Terms of Use
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User Content You may have the opportunity to submit comments, feedback, or other content to the Site ("User Content"). By submitting User Content, you grant Sugar Plum Bakery a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any form, media, or technology now known or hereafter developed. You agree that User Content will not:
- Infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
- Contain any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
- Sugar Plum Bakery reserves the right to remove any User Content from the Site at any time without notice.
- Intellectual Property All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Sugar Plum Bakery or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from the Site without the prior written consent of Sugar Plum Bakery.
- Links to Third-Party Sites The Site may contain links to third-party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by Sugar Plum Bakery of the contents on such third-party websites. Sugar Plum Bakery is not responsible for the content or practices of third-party websites and makes no representation or warranty regarding such websites.
- Limitation of Liability in no event shall sugar plum bakery be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if sugar plum bakery has been advised of the possibility of such damages), resulting from your use of the site.
- Indemnification You agree to indemnify, defend, and hold harmless Sugar Plum Bakery and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Site or your violation of these Terms of Use.
- Termination Sugar Plum Bakery reserves the right to terminate or suspend your access to the Site without prior notice for any reason, including, without limitation, if we believe that you have violated these Terms of Use or engaged in any conduct that may be harmful to Sugar Plum Bakery or other users.
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Community Guidelines While using the Site, you agree to abide by our community guidelines:
- Be respectful: Treat others with respect and kindness in all interactions on the Site.
- No spam: Do not engage in spamming or solicitation on the Site.
- No illegal activities: Do not use the Site for any illegal activities or to promote illegal activities.
- No impersonation: Do not impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
- Report abuse: If you encounter any abusive or inappropriate behavior on the Site, please report it to us immediately.
- Feedback We welcome your feedback, comments, and suggestions regarding the Site. However, any feedback, comments, or suggestions you provide shall be deemed non-confidential and non-proprietary. Sugar Plum Bakery shall be free to use such feedback, comments, or suggestions without any obligation to you.
- Accessibility Sugar Plum Bakery is committed to ensuring that the Site is accessible to all users, including those with disabilities. If you encounter any accessibility issues while using the Site, please contact us at [email protected] so that we can assist you.
- Entire Agreement These Terms of Use constitute the entire agreement between you and Sugar Plum Bakery regarding your use of the Site, superseding any prior agreements between you and Sugar Plum Bakery relating to your use of the Site.
- Severability If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
- Assignment These Terms of Use are personal to you and may not be assigned or transferred by you without the prior written consent of Sugar Plum Bakery. Sugar Plum Bakery may assign or transfer these Terms of Use without restriction.
- Updates and Modifications At Sugar Plum Bakery, we are committed to providing you with the best possible experience on our website. Therefore, we may periodically update or modify the Site, including these Terms of Use, to improve functionality, enhance security, or comply with legal requirements. You acknowledge and agree that Sugar Plum Bakery may make such updates or modifications at any time without prior notice, and your continued use of the Site after any changes will constitute your acceptance of such changes.
- Third-Party Services While using the Site, you may encounter links to third-party services, products, or websites that are not operated or controlled by Sugar Plum Bakery. These third-party services are provided for your convenience, but Sugar Plum Bakery does not endorse, warrant, or guarantee the accuracy, reliability, or quality of any content, products, services, or materials provided by such third parties. You acknowledge and agree that Sugar Plum Bakery shall not be responsible for any damages or losses arising from your use of or reliance on any third-party services.
- Geographic Restrictions Sugar Plum Bakery operates the Site from the United States. We make no representation that the content or services offered on the Site are appropriate or available for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
- International Users If you are accessing the Site from a location outside the United States, you agree to comply with all local laws regarding online conduct and acceptable content. You also agree to comply with all applicable export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
- Reservation of Rights Sugar Plum Bakery reserves all rights not expressly granted to you in these Terms of Use. These rights include, but are not limited to, the right to terminate, suspend, or modify the Site or any part thereof, without liability to you or any third party.
- No Agency Nothing in these Terms of Use shall be construed as creating any agency, partnership, joint venture, employment, or other similar relationship between you and Sugar Plum Bakery.
- Force Majeure Sugar Plum Bakery shall not be liable for any failure or delay in performance of its obligations under these Terms of Use if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or governmental actions.
- Interpretation These Terms of Use shall be interpreted in accordance with their plain meaning and without any presumption or inference against the party drafting such terms.
- Language The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party. Any inconsistencies or ambiguities in these Terms of Use shall not be construed against the drafting party.
- Entire Agreement These Terms of Use constitute the entire agreement between you and Sugar Plum Bakery regarding your use of the Site and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to the subject matter hereof.
- Binding Arbitration In the event of any dispute arising out of or relating to these Terms of Use or your use of the Site, you agree to first attempt to resolve the dispute informally by contacting Sugar Plum Bakery. If the dispute cannot be resolved informally, you agree to resolve any claims exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, unless otherwise agreed by both parties. The decision of the arbitrator shall be final and binding upon both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Class Action Waiver You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action against Sugar Plum Bakery or its affiliates.
- Acknowledgment By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these terms, please discontinue your use of the Site immediately.
- Contact Us If you have any questions about these Terms of Use, please contact us at [email protected].
- By using the Site, you agree to these Terms of Use. If you do not agree with these Terms of Use, please do not use the Site.
- Last updated: March 13, 2024