Terms and Conditions
Welcome to the 5A Concepts, LLC website (the "Website") for its licensed Cupcake SCENEsations® branded products. 5A Concepts, LLC ("5A", "we", "us" or "our") provides the services available on the Website to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Accuracy of Information: We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions or colors, or other content, set forth or available on the Website are accurate, complete, reliable, current, or error-free.
Intellectual Property: All content available on the Website, including, but not limited to, text, graphics, images, logos, button icons, and the compilation thereof (collectively the "Content") is and remains the property of 5A Concepts, LLC or our licensors, and is protected by United States and international copyright and other intellectual property laws. The trademarks, service marks and logos, displayed on the Website (collectively, the "Trademarks") are and remain the registered and/or common law marks of Simply Social, LLC, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by Simply Social, LLC, 5A Concepts, LLC, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth herein, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, distributed, leased, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. All rights not expressly granted herein are reserved by us.
Limited License: We grant you a limited, revocable, and non-exclusive license to access and make individual, private and non-commercial use ("Personal Use") of the Website subject to these Terms and Conditions. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth herein does not include the right to: (i) modify or download the Website or any Trademarks or Content or any other portion of the Website (except caching or as necessary to view any of the foregoing); (ii) make any use of the Website or any Trademarks or Content or any other portion of the Website other than Personal Use; (iii) create any derivative work based upon either the Website or any Trademarks or Content or any other portion of the Website; (iv) collect account information for your benefit or the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or any Trademarks or Content or any other portion of the Website without our express written consent; or (vi) use software "robots", "spiders", "crawlers", or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We grant you a limited, revocable, and nonexclusive right to create a hyperlink to only the home page of the Website for Personal Use only. A website that links to our Website (i) may link to, but not replicate, any Trademarks or Content or any other portion of the Website; (ii) may not expressly state or imply that we are endorsing such website or its content or services or products; (iii) may not represent or imply that any relationship exists with us or misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, pornographic, offensive or controversial, and may contain only content appropriate for all ages; (v) may not refer to us or any Trademarks or our products or services without our prior written approval, or portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without our prior express written permission; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, and at any time request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Website or any Trademarks or Content or any other portion of the Website terminates the limited license set forth herein without prejudice to any other remedy provided by applicable law.
Third Party Links: We are not responsible for the content or operation of any product or service referred to on any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating and do not undertake to examine or evaluate, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit and/or to which you link.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that your Submission is an original work of authorship. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission or any claims that your Submission violates any third party rights.
Representations and Warranties; Limitation of Liability: THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, ITS CONTENT OR ANY OTHER PORTION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE UNDER APPLICABLE LAW.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR ANY DAMAGES WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification: You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting or arising from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software "robots", "spiders", "crawlers", or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes: With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Texas. Any dispute relating in any way to your visit to or use of the Website shall be submitted to confidential arbitration in Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to or consolidated with an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.