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.

  1. Services

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.

 

  1. Subscription

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.

 

  1. 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.

  1. 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.

4.2 Privacy Policy

In the course of offering the Services and operating the Website, AVALON CAKES collects certain Personal Information and Non Personal Information from Site Users. By entering into these TOS, Site User agrees to AVALONCAKES’ collection, use, and disclosure of your Personal Information in accordance with AVALON CAKES’ Privacy Policy, which is hereby incorporated by reference.

  1. 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.

  1. 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.

  1. Limitations

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.

  1. Indemnification

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.

  1. Termination

AVALON CAKES may suspend or terminate your use of the Website or the Services if it believes, in its sole and absolute discretion, which Site User has breached a term of these TOS. Notwithstanding AVALON CAKES’ termination of Site User’s permission to use the Website or Services, these TOS will survive indefinitely unless and until AVALON CAKES chooses to terminate them. If Site User or AVALON CAKES terminates your use of the Website or the Services, AVALON CAKES may delete any User Supplied Content or other materials relating to Site User’s use of the Services on AVALON CAKES’ servers or otherwise in its possession and AVALON CAKES will have no liability to Site User or any third party for doing so.

  1. Notice

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by AVALON CAKES, by a posting on the main page of the Website. If you give notice to AVALON CAKES, you must use the following address: support@avaloncakesschool.com.  If AVALON CAKES provides notice to you, AVALON CAKES will use the contact information provided by you to AVALON CAKES. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated, or (iv) if by publication on Website, 24 hours after notice is published. If applicable law requires that a given communication be “in writing,” you agree that email communication or publication on the Website will satisfy this requirement.

  1. Dispute Resolution

Any action relating to these TOS, the Services, Website, or Site User’s use of the Services will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, Site User hereby irrevocably waives any right to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or Site User’s use of any part of the Services or the Website must be asserted individually. Notwithstanding anything to the contrary in this Section, AVALON CAKES may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

 

  1. Choice of Law

 

These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals.

  1. Assignment

The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of AVALON CAKES.

 

  1. Entire Agreement

 

These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

 

  1. 15. No Waiver

 

No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

 

  1. No Partnership or Joint Venture

 

Site Users and AVALON CAKES are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.

 

  1. Severability

 

The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

 

  1. General

18.1  Intellectual Property Rights

All intellectual property rights and all other rights, title, and interest in and to the Services and Website, except as expressly provided for in the TOS are and shall remain the exclusive property of AVALON CAKES. Such rights include, but are not limited to, any and all trademark rights including rights to the marks AVALON CAKES, AVALON CAKES SCHOOL, AVALON CAKES SCHOOL OF SUGAR ART, all copyrights in and to the Website, and any proprietary rights used in providing the Service, including, but not limited to computer software and hardware interfaces. Site User cannot acquire any right, title, or interest in or to the above mentioned rights through Site User’s use of the Services or Website under this TOS or otherwise

18.2  Rights to Submissions and Other Information

By Site User’s use of the Services or Website, Site User hereby grants to AVALON CAKES a perpetual, nonexclusive, irrevocable worldwide license (with the right to sublicense) to use any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any profile, message board or chat group, (collectively “Submitted Information”), for marketing, promotional and other commercial purposes without any payment to Site User. Furthermore, Site User agrees that AVALON CAKES will have no obligation to keep any Submitted Information confidential. Site User will not bring a claim and hereby forever waives any and all claims against AVALON CAKES based on “droit moral”, moral rights, or any other legal or equitable theory from AVALON’s use of the Submitted Information.

18.3 Age

In order to use the Services, Site User must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If Site User is under the age of 18, but at least 13 years of age, Site User may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13. (Also, refer to 19.2 for physical product LICENSE AND ACCESS)

18.4 Monitoring

AVALON CAKES reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If AVALON CAKES determines, in its sole and absolute discretion, that you or another Website User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, AVALON CAKES may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to Site User or any third party.

18.5 Modification of the Service

AVALON CAKES reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website without any further notice to Site User. For certain changes to the TOS, AVALON CAKES may, at its option, notify Site Users by email at the email address in our then current records. If any modification is unacceptable to Site User, your only recourse is to discontinue the use of our Website and Services. Site User’s continued use of the AVALON CAKES Website following the posting of a change notice or new TOS on the Website will constitute affirmative and binding acceptance by Site User of the changes.

18.6 Third-Party Services

AVALON CAKES may, in its absolute discretion use third parties to provide certain Services.  These third party independent contractors and vendors and are not related to AVALON CAKES and AVALON CAKES does not exercise any control or supervision over such contractors and vendors or the Services that they provide. Site User agrees that AVALON CAKES will not be liable in any way for the use of such third party Services. These third parties may have their own terms of use and other policies which govern their Services. By utilizing these Services you agree to comply with such terms and policies.  In the event of a conflict between AVALON CAKES’ and a third party’s TOS, rules or policies, AVALON CAKES’ TOS, rules, or policies shall govern.

18.7 Compliance with TOS and Applicable Law

 

 

 

 

  1. Physical Products And Goods

19.1  License And Access

Any physical products or goods purchased from AVALON CAKES is for use by individuals 13 years of age or older. If you are under 18, you may only purchase physical products or goods from AVALON CAKES with involvement of a parent or guardian.

19.2  Transactions

If you wish to purchase any physical products or goods made available through AVALON CAKES (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to AVALON CAKES the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to pay all charges that may be incurred by you or on your behalf through AVALON CAKES, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions.

19.3  Products Offered

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on AVALON CAKES are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on AVALON CAKES does not imply or warrant that these products or services will be available..

19.4  Availability, Errors, And Inaccuracies

If an item is out of stock, AVALON CAKES may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if AVALON CAKES, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

AVALON CAKES acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. AVALON CAKES makes a conscientious effort to describe and display its products and services accurately on their website. Despite these efforts, items on AVALON CAKES may be unavailable. AVALON CAKES reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

19.5  Risk Of Loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased from AVALON CAKES passes to the purchaser upon delivery to the carrier.

19.6  Returns

If you are not fully satisfied with your purchase of a physical product or good from AVALON CAKES you may return it in accordance with the Return Policy. For further information regarding Avalon Cake’s Return Policy, please refer to our Return Policy page.

19.7  Export Policy

You agree that any purchased physical products or goods sold through AVALON CAKES are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing physical products or goods from AVALON CAKES, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act.

19.8  Disclaimers Of Warranties

AVALON CAKES cannot and does not represent or warrant that AVALON CAKES or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

AVALON CAKES AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AVALON CAKES (COLLECTIVELY, “AVALON CAKE’S CONTENTS”) ARE PROVIDED BY AVALON CAKES ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. AVALON CAKES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF AVALON CAKES, THE ACCURACY OR COMPLETENESS OF AVALON CAKES CONTENTS. AVALON CAKES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OF PHYSICAL PRODUCTS OR GOODS PURCHASED FROM AVALON CAKES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, AVALON CAKES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO AVALON CAKES AND AVALON CAKE’S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

19.9  Limitation Of Liability 

UNDER NO CIRCUMSTANCES SHALL AVALON CAKES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE ANY PHYSICAL PRODUCTS OR GOODS PURCHASED FROM AVALON CAKES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF AVALON CAKES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND AVALON CAKES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AVALON CAKES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). YOU ACKNOWLEDGE, BY YOUR PURCHASE OF ANY PHYSICAL PRODUCTS OR GOODS, THAT YOUR USE OF ANY PURCHASED PHYSICAL PRODUCTS OR GOODS FROM AVALON CAKES IS AT YOUR SOLE RISK. APPLICABLE LAW

MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

  1. Notice For California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding AVALON CAKES, or any physical products or goods purchased from AVALON CAKES please send an email to support@avaloncakes.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Applicable Law; Disputes

YOU AGREE THAT ALL MATTERS RELATING TO YOUR USE OF AVALON CAKES, ACCESS TO OR USE OF ANY PHYSICAL PRODUCTS OR GOODS PURCHASED FROM AVALON CAKES AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, UNITED STATES OF AMERICA, WITHOUT REGARD TO COLORADO’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF COLORADO LOCATED IN CLEAR CREEK COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH AVALON CAKES AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Site User must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when Site User uses the Services and the Website.

If you have any concerns about AVALON CAKES or your use of AVALON CAKES or any physical products or goods purchased from AVALON CAKES, please contact us with a detailed description, and we will try to resolve it.

 

Avalon Cakes Ltd.’S User Supplied Content Policy

 

Effective Date: August 5, 2015

 

Welcome to Avalon Cakes Ltd (“AVALON CAKES”) User Supplied Content Policy (“Content Policy”).  This policy governs all content Site Users whom up load to www.avalonckaesschool.com (the “Website”) for use with the Services provided by AVALON CAKES.  This policy is issued under AVALON CAKES’ Terms of Service (“TOS”).  Any capitalized terms not defined herein, shall have the same meaning ascribed to them in the TOS.  AVALON CAKES reserves the right to make changes to this policy at any time in its sole discretion.  You will be notified of changes in this policy as provided for in the TOS.

 

Ownership of User Supplied Content:

 

Site Users may only upload Content to the Website that you have legitimate rights to or have permission from the owner to use.  By uploading the content you are warranting to AVALON CAKES that you use of the Content in conjunction with the Services does not violate or infringe on any third party’s right in or to the Content.

 

Prohibited Content or Uses:

Additionally, you may not upload any User Supplied Content that is:

 

1) generally offensive or inappropriate as determined by AVALON CAKES in its  sole discretion;

2) obscene or pornographic;

3) libelous, slanderous or otherwise defamatory;

4) designed or intended to harass, threaten, or intimidate others;

5) in violation of any applicable, rule, law regulation or ordinance;

6) exploits the images or likeness of minors;

7) infringing on any right of a third party including, but not limited to any rights

relating to trademarks, copyrights, trade secret, trade dress, patent, right of

publicity, or rights of privacy.

Monitoring Content.

AVALON CAKES reserves the right to monitor the Content you upload to the website and remove or block any such content, in its absolute discretion, without any liability to you or any third party.

 

 

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