Terms of Use
Welcome to MarlosBakeshop.com (“Website”). This Website is owned by Marlo’s Bakeshop, LLC (“Marlo’s Bakeshop”).
When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these Terms of Use (“Terms”).
Modifications to the Terms of Use
Marlo’s Bakeshop may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior of each use of the Website and by continuing to use the Website, you agree to any changes.
Users
You must be an individual of eighteen (18) years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions. If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information.
Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Marlo’s Bakeshop on the Website or otherwise disclosed, submitted or offered to Marlo’s Bakeshop (collectively, “Comments”) shall be and remain Marlo’s Bakeshop property which we may use for any purpose including commercial purposes. By submitting or uploading your Comments, you automatically and irrevocably grant Marlo’s Bakeshop a non-exclusive, worldwide, royalty-free license to your Comments, including, but not limited to, all copyrights and other intellectual property in your Comments. You further agree that Marlo’s Bakeshop will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, paraphrase, display, host, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of the Comment or portions of the Comment, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using your Comment.
You agree that no Comments submitted by you to Marlo’s Bakeshop will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
User Guidelines and Prohibited Conduct
You may not publish to the Website any Comment or send a gift card message (“Message”) using our service that is threatening, harassing, libelous, defamatory, obscene, pornographic, abusive, invasive of privacy or publicity rights, or otherwise illegal material. In order to make the Messages appropriate and Comments useful and interesting, the following guidelines have been established for users, commenters and message senders:
• Do not upload to, or distribute or otherwise publish any Comment or Message that could violate, or could facilitate the violation of, any applicable law or regulation;
• Do not upload to, or distribute or otherwise publish any Comment or Message that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
• Do not impersonate of any person or entity in any part of any Message or Comment.
• Do not threaten or verbally abuse any other users of the Service, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
• Do not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. Like any community, the online conversation flourishes only when our Members feel welcome and safe.
• Do not intentionally make false or misleading statements.
• Do not post material that infringes copyright.
• Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
• Keep all Comments relevant to Marlo’s Bakeshop where the Comment is being posted.
• Do not interfere with or take any action to circumvent or defeat the security of the Website or the Website itself.
• Do not transmit or transfer (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control law.
Marlo’s Bakeshop will not accept responsibility for information posted in the Comments or Messages. We may, but are not obligated to, restrict or remove any and all content from a Message or Comment that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Marlo’s Bakeshops customers, or any third party.
Privacy
Marlo’s Bakeshop does not share, sell, or rent your personal information with any person or organization without your advance permission or unless ordered by a court of law. Information submitted to Marlo’s Bakeshop is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
External Links
From time to time Marlo’s Bakeshop may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Marlo’s Bakeshop is not liable for any loss or damage that you may suffer by using other websites.
Inaccuracy Disclaimer
From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Marlo’s Bakeshop reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Disclaimer of Warranty
THE WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY MARLO’S BAKESHOP ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. MARLO’S BAKESHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARLO’S BAKESHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARLO’S BAKESHOP DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MARLO’S BAKESHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
MARLO’S BAKESHOP SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MARLO’S BAKESHOP’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO MARLO’S BAKESHOP.
Indemnification
You understand and agree that you are personally responsible for your behavior in connection with the Website. You agree to indemnify, defend and hold harmless Marlo’s Bakeshop and any affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the Website by you, (b) any violation of these Terms of Use or (c) any violation of law or the rights of a third party.
Applicable Law
These Terms of Use have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in or within 25 miles of San Francisco, California.
Waiver
The failure of Marlo’s Bakeshop to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severed Provisions
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Headings
The headings or section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.
Contact Us
If you have any questions, comments or concerns about our Web Site or these Terms of Use, or would like to contact Marlo’s Bakeshop for any reason:
Info@MarlosBakeshop.com
1517 North Point St., Suite 325, San Francisco, CA 94123
Phone: 415 952 7013
When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these Terms of Use (“Terms”).
Modifications to the Terms of Use
Marlo’s Bakeshop may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior of each use of the Website and by continuing to use the Website, you agree to any changes.
Users
You must be an individual of eighteen (18) years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions. If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information.
Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Marlo’s Bakeshop on the Website or otherwise disclosed, submitted or offered to Marlo’s Bakeshop (collectively, “Comments”) shall be and remain Marlo’s Bakeshop property which we may use for any purpose including commercial purposes. By submitting or uploading your Comments, you automatically and irrevocably grant Marlo’s Bakeshop a non-exclusive, worldwide, royalty-free license to your Comments, including, but not limited to, all copyrights and other intellectual property in your Comments. You further agree that Marlo’s Bakeshop will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, paraphrase, display, host, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of the Comment or portions of the Comment, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using your Comment.
You agree that no Comments submitted by you to Marlo’s Bakeshop will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
User Guidelines and Prohibited Conduct
You may not publish to the Website any Comment or send a gift card message (“Message”) using our service that is threatening, harassing, libelous, defamatory, obscene, pornographic, abusive, invasive of privacy or publicity rights, or otherwise illegal material. In order to make the Messages appropriate and Comments useful and interesting, the following guidelines have been established for users, commenters and message senders:
• Do not upload to, or distribute or otherwise publish any Comment or Message that could violate, or could facilitate the violation of, any applicable law or regulation;
• Do not upload to, or distribute or otherwise publish any Comment or Message that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
• Do not impersonate of any person or entity in any part of any Message or Comment.
• Do not threaten or verbally abuse any other users of the Service, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
• Do not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. Like any community, the online conversation flourishes only when our Members feel welcome and safe.
• Do not intentionally make false or misleading statements.
• Do not post material that infringes copyright.
• Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
• Keep all Comments relevant to Marlo’s Bakeshop where the Comment is being posted.
• Do not interfere with or take any action to circumvent or defeat the security of the Website or the Website itself.
• Do not transmit or transfer (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control law.
Marlo’s Bakeshop will not accept responsibility for information posted in the Comments or Messages. We may, but are not obligated to, restrict or remove any and all content from a Message or Comment that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Marlo’s Bakeshops customers, or any third party.
Privacy
Marlo’s Bakeshop does not share, sell, or rent your personal information with any person or organization without your advance permission or unless ordered by a court of law. Information submitted to Marlo’s Bakeshop is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
External Links
From time to time Marlo’s Bakeshop may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Marlo’s Bakeshop is not liable for any loss or damage that you may suffer by using other websites.
Inaccuracy Disclaimer
From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Marlo’s Bakeshop reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Disclaimer of Warranty
THE WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY MARLO’S BAKESHOP ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. MARLO’S BAKESHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARLO’S BAKESHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARLO’S BAKESHOP DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MARLO’S BAKESHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
MARLO’S BAKESHOP SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MARLO’S BAKESHOP’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO MARLO’S BAKESHOP.
Indemnification
You understand and agree that you are personally responsible for your behavior in connection with the Website. You agree to indemnify, defend and hold harmless Marlo’s Bakeshop and any affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the Website by you, (b) any violation of these Terms of Use or (c) any violation of law or the rights of a third party.
Applicable Law
These Terms of Use have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in or within 25 miles of San Francisco, California.
Waiver
The failure of Marlo’s Bakeshop to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severed Provisions
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Headings
The headings or section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.
Contact Us
If you have any questions, comments or concerns about our Web Site or these Terms of Use, or would like to contact Marlo’s Bakeshop for any reason:
Info@MarlosBakeshop.com
1517 North Point St., Suite 325, San Francisco, CA 94123
Phone: 415 952 7013