The Capital Cupcakes Web Site is comprised of various Web pages operated by Capital Cupcakes.
The Capital Cupcakes Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Capital Cupcakes Web Site constitutes your agreement to all such terms, conditions, and notices.
Capital Cupcakes reserves the right to change the terms, conditions, and notices under which the Capital Cupcakes Web Site is offered, including but not limited to the charges associated with the use of the Capital Cupcakes Web Site.
LINKS TO THIRD PARTY SITES
The Capital Cupcakes Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Capital Cupcakes and Capital Cupcakes is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Capital Cupcakes is not responsible for webcasting or any other form of transmission received from any Linked Site. Capital Cupcakes is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capital Cupcakes of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Capital Cupcakes Web Site, you warrant to Capital Cupcakes that you will not use the Capital Cupcakes Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Capital Cupcakes Web Site in any manner which could damage, disable, overburden, or impair the Capital Cupcakes Web Site or interfere with any other party's use and enjoyment of the Capital Cupcakes Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Capital Cupcakes Web Sites.
MATERIALS PROVIDED TO Capital Cupcakes OR POSTED AT ANY Capital Cupcakes WEB SITE
Capital Cupcakes does not claim ownership of the materials you provide to Capital Cupcakes (including feedback and suggestions) or post, upload, input or submit to any Coastal Cupcakes Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Coastal Cupcakes, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Capital Cupcakes is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Capital Cupcakes's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Capital Cupcakes WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Capital Cupcakes AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Capital Cupcakes WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Capital Cupcakes WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Capital Cupcakes AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Capital Cupcakes WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Capital Cupcakes AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Capital Cupcakes reserves the right, in its sole discretion, to terminate your access to the Capital Cupcakes Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Polk County, Iowa, U.S.A. in all disputes arising out of or relating to the use of the Capital Cupcakes Web Site. Use of the Capital Cupcakes Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Capital Cupcakes as a result of this agreement or use of the Capital Cupcakes Web Site. Capital Cupcakes's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Capital Cupcakes's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Capital Cupcakes Web Site or information provided to or gathered by Capital Cupcakes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Capital Cupcakes with respect to the Capital Cupcakes Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Capital Cupcakes with respect to the Capital Cupcakes Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.