Please read this agreement carefully
("Agreement"). This Agreement states the terms and conditions under
which you may use the www.dreamcakesms.com website (the “Website”). By
accessing the Website you agree to the terms of this Agreement and you indicate
that you have had an opportunity to review the terms of this Agreement and
understand and intend that this Agreement is a legally binding contract. If you
do not agree with the terms of this Agreement, please exit the Website.
PROPRIETARY
RIGHTS NOTICES.
All text, graphics, logos, button icons, images and the selection and
arrangement of the content of this Website, as well as the computer programs
used to generate web pages and the Website are the exclusive property of Dream
Cakes Mississippi, its licensors and or affiliates, (collectively, “Dream Cakes
Mississippi”) and is protected by U.S. and international copyright, trademark,
patent and other laws, and may not be used, copied, modified, distributed,
transmitted, displayed, performed, reproduced, published, licensed, derived
from, transferred or sold without the express written permission of Dream Cakes
Mississippi. Dream Cakes Mississippi reserves any and all rights, in all media
and technologies existing now or later developed, not expressly granted in this
Agreement. Access to this Website with the intent to download information for
other than personal use will be considered an infringement of copyright and
prosecuted accordingly. If you obtain prior written permission from Dream Cakes
Mississippi to download material, you must retain all copyright and other
proprietary notices displayed on the materials. The deletion or alteration of
any copyright or other proprietary notices from this Website is strictly
forbidden.
The trademarks, service marks, designs, images and logos (collectively,
"Trademarks") displayed on this Website are the registered and
unregistered trademarks of Dream Cakes Mississippi. Your use of the Trademarks
displayed on this Website except as provided in this Agreement, is strictly
prohibited. Nothing in this Agreement shall be construed as granting to you a
license under any copyright, trademark, patent or other intellectual property
right of Dream Cakes Mississippi. Copyright
© 2005 Dream Cakes Mississippi, 1006 Top Street, Flowood, MS 39232 U.S.A.
TERMS
OF USE.
In exchange for entering into and complying with this Agreement Dream
Cakes Mississippi hereby grants you a non-exclusive and non-transferable
license to use the Website under the terms of this Agreement. This license is
not a sale of any of Dream Cakes Mississippi rights. The Website may be used
only by you, and you may not rent, lease, lend or sub-license its use or any
information or intellectual property of Dream Cakes Mississippi on the Website
or any of your rights under this Agreement. You agree to use this Website only
for personal, non-commercial, lawful purposes. Accordingly, as one of the terms
of this Agreement, you represent, warrant and agree that you will not use the
Website for any purpose or in any manner that is prohibited by this Agreement or
by applicable law. It is your responsibility to ensure that your use of the
Website complies with this Agreement and to seek prior written permission for
any uses not expressly permitted herein.
In connection with your use of the Website, you shall not: (1) post, transmit,
link, facilitate distribution of or promote any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, sexually explicit, obscene, hateful,
racially, ethnically or otherwise objectionable content; (2) harass, threaten,
embarrass, or cause distress, unwanted attention or discomfort upon another
person or entity; (3) upload files that contain software or other material
protected by law unless you own or control the rights thereto or have received
all necessary consents; (4) upload files that contain corrupted files, viruses
or any other similar software files the intent of which is to damage the
operation of another's computer; (5) post or transmit, or cause to be posted or
transmitted, chain letters, pyramid schemes, “junk mail,” “spam,” unsolicited
advertising, promotional materials, or other forms of solicitation to other
users, individuals or entities, except in those areas that are expressly
designated for such a purpose, or collect or harvest screen names of other users;
(6) impersonate any person or entity, including, a Dream Cakes Mississippi
official, or falsely state or otherwise misrepresent your affiliation with a
person or entity; (7) falsify the origin or source of software or other
material contained in a file that is uploaded; (8) violate any operating rule,
policy or guideline of any other interactive service offered by Dream Cakes
Mississippi, its licensors and or affiliates; (9) intentionally or
unintentionally violate any applicable law, rule or regulation having the force
of law; (10) modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Website; (11) use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Website or any activity being conducted on the Website;
(12) take any action which imposes an unreasonable or disproportionately large
load on this Website's infrastructure; (13) disclose or share any password for
the Website with any third party or using your password for any unauthorized
purpose; (14) use or attempt to use any engine, software, tool, agent or other
device or mechanism to navigate or search the Website other than the search
engine and search agents provided for your use by Dream Cakes Mississippi and
other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Internet Explorer); and/or (15) attempt to decipher, decompile,
disassemble or reverse engineer any software comprising or in any way making up
a part of the Website. The foregoing is not an exclusive list of the activities
or conduct prohibited in connection with this Website.
WEBSITE
SECURITY RULES.
You agree not to violate or attempt to violate, the security of this
Website, including: (1) accessing data not intended for your use or logging
into a server or account which you are not authorized to access; (2) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (3)
attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding," "mailbombing"
or "crashing"; or (4) forging any TCP/IP packet header or any part of
the header information in any email. Any such unauthorized access is a
violation of state and federal law and are strictly prohibited. Violations, and
attempted violations, of network security may result in civil and/or criminal
liability and will be prosecuted to the fullest extent of the law.
SECURITY
OF DATA TRANSMISSION AND STORAGE.
Electronic communications with Dream Cakes Mississippi may not be
encrypted. You acknowledge that there is a risk that data, including email,
electronic communications and personal data, may not be secure and may be
accessed by unauthorized third parties when communicated between you and Dream
Cakes Mississippi or between you and other parties. Dream Cakes Mississippi is
not responsible for, does not control, and disclaims all liability for, the
loss of any information, data or other assets resulting from the inadequacy,
failure, or mere lack or security of any network or other computer system owned
and or operated by you or other parties. Further, Dream Cakes Mississippi does
not guarantee the security or integrity of the Website or services provided
thereby and shall not be liable for the consequences of any breach of security
of the Website or any such services. Dream Cakes Mississippi strongly
recommends to all users that basic security measures such as firewalls,
password and registration information protections be maintained at all times,
as required by this Agreement, to protect proprietary and sensitive
information. If you have any questions regarding implementation of such protections,
please contact Dream Cakes Mississippi. Unless otherwise indicated for a
particular Service, any communications or material of any kind that you email,
post or otherwise transmit through the Website, including data, questions,
comments, or suggestions ("Communications") will be treated as
non-confidential and nonproprietary. You hereby unconditionally authorize Dream
Cakes Mississippi to reproduce, disclose, transmit, publish, broadcast, or post
your Communications either on the Website or elsewhere with no liability or
obligation to you. Dream Cakes Mississippi is free to use any ideas, concepts,
know-how, or techniques contained in your Communications for any purpose including,
but not limited to, developing and marketing products using such
information.
ADEQUATE
HARDWARE, SOFTWARE.
You understand that in order for the Website to perform properly, or at
all, you are solely responsible for the hardware, software or other technology
you use to access the Website. Dream Cakes Mississippi will not be responsible
for any service difficulties resulting from your failure to possess technology
adequate to use the Website.
MONITORING. Dream Cakes Mississippi is entitled, but not obligated, to review
or retain your activities on the Website including your activities and
Communications. Dream Cakes Mississippi may monitor your Communications to
evaluate the quality of service you receive, your compliance with this
Agreement, the security of the Website or for other reasons. You agree that
such monitoring will not entitle you to any cause of action or other right with
respect to the manner in which Dream Cakes Mississippi monitors your activities
and Communications and enforces or fails to enforce this Agreement or rules and
guidelines of any Dream Cakes Mississippi service. Dream Cakes Mississippi
reserves the right to modify, reject or eliminate any information residing on
or transmitted to its Website that it, in its sole discretion, believes is
unacceptable or in violation of this Agreement. In no event will Dream Cakes
Mississippi be liable for any costs, damages, expenses or any other liabilities
incurred by you as a result of Dream Cakes Mississippi’s monitoring.
REGISTRATION
INFORMATION AND PRIVACY.
Dream Cakes Mississippi is committed to safeguarding customer
information. Dream Cakes Mississippi will not share nonpublic information about
you with third parties without your consent, except as explained in our Privacy
Policy, the terms of which are incorporated herein by reference. When you
register for services, we may ask you to give us certain identifying
information ("Registration"). You agree to provide true, accurate,
current and complete information about yourself. By using this Website, you
represent that you have the requisite authority to enter into a binding legal
contract for the services, and make payment for such services, individually or
on behalf of any entity, partnership, association or other organization as a
partner, officer, director employee or agent with actual authority to so act on
behalf of the entity, partnership, association or other organization for whom
you have provided Registration information. Do not share your Registration
information (including passwords, usernames, and screen names) with any other
person. You alone are responsible for all messages posted, statements made, or
acts or omissions that occur within the Website through the use of your
Registration and access information, whether or not authorized by you. If you
believe that someone has used your Registration information to access the
Website without your authorization, please contact us immediately at (601) 932-7800.
NOTICES,
COMMUNICATIONS, AND ELECTRONIC SIGNATURES.
You agree to accept all communications from Dream Cakes Mississippi at
the addresses you provide during Registration. Please promptly update any
changes to your registration information by using the Update User Information
link or by contacting Dream Cakes Mississippi. Dream Cakes Mississippi is
entitled to rely on the most recent information that you have provided. You
agree to waive all claims resulting from failure to receive communications
because of changes in such information. From time-to-time Dream Cakes
Mississippi would like to send you information about its products and services.
If you register for Dream Cakes Mississippi services, you are granting Dream
Cakes Mississippi permission to communicate with you by email. You can opt not
to receive such information in the future by following the instructions below
or in any email that we send to you.
CHANGES
AND OTHER AGREEMENTS.
Dream Cakes Mississippi may revise this Agreement at any time, without
notice to you, and you agree to be bound by any such revisions. It is your
responsibility to visit the Terms and Conditions link at the bottom of the
Website periodically to review the most current version of this Agreement.
Dream Cakes Mississippi may also offer other services that may be governed by
different or additional terms and conditions, which are incorporated herein by
reference.
VALIDITY
AND ENFORCEABILITY.
You agree to be bound by this Agreement and any affirmation, assent or
agreement you transmit through the Website, including any consent to receipt of
communications through electronic transmission. You agree that, when you click
on an "I Agree" or other similarly worded buttons or entry fields,
your agreement or consent will be legally binding and enforceable and the legal
equivalent of your handwritten signature. You agree not to contest the validity
or enforceability of such agreement on the grounds that it is not in writing or
that it does not contain an original signature. You agree that such agreement,
if introduced as evidence on paper in any judicial, arbitration, mediation or
administrative proceedings, will be admissible as between the parties to the
same extent and under the same conditions as other business records originated
and maintained in documentary form. You agree not to contest the admissibility
of copies of such agreement under either the business records exception to the
hearsay rule or the best evidence rule on the basis that the agreement was not
originated or maintained in documentary form.
TERMINATION
OF ACCESS OR SERVICES.
Dream Cakes Mississippi reserves the right to modify, discontinue, or
terminate your access to this Website or any portion of it, in its sole
discretion, without notice and without limitation, for any reason whatsoever.
Dream Cakes Mississippi and the third party service providers shall have no
liability to you for terminating your access to the Website; provided, however,
that if such termination is without cause, Dream Cakes Mississippi will refund
the pro rata portion of any fee you may have paid for the portion of any
service not furnished to you as of the date of termination. You agree that
Dream Cakes Mississippi will not be liable to you or to any third party for any
modification, suspension or discontinuance of any service.
NO WARRANTY;
DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY AND DAMAGES. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. IN NO EVENT SHALL Dream Cakes Mississippi BE LIABLE
UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
WEBSITE (OR ANY LINKED, HOSTED OR CO-LOCATED WEBSITES), OR WITH THE DELAY OR
INABILITY TO USE THIS WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES DREAM CAKES
MISSISSIPPI’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW. DREAM CAKES MISSISSIPPI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT
OR SERVICE OFFERED THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL
ERRORS OR OUT-OF-DATE INFORMATION. NEITHER DREAM CAKES MISSISSIPPI NOR THIRD
PARTY SERVICE PROVIDERS GUARANTEE THE ACCURACY, QUALITY, TIMELINESS, AND
COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION OR WARRANT ANY RESULTS
FROM USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT NEITHER DREAM CAKES
MISSISSIPPI NOR THIRD PARTY SERVICE PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY
ACTION OR INACTION WITH RESPECT TO INFORMATION, CONTENT, OR CHANGES IN THE
WEBSITE.
AS A CONDITION TO ACCESSING AND USING THIS WEBSITE AND/OR SERVICES, YOU
EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST DREAM CAKES MISSISSIPPI
ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING
INFORMATION OR PROVIDING ANY SERVICES ON THE WEBSITE OR THROUGH DREAM CAKES
MISSISSIPPI. DREAM CAKES MISSISSIPPI, ANY THIRD PARTY PROVIDERS, AND ANY OTHER
PERSON INVOLVED IN TRANSMITTING INFORMATION THROUGH THE WEBSITE WILL NOT BE
LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH THAT ENTITY DOES NOT
HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL
EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR OTHER INTERCONNECT PROBLEMS;
BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER
HARDWARE OR SOFTWARE; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS;
PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES
RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH INTERMEDIATE COMPUTER OR
COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION
FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE; OR UNAUTHORIZED
ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL
DISASTERS OR LABOR DISPUTES. IN ADDITION, Dream Cakes Mississippi IS NOT
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE,
WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE
WEBSITE OR OUR SERVICES.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Dream Cakes
Mississippi, Third Party Providers, and each of their employees, contractors,
officers and directors from all liabilities, claims and expenses, including
attorney fees that arise from your use of the Website or Services. Dream Cakes
Mississippi reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you
hereunder. In such event, you shall have no further obligation to provide
indemnification for such matter. You agree that no joint venture, partnership,
employment or agency relationship exists between you and Dream Cakes
Mississippi as a result of this Agreement or your use of the Website or the
Services.
LINKS.
Dream Cakes Mississippi may provide links to other websites as part of
our Services. Dream Cakes Mississippi does not control these other websites, is
not responsible for them, and makes no representations as to their
availability, accuracy, content, quality, nature and copyright compliance or
any viruses accessed through them. The fact that Dream Cakes Mississippi
provides any such links is not an endorsement, authorization, sponsorship, or
affiliation with respect to such website, its owners, or its providers. There
are risks in using any information, software, or products found on the
Internet, and Dream Cakes Mississippi cautions you to make sure you understand
these risks before retrieving, using, relying upon, or purchasing anything via
the Internet. YOU AGREE THAT UNDER
NO CIRCUMSTANCES WILL YOU HOLD Dream Cakes Mississippi LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE
ON OTHER WEBSITES. In addition, you may not link this Website or any
of its web pages, services, information, content, Third Party Information, or
web pages of any Third Party Provider, or licensors or affiliates of Dream
Cakes Mississippi, to your website or any website of any other party.
OTHER
PROVISIONS.
This Agreement represents the entire binding agreement between us, and
our respective successors and assigns, and supersedes any and all prior
understandings, statements or representations, whether electronic, oral or
written, regarding Dream Cakes Mississippi, the Website or the information
thereon. No waiver of any obligation or right of either party shall be
effective unless in writing, executed by the party against whom it is being
enforced. You acknowledge that, in providing you with access to the Website and
Services, Dream Cakes Mississippi has relied upon your consent to be bound by
the terms of this Agreement and any user or license agreement(s) related to or
accompanying the Website and Services. You further acknowledge that you have
read, understand and agree to be bound by the terms of this Agreement or any
other agreement with Dream Cakes Mississippi that applies to your use of the
Website and our Services, as currently in effect and as amended from time to
time. This Agreement, and all future agreements you shall enter into with Dream
Cakes Mississippi, unless otherwise indicated, shall be governed by the laws of
the state of Mississippi, without regard to conflicts of law principles
thereof. This is the case regardless of whether you reside or transact business
with Dream Cakes Mississippi in Mississippi or elsewhere. Unless a dispute
would be governed by an applicable arbitration clause, you agree to submit to
the personal and exclusive jurisdiction of the courts located within Rankin
County, Mississippi. This Website is controlled, operated and administered from
the United States of America. Dream Cakes Mississippi makes no representation
that the information on the Website or services is appropriate, available or
legal for use outside the United States. You may not use the Website or our
Services or export the same from or through this Website in violation of U.S.
export laws and regulations. If you access this Website from a location outside
the United States, you are solely responsible for compliance with local laws.
Any provision of this Agreement that is determined to be invalid or
unenforceable will be ineffective to the extent of such determination without
invalidating the remaining provision of this Agreement or affecting the
validity or enforceability of such remaining provisions. Dream Cakes
Mississippi shall not be liable for any failure to perform its obligations in
connection with any services or access to the Website, where such failure
results from any act of God or other cause beyond its’ reasonable control (including,
without limitation, any mechanical, electronic or communications failure) which
prevents such party from transmitting or receiving any documents, accessing
information, Services or the Website. Headings or titles of the provisions
hereof are for convenience only and shall have no effect on the provisions of
this Agreement.
CONSENT
TO email COMMUNICATIONS AND OPTING OUT.
By accessing the Website or services, you are consenting to the receipt
of electronic mail (“email”) from Dream Cakes Mississippi. Dream Cakes
Mississippi may send you email about services, products it believes may be
of interest to you, your account, including regulatory communications and or
legal notices. You may opt-out of future email communication regarding products
and services by clicking Opt-Out below or by following instructions contained
in any email that you receive from us, however, Dream Cakes Mississippi
reserves the right to email you, and you consent to receive via email,
important information relating to regulatory communications and or legal
notices.
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