NOT BE LIABLE TO SITE USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH SITE USER’S USE OF THE WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF AVALON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 LIMITATION OF LIABILITY
IN NO EVENT WILL THE LIABILITY OF AVALON CAKES IN CONNECTION WITH THESE TOS, THE SERVICES OR THE WEBSITE EXCEED THE AMOUNTS PAID, IF ANY, BY SITE USER DURING THE PREVIOUS SIX MONTHS.
Site User will indemnify and hold AVALON CAKES and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, or expense, including without limitation, attorneys’ fees and costs, incurred in connection with any third-party claim, demand, or action (a “Claim”) brought against any of the Indemnified Parties due to Site User’s use of the Website or Services. If Site User is required to indemnify AVALON CAKES under this Section, AVALON CAKES will have the right to control the defense, settlement, and resolution of any Claim at Site User’s sole expense. You may not settle or otherwise resolve any Claim without AVALON CAKES’ prior express written consent.