TERMS & CONDITIONS
Introduction; Agreement to Terms of Use
These are the terms and conditions (the “Terms of Use”) applicable to the web site located at https://CAKEsocial.co/ (the “Site”) and the local experience packages provided by CAKE Social, Inc. (collectively “CAKE”, “we”, “us” and “our”). The Site is the property of CAKE. The terms “client” “you” and “your” refer to each person who purchases a curated experience package provided by CAKE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
CAKE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, CAKE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. The content of the Site, such as text, graphics, images, information, and other material contained on the Site (“Content”) are for informational purposes only.
Benefits of Experience Packages/Membership.
Our experience packages offer the following:
Membership benefits:
CAKE may, from time to time, offer you optional services or benefits. By using those services and/or benefits when they become available, you agree to be bound by any supplemental terms applicable to those services or benefits.[BB1]
Rates and Exclusions.
The rates and charges for experience participation are those established at the time the experience is booked with CAKE. We reserve the right to increase experience prices to cover increased costs, taxes and other charges received after prices are published. Expenses and terms not specifically identified in the applicable quotation produced by CAKE are not covered. These include any paperwork or charges associated with: meals or beverages other than those specified, and any other costs that might be incurred not stated in your experience package.
Payment Methods.
We accept the following forms of payment: PayPal, major credit cards (via PayPal), bank wire transfers, and checks drawn on a U.S. Bank. Payments made through PayPal or by using any form of credit or debit card carry a 3.5% processing fee for funds received from within the U.S. or 5% for funds received from outside the U.S. (including Canada). Processing fee will be added to your trip cost and invoice. Payments made by check or by wire transfer do not incur any processing fees.
Revisions.
Revision(s) or change(s) made _______ [months or days] or more prior to the start of the experience will incur the following fees and costs:
Revision(s) or change(s) made less than _____ [months or days] prior to the start of the experience will incur the cancellation fees as set forth below.
Cancellation by You.
We must receive your cancellation notice in writing by email, fax, or overnight courier, and your cancellation date will be the date on which we receive your notice. Simultaneously with your notice, you must pay the following cancellation charge based upon the amount of notice provided. In addition, airline cancellation policies shall apply for cancelled tours involving air transportation:
| Advance Notice Provided TBD | Cancellation Penalty TBD |
| _____ [weeks/days] or more | Cancellation Penalty = 100% of the Deposit, i.e. the deposit amount will NOT be refunded |
| Between ___ [weeks/days] _____ [weeks/days | Cancellation Penalty = 50 percent (50%) of the total experience price, i.e. refund = 50% of the total experience price |
| Less than ___ [weeks/days] | One hundred percent (100%) of the total experience price, i.e. refund = $0 |
There is no refund for unused portions of the experience once it has commenced, and you are solely responsible for costs incurred by you due to missed, canceled or delayed transportation. Your decision not to participate on the experience due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the experience on the designated experience date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future experience, but you may join the experience late if you wish.[BB2]
Cancellation or Substitution by Us.
We will make commercially reasonable efforts to keep the itinerary as it has been published; however, the final itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute services such as restaurants, bars, goods or services stated in your itinerary with restaurants, bars, goods or services of similar and comparable quality. If an experience is cancelled, our liability is limited to a full refund of your payments, and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances. If for reasons beyond our control, an experience in progress must be interrupted or cancelled, we will refund a portion of the price depending on our actual costs incurred.
ASSUMPTION OF RISK.
You acknowledge that you have voluntarily applied for this experience. You are prepared to assume risks associated with this experience including; forces of nature; terrorism; civil unrest; war; accidents; and transportation including land vehicles, boats, and aircraft that are not operated and maintained by CAKE, and you hereby assume such risks. You also assume risks associated with illness, disease, physical exertion, and alcohol consumption. By signing this document, you agree to take full responsibility for your own actions, safety and welfare. You also understand that if you are a member of a group, you will conduct yourself in a way that will not endanger the group or yourself.
Content
All photos created by CAKE are solely and exclusively owned or licensed by CAKE. As such, CAKE reserves all rights of ownership including but not limited to the distribution, publication, alteration, sale and duplication of any and all photos provided to You by CAKE for whatever reason in CAKE’s sole and absolute discretion. CAKE claims no ownership interest in any of the Content which was not created by CAKE (including, without limitation, master recordings, artwork and photographs) and is posted by our members, and the copyright to all such Content shall remain with its original owner. By posting Content via CAKE, our members warrant and represent that they own the Content posted by them or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. CAKE does not prescreen nor endorse any Content produced by its members and made available through the Site. The Content provided by members on or through the Site may contain inaccurate, inappropriate, incomplete, untruthful or offensive material and/or products or services for which CAKE assumes no responsibility or liability. You acknowledge and bear all risk associated with the use of any Content made accessible through the Site, including any reliance on the accuracy, completeness, or usefulness of such Content. Except as expressly provided, no service conferred by CAKE or use of the Site shall be construed as conferring any license under any of CAKE’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of CAKE and its affiliates, licensors (including, without limitation, members, artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by CAKE in connection with the Site. You are not granted a license or any other right to store any of the information from the Site (including any portion of the software or documentation) on any computer or other device or copy or otherwise use such information to create derivative works. Any use of the Site other than as specifically authorized herein, without the prior written permission of CAKE, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
Intellectual Property Infringement Claims
It is our policy to respond expeditiously to claims of intellectual property infringement. CAKE will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with federal copyright, trademark and/or patent law, CAKE will promptly remove or disable access to the material, link and/or activity claimed to be infringing and/or suspend or terminate the alleged infringer. CAKE will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to support@[Company Name]media.com.[BB3] Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without CAKE’s and/or the applicable user’s, as required herein, express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. CAKE reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CAKE server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of CAKE, including any Site account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CAKE’s systems or networks, or any systems or networks connected to the Site or to CAKE. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CAKE on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CAKE or others.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify CAKE immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CAKE or any other user of or visitor to the Site due to someone else using your Site ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. CAKE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
CAKE’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. You may view CAKE’s Privacy Policy at [INSERT LINK TO CAKE’S PRIVACY POLICY]. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Information.
Information that CAKE publishes in its brochures, collateral material and on the Site is believed to be accurate and reliable. CAKE makes no representations or warranties regarding such information or any information provided by a third party. Unless expressly stated in writing, CAKE does not endorse the products or services offered by any company or person identified in its brochures, collateral material or web site, nor is CAKE responsible for any content published by a third party.
Vendor Acts, Errors or Omissions.
We act only in the capacity of agent for the suppliers of the food, beverage and experience services named in your itinerary or otherwise providing services or goods in connection with the experience (the “Vendors”), such as local hosts, sightseeing tour operators, bus lines, car rental companies, driving services, restaurants, and providers of entertainment. We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any act or omission of any of the Vendors utilized in connection with your experience.
Links to Other Sites and to the CAKE Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CAKE’s control, and CAKE is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.[BB4]
Disclaimers
CAKE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CAKE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAKE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CAKE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CAKE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability and Damages.
In no event will we be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the experience, even if advised of the possibility of such damages. In no event will our aggregate liability exceed the total experience price set forth in the itinerary.
Force Majeure.
We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the experience, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes, or strikes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations identified in your experience itinerary.
Indemnification.
You shall indemnify, defend and hold harmless CAKE and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with these terms conditions.
Violation of These Terms of Use
CAKE may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CAKE’s rights or property, or the rights or property of visitors to or members of the Site, including CAKE’s customers. CAKE reserves the right at all times to disclose any information that CAKE deems necessary to comply with any applicable law, regulation, legal process or governmental request. CAKE also may disclose your information when CAKE determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that CAKE may preserve any transmittal or communication by you with CAKE through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or CAKE determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of CAKE, its employees, members of or visitors to the Site, and the public.
You agree that CAKE may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to CAKE, for which monetary damages would be inadequate, and you consent to CAKE obtaining any injunctive or equitable relief that CAKE deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CAKE may have at law or in equity.
You agree that CAKE may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If CAKE does take any legal action against you as a result of your violation of these Terms of Use, CAKE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CAKE. You agree that CAKE will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between CAKE and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
CAKE administers and operates the Site from its location in Austin, Texas USA; other CAKE sites may be administered and operated from various locations in or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. CAKE reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous.
CAKE may assign its rights and/or delegate all or a portion of its duties under these Terms and Conditions to any third party at any time without the consent or permission of any parties to these Terms and Conditions. If there is a conflict between these Terms and Conditions and one or more terms contained in another agreement between you and CAKE, these Terms and Conditions will control. No alteration, cancellation, variation of, or addition to these terms and conditions shall be of any force or effect unless reduced to writing and signed by CAKE and the Client. If there is a conflict between any part of these terms and conditions and any present or future law, the part that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.
Any controversy or claim arising out of or relating to these Terms and Conditions, to the limits on CAKE responsibility clause, to the brochure, to the proposal, to any information relating in any way to the experience, to the experience itself, or to any products or services related to the experience, shall be settled solely and exclusively by binding arbitration Travis County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that (a) in lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means, (b) arbitration is the exclusive forum for dispute resolution (no court actions), and (c) except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees. You agree to present any claims against us within 90 days after the experience ends and to file any arbitration request within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year.
You hereby consent to our use of pictures or video of you in our marketing materials without compensation.
[BB1]To be edited by CAKE
[BB2]Conform to Cake’s practices or move to standalone click through payment terms
[BB3]Insert appropriate link here
[BB4]Is this applicable?