Terms of Use

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Cake and Lace is a wedding blog showcasing all things beautiful. The services offered by Cake and Lace include the Cake and Lace websites located at www.cakeandlace.com or any sub domain of www.cakeandlace.com (the “Cake and Lace Website”), and any other feature, content or applications offered from time to time by Cake and Lace in connection with the Cake and Lace Website (collectively, the “Cake and Lace Services”).

These Terms of Use (this “Agreement”) set forth the legally binding terms for your use of the Cake and Lace Services. By using the Cake and Lace Services, whether as a “Reader” (those who browse the Cake and Lace Website) or as a “User” (those who have registered with the Cake and Lace Website), you agree to be bound by this Agreement and the Cake and Lace PRIVACY POLICY. This Agreement includes your rights, obligations and restrictions regarding your use of the Cake and Lace Services, so please read it carefully. If you do not agree with the Terms of this Agreement, you should discontinue use of the Cake and Lace Services immediately. If you wish to become a User, submit content, video or images, communicate with other Users and generally make use of the Cake and Lace Services, you must read this Agreement and by using the Cake and Lace Website or registering with us, you are agreeing to comply with this Agreement.

Cake and Lace may modify this Agreement from time to time and each modification will be effective when it is posted on the Cake and Lace Website. You agree to be bound to any changes to this Agreement through your continued use of the Cake and Lace Services. You will not be notified of any modifications to this Agreement, so it is important that you review this Agreement regularly to ensure you are updated of any changes.

We urge you to think before you upload or submit content. This Agreement permits you to upload to or submit to the Cake and Lace Services only photos or other content that you own the copyright to or otherwise have the right to publish. By uploading or submitting photos or other content that you do not own the copyright to or do not otherwise have the right to publish, you may subject yourself to legal liability. It is your responsibility to ensure you have adequate rights to publish to the Cake and Lace Services all photos and other content you post.

Eligibility

Use of the Cake and Lace Services is void where prohibited. You must be eighteen (18) years of age or over to be a Reader or User of the Cake and Lace Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Cake and Lace Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Term

This Agreement shall remain in full force and effect while you use the Cake and Lace Services or are a User. Cake and Lace may terminate your use of the Cake and Lace Website or the Cake and Lace Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.

Non-Commercial Use by Members

The Cake and Lace Services are for the personal use of Readers and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Cake and Lace. Illegal and/or unauthorized use of the Cake and Lace Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Cake and Lace Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Cake and Lace Services.

User Content

Cake and Lace does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to or submit to the Cake and Lace Services. You represent and warrant that you own the User Content submitted by you to the Cake and Lace Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Cake and Lace the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Cake and Lace Services.

If part or whole of your submission is accepted by Cake and Lace, you hereby grant to Cake and Lace a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify, re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on the Cake and Lace Services and in any Cake and Lace publication will include attribution to the photographer and/or copyright holder.

This license will terminate at the time you remove your User Content from the Cake and Lace Services except as to any User Content that Cake and Lace has sub-licensed prior to the removal of your User Content from the Cake and Lace Services, which license shall continue in perpetuity. Cake and Lace will not remove any features from the Cake and Lace Services once they are published, but you may request for your User Content to be removed. To remove User Content, please send a request to [email protected]and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Cake and Lace Website. We will remove the item(s) as quickly as possible.

The Cake and Lace Services contain Content owned by Cake and Lace (“Cake and Lace Content”). Cake and Lace Content is protected by copyright, trademark, and other laws, and Cake and Lace owns and retains all rights in the Cake and Lace Content and the Cake and Lace Services. Cake and Lace hereby grants you a limited, revocable, non-sub-licensable license to view the Cake and Lace Content (excluding any software code) solely for your personal use in connection with viewing the Cake and Lace Website and using the Cake and Lace Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Cake and Lace Content appearing on or through the Cake and Lace Services.

The Cake and Lace Services contain Content of other Users and other Cake and Lace licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Cake and Lace Website and using the Cake and Lace Services pursuant to the terms contained herein. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Cake and Lace Services.

Content Uploaded or Submitted

Please choose carefully the User Content that you upload to or submit to the Cake and Lace Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to or submit to the Cake and Lace Services or any User Content that violates this Agreement or that is contrary to the purposes of the Cake and Lace Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to or submit to the Cake and Lace Services or include in your Cake and Lace Vendor Profile(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.

Cake and Lace does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to the Cake and Lace Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Cake and Lace Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Cake and Lace assumes no responsibility or liability for this material. Cake and Lace makes no warranties, express or implied, as to any aspect of the User Content uploaded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Readers via the Cake and Lace Services. If you become aware of any inappropriate User Content on the Cake and Lace Services or any misuse of the Cake and Lace Services by any person, please contact Cake and Lace at [email protected].

Prohibited Content

Cake and Lace reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Cake and Lace Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Cake and Lace or others (including without limitation Third Party Content or Cake and Lace Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our Users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Cake and Lace Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Cake and Lace Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

User Disputes

You are solely responsible for your interactions with other Cake and Lace Users. Cake and Lace reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.

Privacy

Use of the Cake and Lace Services is also governed by our PRIVACY POLICY and incorporated into this Agreement by this reference.

Promotions and Giveaways

From time to time, Cake and Lace will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with. Cake and Lace encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.

Disclaimer of Warranties

The Cake and Lace Service is provided to you on an “as is” and “as available” basis without representations or warranties of any kind and Cake and Lace expressly disclaims any and all implied or statutory warranties to the maximum extent permitted by applicable law, including without limitation implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from the Cake and Lace Website or Cake and Lace Services shall create any warranty not expressly stated in the Terms of Use.

Without limiting the generality of the foregoing, Cake and Lace is not responsible for any incorrect or inaccurate Content posted on the Cake and Lace Website or in connection with the Cake and Lace Services. User Content created and posted on the Cake and Lace Website may contain links to other websites. Cake and Lace is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Cake and Lace. Inclusion of any linked website on the Cake and Lace Services does not imply approval or endorsement of the linked website by Cake and Lace. When you access these third-party sites, you do so at your own risk. Cake and Lace takes no responsibility for third party advertisements which are posted on this Cake and Lace Website or through the Cake and Lace Services, nor does it take any responsibility for the goods or services provided by its advertisers. Cake and Lace is not responsible for the conduct, whether online or offline, of any User of the Cake and Lace Services. Cake and Lace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Cake and Lace is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Cake and Lace Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Cake and Lace Services. Under no circumstances shall Cake and Lace be responsible for any loss or damage, including personal injury or death, resulting from use of the Cake and Lace Services, attendance at a Cake and Lace event, from any Content posted on or through the Cake and Lace Services, or from the conduct of any Users of the Cake and Lace Services, whether online or offline. Cake and Lace cannot guarantee and does not promise any specific results from use of the Cake and Lace Services.

Limitation of Liability

In no event shall Cake and Lace or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Cake and Lace be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Services, even if Cake and Lace has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Cake and Lace’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, paid by you to Cake and Lace for the Cake and Lace Services during the term of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Cake and Lace shall not be liable for User Content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Some jurisdictions do not allow limitations or implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Disputes; Choice of Law; Venue

If there is any dispute about or involving the Cake and Lace Services, you agree that the dispute shall be governed by the laws of the United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. Effective September 10, 2016, if there is any dispute about or involving the Cake and Lace Services, you agree that the dispute shall be governed by the laws of the United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue.

Indemnity

You agree to indemnify and hold harmless Cake and Lace, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Cake and Lace Services in violation of this Agreement and/or arising from: (i) your use of and access to the Cake and Lace Website; (ii) your violation of any term of these Terms of Use; (iii) your use of the Cake and Lace Services in violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Cake and Lace Website and/or the Cake and Lace Services.

Other

This Agreement is accepted upon your use of the Cake and Lace Website or any of the Cake and Lace Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Cake and Lace regarding the use of the Cake and Lace Services. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.

Waiver and Severability of Terms

The failure of Cake and Lace to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Statute of Lmiitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Cake and Lace Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please report any violations of these Terms of Use to us by emailing us at [email protected].

Last Updated: September 10, 2016