USER
AGREEMENT
(“Agreement”)
ACCEPTANCE
OF TERMS THROUGH USE
By using this
site or by clicking “I agree” to this Agreement, you
(“User”) signify your agreement to these terms and conditions.
If you do not agree to this Agreement please do not use this site
and do not click “I agree”. Please check this Agreement
periodically for changes as the owner of this site Cinderella Cheesecake
Company Inc (“Company”) reserves the right to revise
this Agreement and your continued use of this site following the
posting of any changes to the Agreement constitutes acceptance of
such changes. The Company reserves the right to terminate a User’s
use of this site at any time without notice and may do so for any
breach of this Agreement or the instructions on this site by User.
This Agreement applies to licensors and advertisers as well.
YOU
MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement
must be completed, understood and agreed to by a person over 18.
If a parent or guardian wishes to permit a person under 18, and
under his or her supervision, to use this site, he or she should
email the Company with his or her explicit permission and acceptance
of full legal responsibility for the minor to do so. If you are
not yet 18, if you are easily offended, or are accessing this site
from any country where material on this site is prohibited or illegal,
please leave now as you do not have permission to access this site.
LICENSE
TO USE THIS SITE
Upon your agreement
to this Agreement, the Company hereby grants you a non-exclusive,
non-transferable limited license to use this site in strict accordance
with the terms and conditions in this Agreement and as permitted
via instructions on this site. You agree not to make any false or
fraudulent statements in your use of or to gain access to this site.
You acknowledge and agree that all content and services available
on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks,
service marks, patents, trade secrets, and other proprietary rights
and laws, in the U.S. and internationally. All rights not expressly
granted herein are fully reserved by the Company, its advertisers
and licensors. You agree to pay for any and all purchases and services
made using your name and credit card through this Site, not to challenge
any such charges and to pay for all collections and/or attorneys
fees resulting from any non-payment.
LICENSE
RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree
not to save, download, cut and paste, sell, license, rent, lease,
modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works
from materials, code or content on or from this site. Systematic
retrieval of data or other content from this site to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from the Company is prohibited. In addition,
use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
Security
You agree that
if you are issued a Username and Password by the Company, you shall
use your best efforts to prevent access to this site through your
Username and Password by anyone other than yourself, including but
not limited to, keeping such information strictly confidential,
notifying the Company immediately if you discover loss or access
to such information by another party not under your control and
supervision, and by using a Username and Password not easily guessed
by a third party.
You agree that
you shall not try to reverse engineer, reverse assemble, reverse
compile, decompile, disassemble, translate or otherwise alter any
executable code, contents or materials on or received via this site.
You understand that such actions are likely to subject you to serious
civil and criminal legal penalties and that the Company shall pursue
such penalties to the full extent of the law to protect its rights
and the rights of its other licensors.
International
Users
Accessing this
site, and services, products or contents available on this site,
except as expressly allowed through instructions and truthful statements
by the User in regard to use of this site, from places outside the
U.S. or where their contents are illegal, is prohibited. Those who
choose to access this site from other locations do so knowingly
on their own initiative and voluntarily at their own risk and are
responsible for compliance with local laws. None of the information
on this site may be downloaded, exported or reexported into Libya,
Iraq, North Korea, Cuba, the National Union for the Total Independence
of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia,
the Taliban, Sierra Leone, Liberia, designated Terrorists and international
Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated
foreign persons who have engaged in activities related to the proliferation
of weapons of mass destruction or any other country with restrictions
imposed by the U.S. Government. By using this site, you agree that
you are not a citizen of or a resident in any of these countries.
Export
You agree that
you shall comply with all applicable export and import control laws
and regulations in your use of this site, or materials or services
received through this site, and, in particular, you shall not export
or re-export anything on or received through this site in violation
of local or foreign export laws and/or without all required U.S.
and foreign government licenses.
Government
Use.
If you are a
branch or agency of the U.S. Government, the following provision
applies. This site, code, contents, services and accompanying documentation
are comprised of "commercial computer software" and "commercial
computer software documentation" as such terms are used in
48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government
(i) for acquisition by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition
by or on behalf of units of the Department of Defense, consistent
with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and
227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright
laws of the United States.
USER'S
LICENSE GRANT TO SITE
Except with
regard to personal information, all information which you post on
this site or communicate to the Company through this site (collectively
“Submissions”) shall forever be the property of the
Company. You agree to the Site Submission Rules found here as part
of this Agreement if provided on the site by the Company. The Company
shall not treat any submission as confidential and shall not incur
any liability as a result of any similarities that may appear in
future Company services or products. Without limitation, the Company
shall have exclusive ownership of all present and future existing
rights to any Submission of every kind and nature everywhere. You
acknowledge that you are fully responsible for the message, including
its legality, reliability, appropriateness, originality and copyright.
You hereby represent and warrant that your Submission does not infringe
the rights of any third party.
TRADEMARKS
The Company’s,
licensors’ or other third party materials, services or products
referenced on this site are common law or registered trade marks
or service marks of such parties.
THIRD
PARTY SITES
You may be transferred
to online merchants or other third party sites through links or
frames from this site. You are cautioned to read such sites’
Terms and Conditions and/or Privacy Policies before using such sites
in order to be aware of the terms and conditions of your use of
such sites. These sites may contain information or material that
is illegal, unreasonable or that some people may find inappropriate
or offensive. These other sites are not under the control of the
Company, are not monitored or reviewed by the Company, and the Company
is not aware of the contents of such sites. You acknowledge that
the Company is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the contents or any transmissions
received through such sites. The inclusion of such a link or frame
does not imply endorsement of this site by the Company, its advertisers
or licensors, any association with its operators and is provided
solely for your convenience. You agree that the Company and its
licensors have no liability whatsoever from such third party sites
and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY,
ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON
OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE
COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES
WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH
THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT
HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER
THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT
THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF
YOUR JURISDICTION.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY
TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to
defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their
employees, contractors, officers, agents and directors from all
liabilities, claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information or
products from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with the Company in asserting
any available defenses.
LEGAL
COMPLIANCE
Company may
suspend or terminate this Agreement or User’s use immediately
upon receipt of any notice which alleges that User has used this
site for any purpose that violates any local, state, federal or
law of other nations, including but not limited to the posting of
information that may violate third party rights, that may defame
a third party, that may be obscene or pornographic, that may harass
or assault others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or employees.
In such event, Company may disclose the User’s identity and
contact information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action, and Company
shall not be liable for damages or results thereof and User agrees
not to bring any action or claim against Company for such disclosure.
CHOICE
OF LAW AND FORUM
This site (excluding
third party linked sites) is controlled by the Company from its
offices within the State of New Jersey, U.S. of America. It can
be access from all 50 states as well as from other countries around
the world to the extent permitted by site. As each of these places
has laws that may differ from State of New Jersey, by accessing
this site, both you and the Company agree that the statues and laws
of the State of New Jersey shall apply to any actions or claims
arising out of or in relation to this Agreement or your use of this
site, without regard to conflicts of laws principles thereof. You
and the Company also agree and hereby submit to the filing of any
claim only in the exclusive personal jurisdiction and venue of State
of New Jersey and any legal proceedings shall be conducted in English.
The Company makes no representation that materials on this site
are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited.
This Agreement shall not be governed by the United Nations Convention
on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement
incorporates by reference the Site Submission Rules if this site
allows posting and posts such Rules. This Agreement constitutes
the entire agreement between the parties related to the subject
matter thereof, supersedes any prior or contemporaneous (oral, written
or electronic) agreement between the parties and shall not be changed
except by written agreement signed by an officer of the Company.
If any provision of this Agreement is prohibited by law or held
to be unenforceable, the remaining provisions hereof shall not be
affected, and this Agreement as much as possible under applicable
law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable
provision shall be automatically amended so as to best accomplish
the objectives of such unenforceable provision within the limits
of applicable law. User shall not assign or transfer this Agreement
and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise
transmit information to or through this site, or which may be seen
by other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including
text, communications, video, software, images, sounds, data, or
other information -- that:
· is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
obscene, sexually explicit or graphic, or otherwise in violation
of this site’s rules or policies;
· victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
· infringes any patent, trade mark, service mark, trade secret,
copyright, moral right, right of publicity, privacy or other proprietary
right of any party;
· constitutes unauthorized or unsolicited advertising, junk
or bulk e-mail (also known as "spamming"), chain letters,
any other form of unauthorized solicitation, or any form of lottery
or gambling;
· contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data
or other information of any third party; or
· impersonates any person or entity, including any employee
or representative of this site, its licensors or advertisers.
You also agree
that you shall not harvest or collect information about the users
of this site or use such information for the purpose of transmitting
or facilitating transmission of unsolicited bulk electronic e-mail
or communications for any other commercial purpose of your own or
a third party.
You further
agree that you shall not solicit or collect information, or attempt
to induce any physical contact with, anyone 18 years old or younger
without appropriate prior verifiable express parental consent.
This site generally
does not pre-screen, monitor, or edit the content posted by users
of this site. However, this site and its agents have the right,
at their sole discretion, to remove any content that, in this site’s
sole judgment, does not comply with the Site Submission Rules or
is otherwise harmful, objectionable, or inaccurate. This site is
not liable for any failure, delay, damages or results, in removing
such content.
You agree that
your use of this site may be suspended or terminated immediately
upon receipt of any notice which alleges that you have used this
site in violation of these Rules and/or for any purpose that violates
any local, state, federal or law of other nations, including but
not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate
hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that
the owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result
of a subpoena or other legal action, and the owner of this site
shall not be liable for damages or results thereof, and you agree
not to bring any action or claim against the owner of this site
for such disclosure.
This site reserves the right to revise these Site Submission Rules
at its discretion, so check back from time to time to be sure you
are complying with the current version.
PRIVACY
POLICY
Adopted 8-22-06
Our Commitment to Privacy
Our Privacy
Policy was developed as an extension of our commitment to combine
quality products and services with integrity in dealing with our
users. The Policy is designed to assist you in understanding how
we collect, use and safeguard the personal information you provide
to us and to assist you in making informed decisions when using
our site and our products and services.
What
Information Do We Collect?
When you visit
our site you may provide us with two types of information: personal
information you actively choose to disclose (“Active Information”)
and use information collected, in a way not visible to you, on an
aggregate anonymous basis as you and others browse our site (“Passive
Information”).
No
Use of Our Site by Persons Under 13
No person under
13 should disclose information on this site. You may learn more
about protecting children’s privacy online by visiting www.ftc.gov/kidzprivacy
.
Active
Information You Choose to Provide
In order to
gain use of the site (become a “user”), we require you
to disclose the following information:
postal address, phone number, email address, shipping addresses
of yourself or gift recipient, credit card account numbers and expiration
dates.
We use secure
socket layer (SSL) encryption to protect the transmission of the
information you submit to us when you use our secure online forms.
The information you provide to us is stored securely.
If you choose
to post information on our site or maintain email, snailmail or
telephone contact with us, we may retain such information also and
its transmission via email is not secured.
Passive
Information Collected
What
is a Cookie?
Cookies are
a feature of web browser (Internet Explorer, Netscape Navigator,
etc.) software that allows web servers to recognize the computer
used to access a site. They are small pieces of data that are stored
by a user’s web browser on one site to simplify subsequent
interactions with that site by the same user or to use the information
to streamline the user’s transaction on related web pages.
This makes it easier for a user to move from site to site and to
complete transactions over the Internet. Cookies should make your
online experience easier and more personalized.
Our site utilizes
cookies to collect information about how our site is used. Passive
Information gathered may include the date and time of visits, the
site pages viewed, time spent at our site, the sites visited just
before and just after our site. If you do not wish to transmit “cookie”
information about yourself, you may turn off the cookie function
in your web browser; please consult the “Help” section
of your browser to correctly do so.
Our site’s
servers also automatically identify your computer by its Internet
Protocol address which is a unique string of numbers that is assigned
to your computer by your Internet Service Provider. Your IP address
may be used to address problems with our server or administer our
site or to gather broad demographic information about our users.
Information
obtained passively includes but is not limited to: physical location
of IP address, time and date of use, number of repeat visits, number
of pages viewed, URL of pages viewed, and information regarding
your browser type and your entrance to our site.
How Do We Use the Information Collected?
Broadly speaking,
persons we employ directly, or as contractors or agents at our direction,
use Active Information for purposes of administering our business
activities, providing customer services such as support, and making
available other products or services we think may be of interest
to our users. We may use the Active Information or Passive Information
you provide to us to contact you about changes to our site, new
services, features or products we offer, or other information we
think you shall find valuable. If at any time you do not wish to
receive such information, you may “opt-out” of doing
so by sending an email to us at info@cinderellacheesecakecoinc.com
We use Passive
Information to gather information about our users and to enhance
and design our site to make it easier, faster and friendlier to
use. Additionally, cookies help us know information about how many
people visit our site, when they visit and how they use our service.
Passive Information may result in your viewing of particular advertising
based on your user habits for your viewing on our site and a shopping
experience customized to you in content, services and goods.
Your
Information In Relation to Others We Link To
You may be able
to access other websites through our site. When you do so you are
doing so subject to their policies regarding privacy and data collection
and you should read those sites’ privacy policies to make
sure you agree to them before using such sites. When you choose
to shop at such sites, you should read their privacy policies to
make sure you agree to them before making purchases.
Sharing
Information with Advertisers or Other Third Parties
We may disclose
anonymous information about user habits, characteristics and user
patterns, based on aggregate user statistics to advertisers on our
site. The parties who perform services for us (credit card processors,
merchant bank, our Internet Service Provider) may also have access
to your information in performing such services. Should we buy or
sell assets of our company, another company may need to review our
company’s assets, including your information, to make business
decisions as to whether to acquire such assets. Companies sharing
in this information may include: Google, Yahoo, Overture.com, Host
My Site LLC, Storefront.net, and VisionLine Media Inc.
Sharing
Information with the Government or As Otherwise Required by Law
We may be required
by subpoena, law or government agency to disclose both Active and
Passive Information you have provided to us to The United States
Federal Government, New Jersey State Government, Burlington County
Government, and the City of Riverside, New Jersey.
How
Do We Secure Active Information and Passive Information?
We secure your
personal information submitted by you by using reasonable efforts
to prevent unauthorized access or disclosure, or accidental loss
or destruction of Active Information and Passive Information. Your
postings on this site and other communications you may have with
us via email or snailmail may not be secure unless we advise you
that security measures are in place prior to your sending information.
Therefore, if you choose to communicate with us through these means,
you are assuming the risk of doing so and we request that you do
not send or post sensitive information through these means.
How Can You
Choose Not to Receive Information About Products or Services By
Us or to Correct, Delete or Access Your Information
If you desire
not to receive information about products or services we think may
be of interest to you or if you wish to access, delete or correct
you information, please send us an email to info@visionlinemedia.com
YOUR USE OF
OUR SITE MEANS THAT YOU ARE ACCEPT THE PRACTICES SET FORTH IN THIS
POLICY. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE POLICY BY POSTING
THE NEW VERSION WITH A NEW EFFECTIVE DATE. YOUR CONTINUED USE INDICATES
YOUR AGREEMENT TO THE CHANGES.
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