1. TERMS & CONDITIONS 

(a)       Please read this License Agreement carefully before using or accessing the contents of this website. By accessing or using this website you agree to be bound by this License Agreement.  If you do not intend to be bound by these terms and conditions, you may not access or use this website. 

(b)       CAKEPUNK INC. (“CAKEPUNK”) reserves the right, in its sole discretion, to change, modify, add or remove any or all of the terms and conditions of this License Agreement at any time without any further notice to you.  You agree to review this website and License Agreement periodically and your continued use of this website shall be deemed to be your acceptance of these changes, modifications, additions or removals.  This provision shall survive this Agreement. 

 

2. USE 

(a)         Upon your agreeing with the terms and conditions of this License Agreement CAKEPUNK grants you a limited, revocable, non-royalty, non-exclusive and non-transferable license to access this website for your own personal use. Any and all content of your account including all information, data, postings, messages, text, files, pictures, images, sounds, video, or other material (“Account Content”) shall be your sole responsibility and you shall be responsible for any and all Account Content, in whole or part.  CAKEPUNK shall not control or be responsible for any Account Content.  You agree that by using this website you may be exposed to content that is inaccurate, misleading or otherwise objectionable and that this website may contain links to other third party websites which are not owned or controlled by CAKEPUNK and CAKEPUNK makes no representations or warranties as to the completeness, accuracy or authenticity of any content, data, or information on such third party website. Any access to any third party website through this website or at all is at your own risk.  CAKEPUNK does not make any representations or warranties of any kind as to any content on this website and use or reliance of the same by you is at your own risk and cost and CAKEPUNK shall not be liable in any way for any loss or damage of any kind incurred as a result of the use of any content displayed, listed, posted, emailed, or otherwise distributed or made available through this Website.   You acknowledge that CAKEPUNK does not pre-screen or approve any Account Content, but that CAKEPUNK shall have the right (but not the obligation) in its sole discretion to remove, refuse, delete or move any Account Content on this website either for breaching the literal terms or spirit of this License Agreement or for any other reason whatsoever as deemed appropriate by CAKEPUNK in its sole discretion without remedy or compensation to you.  Nothing in this Agreement shall create or be deemed to create an agency, partnership, joint venture, employment, or franchise relationship between CAKEPUNK and you or any other party; 

(b)       Under this License Agreement you shall not in any way use, copy, reproduce, modify, download, upload, transfer, redistribute, broadcast, display, post, print, access, view, decompile or reverse engineer any of the contents or Account Content of this website except as expressly provided for by this License Agreement.  This provision shall survive this Agreement;

(c)       This License Agreement is a limited, revocable, non-royalty, non-exclusive and non-transferable license; it does not result in any transfer of title or ownership of any interest in any property. This provision shall survive this Agreement;  

(d)       By posting, listing, displaying, publishing or otherwise including any Account Content on this website (“Posting Account Content”) you are granting CAKEIFY a non-exclusive, worldwide, perpetual, irrevocable, non-royalty license and right to use, display, publish, manipulate, and broadcast such Account Content and to exercise any copyright or other intellectual property rights of that Account Content and by Posting Account Content you represent and warrant to CAKEPUNK that you have the right to grant to CAKEPUNK the foregoing license. This provision shall survive this Agreement; and 

(e)       You shall not use this website or access to this website or post, email, upload, publish, broadcast, or otherwise make available on this website any information, data, file, program, code, text, picture, video, content, link, or Account Content that is: 

a. illegal, offensive, pornographic, harmful, abusive, hateful, degrading, defamatory, or libelous; 

b. an infringement of any third party’s property rights; 

c. a breach of any third party’s privacy; 

d. violating any law of Canada; 

e. impersonating any person or entity; 

f. falsely or otherwise misrepresenting any affiliation or relationship with any third party or entity; 

g. disclosing any personal or contact information of any third party without their express consent; 

h. inaccurate, false, misleading, deceitful, deceptive or fraudulent; 

i. containing any marketing, advertising, or solicitation information (unless expressly permitted in writing by CAKEPUNK) or that is considered spam, junk mail, or unsolicited advertisements; 

j. advertising or howsoever promoting any illegal products, services or actions as prohibited by Canadian law; 

k. containing any virus, worm, file, code or program that is malicious, destructive, or designed to destroy, interrupt, or limit the normal operation of any computer software, hardware or any related equipment or to destroy, modify, alter, copy, or retrieve any data or information; 

l. designed to or results in excessive amount of content, Account Content, or other data or information being posted or processed which overly taxes or floods this website and its normal operation; 

m. displaying or otherwise representing false, deceptive, or misleading icons, banners, ads, links, logos, marks, or other identifiers to disguise the origin of any content, Account Content, or other data or information; 

n. using automated means (including files, programs, spiders, robots, worms, data mining etc) to upload or download any information or material or Account Content or to gain unauthorized access to the website or the computer systems of CAKEPUNK or its providers; or 

o. sending unsolicited emails, advertisements or other communications (spam etc) to this website, CAKEPUNK, or any users of this website or contacting any person who has not requested such communication or collecting any personal information for any commercial or unlawful purpose. 

 

This section shall survive this Agreement. 

(f)        If you are an account holder or registered or unregistered user of this website then you represent and warrant that:  

a. you are eighteen years of age (18) or older and are able to enter into this Agreement which shall be a legal and binding obligation upon you and your heirs, successors and permitted assigns;   

b. any and all Account Content or other content by you or your account shall be true, accurate, and complete; 

 c. you may receive a user account, password, or other account designation or information and you alone shall be responsible for the maintaining and managing the confidentiality, privacy and integrity of such information and for all use (authorized and unauthorized) and consequence, howsoever arising from, such use of the information .  You agree to notify CAKEPUNK of any unauthorized use of or access to the Account Content, your account or user information, or to this website. 

 

 3. FEES

(a)       In some cases, use of this website shall allow CAKEPUNKY to charge fees for specified products or services and such amounts shall be reviewable by you in order to confirm your acceptance of any such terms.  All such fees are chargeable in Canadian Funds.  Any fees chargeable hereunder may be modified upon notice to you by CAKEPUNK from time to time and maybe subject to refund policies and payment terms.  Any sales, excise or other taxes or any other charges imposed by any government authority are in addition to any fee payable by you.  All sales are final, unless otherwise expressly provided for in this website.  This provision shall survive this Agreement. 

 

4. DISCLAIMER   

(a) The contents of this website, including without limitation, any Account Content, information, data or files, are provided on an “as is”  or “as available” basis.  CAKEPUNK makes no warranties, guarantees, representations or endorsements neither express nor implied, whatsoever including without limitation warranties of accuracy, completeness, reliability, non-infringement of any property rights, merchantability or fitness for a particular purpose.  Further, CAKEPUNK does not warrant or make any representation concerning any results or consequences from any use of the contents of this website or any other websites linked to this website.  CAKEPUNK does not warrant or guarantee that the contents of this website or any other website linked to this website will be free of infection, viruses, worms, or any other manifestation in code or content which may contain destructive or harmful properties.  Any inclusion in this website of any link to another website is not a warranty or endorsement of that other website which you use at your own risk.  This provision shall survive this Agreement; and

(b). CAKEPUNK reserves the right to modify, correct, add or remove any portion of the contents (including Account Content) of this website in its sole discretion at any time, but is in no way obligated to do the same, without notice or compensation to you.  This provision shall survive this Agreement. 

 

5. LIMITATION 

 (a) In no event will the CAKEPUNK be liable for any damages or losses of any nature, type or kind (even where reasonably foreseen by CAKEPUNK), including without limitation any damages for loss of data, loss or interruption of profits, business, or information, arising out of any use, misuse, or inability to use this website, the contents of this website,  or any site linked to this site or for the interruption, suspension, or termination of access to or the modification or alteration of this website, the contents of this website, or any third party website or link.  Notwithstanding the foregoing should CAKEPUNK be found liable to you for any reason (including without limitation in tort, negligence, contract, or strict liability) such liability of CAKEPUNK shall be limited to the lesser of $50 Canadian Dollars or the total fees paid to CAKEPUNK by you during the 30 days immediately prior to such liability becoming due.  This provision shall survive this Agreement. 

 

6. INDEMNIFICATION 

 (a) You agree to indemnify and hold harmless CAKEPUNK and its officers, directors, employees, agents, assigns, suppliers, affiliates and subsidiaries (all of which are CAKEPUNK for the purposes of this paragraph)  from any loss or damage, any and all third party claims, demands, or actions, howsoever arising from your use of the website, your breach of this License Agreement, or your Posting Account Content including those arising out of contract, tort, negligence, strict liability, or willful harm, or crimes by you, your employees, contractor or agents.  This provision shall survive this Agreement. 

 

7. TERM AND TERMINATION  

 (a) The term of this License Agreement shall commence upon your acceptance of the terms and conditions hereof and subject to the provisions with respect to termination hereafter shall continue for a period as you have selected (e.g. product delivery or pick-up or event hosting etc.) and actually paid for to CAKEPUNK;  

 (b) This License Agreement shall immediately and automatically terminate without further notice or any other action upon: 

 i) the expiry of the term of this License Agreement;

ii) any breach of any kind of any term or condition of this License Agreement; 

iii) the event that you become insolvent or make an assignment for the benefit of creditors or be adjudicated bankrupt or admit in writing your inability to pay your debts generally as the same became due or should any proceedings be instituted by you under any provincial, territorial or federal law for relief from debtors or for the appointment of a receiver, trustee or liquidator, or should a voluntary petition in bankruptcy or for a reorganization or for an adjudication of you as an insolvent or a bankrupt be filed, or should an attachment be levied upon your assets, then upon the occurrence of any such event CAKEIFY shall have the right to immediately terminate this License Agreement; or

iv)     the receipt of a Notice at any time by either party given to the other party; 

(c) You agree that at any time and for any reason CAKEPUNK, in its sole discretion, has the right (but not the obligation) to delete any or all Account Content or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of this website, any other website run or owned by CAKEPUNK, or any Account Content (or any part thereof), immediately and without notice, and remove and discard any Account Content, for any reason, including, without limitation, if CAKEPUNK believes that you have acted inconsistently with this License Agreement or any rules, or any terms of use of another website run or owned by CAKEPUNK, or policies contained therein, whether literally or in spirit.  Further, you agree that CAKEPUNK shall not be liable to you or any third-party for any termination of your access to this website or any website or your Posting Account Content.  You shall not use or attempt to use the website after said termination.  This provision shall survive this Agreement; and 

(d) Upon termination of this License Agreement you must immediately cease any and all use, including without limitation any viewing, printing, storing or downloading, and destroy all information, data, files, or any other contents down loaded or otherwise obtained from this website and any and all total or partial copies of the same in your possession whether in electronic or printed format.  This provision shall survive this Agreement. 

 

8. ASSIGNMENT 

(a)       If you are assigned a user account and/or login then you shall only have one account or user login and you shall not assign or transfer any interest or obligation under this License Agreement, or any part thereof, to any third party without the prior written consent of the CAKEPUNK and any permitted assign or transfer shall not relieve you of any obligations under this License Agreement.  You shall ensure that any assigns and successors comply with the terms and conditions of this License Agreement.  CAKEPUNK may, in its sole discretion, assign or otherwise transfer any or all of its rights and obligations in and under this License Agreement and shall be released upon such assignment or transfer. 

 

9. SUCCESSORS AND ASSIGNS  

(a)       This License Agreement shall be binding upon and endure to the benefit of the parties and their heirs, executors, administrators, receivers, trustees, successors and permitted assigns. 

 

10. WAIVER 

(a)       No previous waiver, failure, or delay to exercise any right, provision or entitlement under this License Agreement shall be deemed to constitute a waiver or affect either party’s right to strict performance of other or future obligations. 

 

11. JURISDICTION

(a) This License Agreement and all rights and obligations hereunder shall be governed by the laws, rules and regulations of the Province of Alberta, Canada. 

 

12. OWNERSHIP 

(a)       The contents of this website, including without limitation all rights to and interests in any and all trademarks, trade names, copyrights, official marks, logos, insignia, crests and any other symbols of CAKEPUNK, and any compilation, selection, order and arrangements of those contents are owned by or licensed to CAKEPUNK and shall not be used in any way except as expressly set out in this License Agreement.  All rights not granted expressly or by necessary implication by this License Agreement are expressly reserved to CAKEPUNK; 

(b)       All information, material or data you provide to CAKEPUNK through the use of this website including without limitation any comments, remarks, suggestions, questions, ideas, images, graphics, will become the property of the CAKEPUNK without compensation to you, however you will remain legally responsible for whatever you submit including without limitation its legality, reliability, and copyright.  You waive any and all moral rights in any submission to the CAKEPUNK through the use of this License Agreement. 

 

13. ENTIRE AGREEMENT

(a) This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any other prior statements, representations, discussions, negotiations or agreements between the parties, whether written or oral. 

 

14. SEVERABILITY 

(a)       In the event that any term or condition contained in this License Agreement is found to be invalid or unenforceable by any competent authority with jurisdiction over the matter, that term or condition shall to that extent be severed from the remaining terms and conditions of this License Agreement which shall continue to be valid and enforceable to the fullest extent as permitted by law. 

 

15. PRIVACY

(a) By using or accessing this website or by Posting Account Content you agree that CAKEPUNK may collect, transfer, store, and otherwise use your personal information and may disclose such personal information to other third parties for commercial purposes or as required by law and including without limitation for the following purposes: 

 a) sending you information about our products, services, or website; 

b) confirmation communications; 

c) processing payments; 

d) receiving or providing feedback or comments; 

e) posting Account Content; 

f) billing purposes; 

g) enforcing this Licensing Agreement; 

h) respond to claims of any kind including without limitation infringement of any property or privacy rights; 

i) authenticating accounts; and 

j) allowing your use of any interactive features, forums, chat rooms, blogs, or posts on the website; and 

 

(b) Although CAKEPUNK makes every reasonable effort to provide a secure environment for the collection, transfer, storage and other use of your personal information (including third party processing of any credit card information), notwithstanding anything herein CAKEPUNK shall not be liable for any damages howsoever arising for the disclosure, invasion, corruption, transfer, publication, or distribution of your personal information and its security.  Do not provide or post any personal information to CAKEPUNK or on this website that you do not wish to be disclosed to the public. 

 

16. NOTICE 

(a)  Except as explicitly stated otherwise, all notices shall be served on the parties to this License Agreement as follows: 

a.  TO CAKEPUNK:  to the email address: fun@cakepunk.ca 

b.  TO YOU:  to the email address you provide CAKEPUNK during the registration process 

Notice shall be deemed given 48 hours after email is sent, unless the sending party has actual knowledge that the email address is invalid. Alternatively, CAKEPUNK may give you notice by mail to the address provided during the registration process. In such case, notice shall be deemed given five days after the date of mailing of such notice (“Notice”).  

 

PLEASE READ THIS AGREEMENT CAREFULLY before using or accessing this website.  By using or accessing the website, or by completing the purchase of any product offered through the website, you are agreeing, or are deemed to agree, to be bound by all the terms and conditions, without modification, of this Agreement in the same manner as if it had been duly executed in a paper or hard copy form by an individual or an officer of a corporation who is duly authorized to bind the corporation.