LTC Website Terms of Use
1. Overview
Let's Talk Cheesecake, ("LTC”, “Company"), together with "Our Family of Companies" or "Affiliates" which are hereinafter referred to individually or collectively as "We", "Us", or "Our") and licensors have developed a website located at www.letstalkcheesecake.com (the "Site") that consists of information, graphics, documents, photos, and other materials and content provided by LTC (the "Materials"). "Visitor" (or "You" or "Your") means each person who accesses the Site (or any Materials on the Site), including, but not limited to, those who complete the registration process to establish an account ("Account") for the purpose of purchasing goods or services from the Site or using functionality that requires registration. As used in this Visitor Agreement, the term "Account" is distinguished from "Credit Account." Credit Account refers to LTC's credit offering. Those third parties with whom we have marketing relationships will be sometimes referred to as "Marketing Companies". By using the Site, accessing the Materials, or creating an Account, You agree to be bound by these terms and conditions (the "Agreement"). Please review our Privacy Policy and our Financial Privacy Notice(by clicking on those terms) learn more about our collection, sharing and privacy practices with respect to personal information.
2. Visitor Obligations
Subject to the terms of this Agreement, LTC grants Visitor a limited, revocable, non-exclusive, and non-transferable right to use the Site and the Materials for Visitor's intended lawful purpose for Visitor's personal use, but not for re-sale or other commercial purposes. Visitor is responsible for all use of Visitor's Account and for ensuring that all use of Visitor's Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor's password(s), if any. LTC shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment or software needed for access or use. Visitor shall be responsible for obtaining and maintaining all Internet services, computer hardware, and other equipment or software needed for access to and use of the Site and all charges related thereto. To the extent Visitor is permitted, pursuant to this Agreement, to share the Materials with others, Visitor also agrees to be fully responsible for their complying with the terms of this Agreement. If You place an order or create an Account or Credit Account, You represent that You are of legal age to form a binding contract and You agree to: (a) provide true, accurate, current, and complete information about Yourself if You utilize any portion of the Site that requires You to submit information, including, without limitation, personal information (all such information, the "Visitor Data") and to (b) promptly update the Visitor Data to keep it true, accurate, current, and complete. You acknowledge that if You provide any Visitor Data that is untrue, inaccurate, not current, or incomplete, LTC has the right to suspend or terminate Your Account and refuse any and all current or future use of the Site.
From time to time we may run promotions, contests and sweepstakes which will be governed by specific rules, terms and conditions ("Rules"), in addition to the terms and conditions of this Agreement. In the event of a conflict between the specific Rules and this Agreement, the terms of the Rules will prevail.
3. Paying for Orders Online
You can purchase products and/or services on the Site. We accept online payment by: credit or debit cards from MasterCard, VISA, Discover or AmEx issued by U.S. banks; or valid and applicable LTC e-Goodie Gift Cards. If a credit or debit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the order, and any receipt of the order is subject to such preapproval prior to the order being approved.
In making such payments, you represent and warrant that if you are making online purchases or payments that (i) any credit or debit card or check information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card or debit company for credit card or debit charges, or by your bank for bank account charges, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the credit or debit card or banking account was issued and you are authorized to make a purchase or other transaction with the relevant credit or debit card or bank account information supplied to us.
4. Omitted.
5. Modification of Terms
LTC shall have the right at any time to change or modify this Agreement applicable to Visitor's use of the Site or to the Materials, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon our posting notice thereof on the Site. (Changes in contact information or minor typographical errors will simply be corrected on the Site.) Any use of the Site or the Materials by Visitor after such notice has been posted on the Site shall be deemed to constitute acceptance by Visitor of such changes, modifications, additions, or deletions.
6. Limited License
The Site and the Materials contain copyrighted material, trademarks, and other proprietary information (which may include, without limitation, text, software, photos, video, graphics, and documents); and, as between Visitor and LTC. LTC owns all right, title, and interest in and to such materials (some of which rights may be licensed to LTC by Our Family of Companies, Marketing Companies or others). Visitor may not, directly or indirectly, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Materials, in whole or in part, other than as expressly authorized by this Agreement. Visitor may not in any manner use or exploit the Materials, in whole or in part, or any derivative works of the Materials, in a commercial manner, including re-selling the items or services portrayed in said Materials or derivative works. Non-commercial use includes editorial use such as on blogs, in articles or reviews, but excludes primarily commercial use and competitive use. Visitor may download Materials for Visitor's lawful personal use in accordance with this Agreement only and not for re-sale or commercial purposes. Except as otherwise expressly permitted under U.S. copyright law or other applicable laws, no copying, redistribution, retransmission, publication, or commercial exploitation of Materials is permitted without the prior express written permission of LTC. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading Materials. Your possession and use of Materials does not give You any ownership or other rights in the Materials other than the limited, personal, non-exclusive, revocable license rights described in the following subsections:
(a) You are allowed reasonable lawful use of the Site and the Materials as such are viewed on Your personal computing device(s) or other electronic device(s) that are capable of accessing the Site (each a "Device") so long as that use is directly related to the current or prospective relationship that You have, or may desire to have, with LTC or Our Family of Companies; and
(b) You have permission to display and electronically copy and print hard copy portions of the Site for Your lawful, personal, family or household (but non-commercial) use. You agree that the hard copy versions of the Materials remain the property of LTC subject to the terms of this Agreement. You agree not to copy any of the Materials onto your Device's hard drive or any other electronic storage media, other than as reasonably necessary and incident to utilizing the rights granted to You in the preceding paragraph (a).
(c) You have permission to link to the Materials available through the Site and display said Materials for Your lawful personal, family, household or editorial (but non-commercial) use through Your personal profile available on non-commercial link aggregate websites or non-commercial content sharing websites, such as Pinterest.com. Non-commercial use includes editorial use such as on blogs, in articles or reviews, but excludes primarily commercial use and competitive use. You agree to not link to the Site and display the Materials on any other third-party websites in a commercial manner. The LTC reserves the right to revoke at any time for any reason the permission granted to link to the Site and display the Materials as described in the preceding paragraph.
7. User Submissions
LTC may make available certain features to Visitors through the Site services, including the ability for Visitors to review and comment on products to which You can post information and other content. For any information and/or content that You submit through such services, or otherwise provide to or through the Site (a "Submission"), You hereby grant to Us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You, to: (a) use, reproduce, distribute, adapt, edit, modify, translate, reformat, create derivative works from, transmit, publicly display, link to, and publicly perform such Submission, and to incorporate the Submission into any other works, in any form, media, or technology now known or hereafter developed, for Our business purposes; and (b) to sublicense the foregoing rights to the maximum extent permitted by applicable law. For each Submission, You represent and warrant that You have all rights necessary for You to grant the licenses indicated in this section, and that such Submission, and Your provision of it to and through the Site, complies with all applicable laws, rules, and regulations. You release, discharge, indemnify, and hold harmless LTC and Our Family of Companies and their employees and agents from any claims or liabilities arising from the Submissions. From time to time we may run promotions, sweepstakes or contests pursuant to which submissions are provided that may be governed by specific rules, terms and conditions ("Rules"), in addition to the terms and conditions of this Agreement. In the event of a direct conflict between the specific Rules and this Agreement, the terms of the Rules will prevail.
8. User Conduct
You agree not to use the Site, or any results from Your use of the Site, to:
Upload, transmit, or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Upload, transmit, access, or communicate any data or information that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, transmit, or communicate any data that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including any privacy laws of any applicable jurisdiction;
"Spam", "stalk," or otherwise harass another;
Collect and/or store personal data or other information about other users or non-users;
Intentionally make available files with information designed to misidentify the actual content and/or sender of the file;
Perform any unlawful, deceitful or fraudulent act; and/or
For any commercial use.
LTC has no obligation to monitor Materials provided by users of the Site. You acknowledge and agree, however, that LTC and Our Family of Companies retain the right to monitor and approve the Materials and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, or to protect LTC, Our Family of Companies and our Marketing Companies, the Site, or users of the Site.
9. No Unlawful or Prohibited Use
As a condition of Your use of the Site, You warrant to LTC that You will not use the Site for any purpose that is unlawful, deceitful, fraudulent or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, overburden, disable, or impair the Site. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. You may not use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, without LTC's express prior, written consent. You may not: (i) modify, revise, translate, or create any derivative works of the Site and the Materials contained therein; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Site, including, but not limited to, and trademark, logo, or copyright.
10. Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE, THE MATERIALS OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, LTC, OUR FAMILY OF COMPANIES, AND OUR MARKETING COMPANIES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS OR OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LTC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF THE MATERIALS ON THE SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT LTC, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR DEVICE'S HARDWARE, SOFTWARE, OR INTERNET SERVICES THAT MAY RELATE TO USE OF THE SITE OR ANY OTHER ACTIVITY. UNDER NO CIRCUMSTANCES SHALL LTC, OUR FAMILY OF COMPANIES, OR OUR MARKETING COMPANIES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF LTC, OUR FAMILY OF COMPANIES, AND OUR MARKETING COMPANIES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID FOR USE OF THE SITE, OR (b) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU; AND, IN SUCH CASE, LTC'S LIABILITY AND THAT OF OUR FAMILY OF COMPANIES AND OUR MARKETING COMPANIES, AGENTS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Accuracy and Integrity of Information
Although We attempt to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Materials thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we have no responsibility or liability for information or content posted to the Site from any non-affiliated third parties.
12. Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card or other credit account has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card or other credit account in the amount of the incorrect price.
13. Indemnification
Visitor agrees to defend, indemnify, and hold harmless LTC, Our Family of Companies, Our Marketing Companies, agents and licensors, and their respective directors, officers, employees, and agents from and against all claims, damages, expenses, costs, demands, and liabilities, including reasonable attorneys' fees, arising out of the breach of this Agreement or use of the Site or the Materials by Visitor or via Visitor's Account, or by any third party who may access the Site using Visitor's Account.
14. Links to Third Parties
The Site, or any associated profiles operated and owned by LTC available through third-party content-sharing websites (such as Pinterest.com) may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LTC or Our Family of Companies, and We make no representations, warranties, promises, or guarantees, either express or implied, concerning the content of such Linked Sites, including the accuracy, completeness, reliability, or suitability of such Linked Site for any particular purpose, nor do We represent, warrant, promise, or guarantee that such Linked Site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such Linked Site or content is devoid of viruses or other contamination. Links to other websites do not imply any endorsement of or responsibility by Us for the opinions, ideas, products, information, or services offered at such Linked Sites, or any representation regarding the content at such Linked Sites. You agree that LTC has permission to display or otherwise use any images available through any website or content-sharing profile you own and/or operate by linking to such content via a content-sharing website, such as Pinterest.com, including your name and likeness. In the event you wish to contact LTC regarding a Linked Site that You own, please contact Let’s Talk Cheesecake, LLC, Attn: Brand Manager for LTC. Our email contact regarding such matters is as follows: [email protected].
15. Communicating with LTC
By sending LTC any ideas, comments, suggestions, questions, or other material, You grant, without compensation, to LTC and Our Family of Companies a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, adapt, edit, modify, translate, reformat, create derivative works from, transmit, publicly display, and publicly perform such material in any manner, and to incorporate the Submission into any other works, in any media now known or hereafter developed, including in connection with LTC, Our Family of Companies and Our Marketing Companies' business purposes. You also agree that LTC, LLC, Our Family of Companies and Our Marketing Companies are free to use any ideas, concepts, know-how, or techniques that You send us for any purpose. You agree that You shall remain solely liable for the contents of any Submissions to the Site made by You or others using your Visitor's Account. Our postal contact regarding the matters set forth in this Agreement is as follows: LTC, LLC, Attn: Brand Manager for LTC. Our email contact regarding such matters is as follows: [email protected].
16. Termination
LTC shall have the right to immediately terminate Visitor's Account in the event of any conduct by Visitor which LTC, in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor of this Agreement. Any and all provisions, promises, and warranties contained herein, which by their nature or effect are required or intended to be observed, kept or performed after expiration or termination of this Agreement (including, without limitation, representations and warranties, licenses, assignments, provisions regarding intellectual property, indemnification, limitation of liability, dispute resolution, and miscellaneous provisions), will survive the expiration or termination of this Agreement and remain binding upon, and for the benefit of, the parties hereto.
17. Notices of Claimed Infringement
If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to LTC's Copyright Agent named below:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
LTC's Copyright Agent for notice of claims of copyright infringement can be reached at:
Copyright Agent
Legal Department
[email protected]
18. Miscellaneous
This Agreement, together with the Site's Privacy Policy and Financial Privacy Notice, constitutes the entire agreement of the parties concerning the subject matters thereof. The foregoing shall not limit the applicability or enforceability of any other written agreement or binding terms or conditions between You and LTC or Our Family of Companies, including, without limitation, the terms of any Order submitted and accepted, any credit terms, and/or any terms or conditions of a contest or promotion of any kind. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules, and You consent to the exclusive jurisdiction of State or Federal Court in the State of Florida and You expressly consent to the exercise of personal jurisdiction in State or Federal Court in the State of Florida for any dispute arising out of or related to this Agreement. Any claim or cause of action You may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and shall not be given any legal import. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All rights not expressly granted herein are reserved.
19. Void Where Prohibited
The LTC is located in Tampa, Florida USA. The Site is administered and operated by LTC and third party service providers. LTC reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. You may not use the Site in violation of any applicable laws or regulations, including, without limitation, export laws, and regulations.
20. Trademarks and Intellectual Property
LTC® is a registered trademark of Let’s Talk Cheesecake, LLC. All other brand names and trademarks referenced in this Site are trademarks of their respective owners.
21. Other Important Policies
Please review our Privacy Policy and Financial Privacy Notice to learn more about our collection, sharing and privacy practices with respect to personal information.
Last modified: January 17, 2013
Let's Talk Cheesecake, ("LTC”, “Company"), together with "Our Family of Companies" or "Affiliates" which are hereinafter referred to individually or collectively as "We", "Us", or "Our") and licensors have developed a website located at www.letstalkcheesecake.com (the "Site") that consists of information, graphics, documents, photos, and other materials and content provided by LTC (the "Materials"). "Visitor" (or "You" or "Your") means each person who accesses the Site (or any Materials on the Site), including, but not limited to, those who complete the registration process to establish an account ("Account") for the purpose of purchasing goods or services from the Site or using functionality that requires registration. As used in this Visitor Agreement, the term "Account" is distinguished from "Credit Account." Credit Account refers to LTC's credit offering. Those third parties with whom we have marketing relationships will be sometimes referred to as "Marketing Companies". By using the Site, accessing the Materials, or creating an Account, You agree to be bound by these terms and conditions (the "Agreement"). Please review our Privacy Policy and our Financial Privacy Notice(by clicking on those terms) learn more about our collection, sharing and privacy practices with respect to personal information.
2. Visitor Obligations
Subject to the terms of this Agreement, LTC grants Visitor a limited, revocable, non-exclusive, and non-transferable right to use the Site and the Materials for Visitor's intended lawful purpose for Visitor's personal use, but not for re-sale or other commercial purposes. Visitor is responsible for all use of Visitor's Account and for ensuring that all use of Visitor's Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor's password(s), if any. LTC shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment or software needed for access or use. Visitor shall be responsible for obtaining and maintaining all Internet services, computer hardware, and other equipment or software needed for access to and use of the Site and all charges related thereto. To the extent Visitor is permitted, pursuant to this Agreement, to share the Materials with others, Visitor also agrees to be fully responsible for their complying with the terms of this Agreement. If You place an order or create an Account or Credit Account, You represent that You are of legal age to form a binding contract and You agree to: (a) provide true, accurate, current, and complete information about Yourself if You utilize any portion of the Site that requires You to submit information, including, without limitation, personal information (all such information, the "Visitor Data") and to (b) promptly update the Visitor Data to keep it true, accurate, current, and complete. You acknowledge that if You provide any Visitor Data that is untrue, inaccurate, not current, or incomplete, LTC has the right to suspend or terminate Your Account and refuse any and all current or future use of the Site.
From time to time we may run promotions, contests and sweepstakes which will be governed by specific rules, terms and conditions ("Rules"), in addition to the terms and conditions of this Agreement. In the event of a conflict between the specific Rules and this Agreement, the terms of the Rules will prevail.
3. Paying for Orders Online
You can purchase products and/or services on the Site. We accept online payment by: credit or debit cards from MasterCard, VISA, Discover or AmEx issued by U.S. banks; or valid and applicable LTC e-Goodie Gift Cards. If a credit or debit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the order, and any receipt of the order is subject to such preapproval prior to the order being approved.
In making such payments, you represent and warrant that if you are making online purchases or payments that (i) any credit or debit card or check information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card or debit company for credit card or debit charges, or by your bank for bank account charges, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the credit or debit card or banking account was issued and you are authorized to make a purchase or other transaction with the relevant credit or debit card or bank account information supplied to us.
4. Omitted.
5. Modification of Terms
LTC shall have the right at any time to change or modify this Agreement applicable to Visitor's use of the Site or to the Materials, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon our posting notice thereof on the Site. (Changes in contact information or minor typographical errors will simply be corrected on the Site.) Any use of the Site or the Materials by Visitor after such notice has been posted on the Site shall be deemed to constitute acceptance by Visitor of such changes, modifications, additions, or deletions.
6. Limited License
The Site and the Materials contain copyrighted material, trademarks, and other proprietary information (which may include, without limitation, text, software, photos, video, graphics, and documents); and, as between Visitor and LTC. LTC owns all right, title, and interest in and to such materials (some of which rights may be licensed to LTC by Our Family of Companies, Marketing Companies or others). Visitor may not, directly or indirectly, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Materials, in whole or in part, other than as expressly authorized by this Agreement. Visitor may not in any manner use or exploit the Materials, in whole or in part, or any derivative works of the Materials, in a commercial manner, including re-selling the items or services portrayed in said Materials or derivative works. Non-commercial use includes editorial use such as on blogs, in articles or reviews, but excludes primarily commercial use and competitive use. Visitor may download Materials for Visitor's lawful personal use in accordance with this Agreement only and not for re-sale or commercial purposes. Except as otherwise expressly permitted under U.S. copyright law or other applicable laws, no copying, redistribution, retransmission, publication, or commercial exploitation of Materials is permitted without the prior express written permission of LTC. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading Materials. Your possession and use of Materials does not give You any ownership or other rights in the Materials other than the limited, personal, non-exclusive, revocable license rights described in the following subsections:
(a) You are allowed reasonable lawful use of the Site and the Materials as such are viewed on Your personal computing device(s) or other electronic device(s) that are capable of accessing the Site (each a "Device") so long as that use is directly related to the current or prospective relationship that You have, or may desire to have, with LTC or Our Family of Companies; and
(b) You have permission to display and electronically copy and print hard copy portions of the Site for Your lawful, personal, family or household (but non-commercial) use. You agree that the hard copy versions of the Materials remain the property of LTC subject to the terms of this Agreement. You agree not to copy any of the Materials onto your Device's hard drive or any other electronic storage media, other than as reasonably necessary and incident to utilizing the rights granted to You in the preceding paragraph (a).
(c) You have permission to link to the Materials available through the Site and display said Materials for Your lawful personal, family, household or editorial (but non-commercial) use through Your personal profile available on non-commercial link aggregate websites or non-commercial content sharing websites, such as Pinterest.com. Non-commercial use includes editorial use such as on blogs, in articles or reviews, but excludes primarily commercial use and competitive use. You agree to not link to the Site and display the Materials on any other third-party websites in a commercial manner. The LTC reserves the right to revoke at any time for any reason the permission granted to link to the Site and display the Materials as described in the preceding paragraph.
7. User Submissions
LTC may make available certain features to Visitors through the Site services, including the ability for Visitors to review and comment on products to which You can post information and other content. For any information and/or content that You submit through such services, or otherwise provide to or through the Site (a "Submission"), You hereby grant to Us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You, to: (a) use, reproduce, distribute, adapt, edit, modify, translate, reformat, create derivative works from, transmit, publicly display, link to, and publicly perform such Submission, and to incorporate the Submission into any other works, in any form, media, or technology now known or hereafter developed, for Our business purposes; and (b) to sublicense the foregoing rights to the maximum extent permitted by applicable law. For each Submission, You represent and warrant that You have all rights necessary for You to grant the licenses indicated in this section, and that such Submission, and Your provision of it to and through the Site, complies with all applicable laws, rules, and regulations. You release, discharge, indemnify, and hold harmless LTC and Our Family of Companies and their employees and agents from any claims or liabilities arising from the Submissions. From time to time we may run promotions, sweepstakes or contests pursuant to which submissions are provided that may be governed by specific rules, terms and conditions ("Rules"), in addition to the terms and conditions of this Agreement. In the event of a direct conflict between the specific Rules and this Agreement, the terms of the Rules will prevail.
8. User Conduct
You agree not to use the Site, or any results from Your use of the Site, to:
Upload, transmit, or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Upload, transmit, access, or communicate any data or information that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, transmit, or communicate any data that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including any privacy laws of any applicable jurisdiction;
"Spam", "stalk," or otherwise harass another;
Collect and/or store personal data or other information about other users or non-users;
Intentionally make available files with information designed to misidentify the actual content and/or sender of the file;
Perform any unlawful, deceitful or fraudulent act; and/or
For any commercial use.
LTC has no obligation to monitor Materials provided by users of the Site. You acknowledge and agree, however, that LTC and Our Family of Companies retain the right to monitor and approve the Materials and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, or to protect LTC, Our Family of Companies and our Marketing Companies, the Site, or users of the Site.
9. No Unlawful or Prohibited Use
As a condition of Your use of the Site, You warrant to LTC that You will not use the Site for any purpose that is unlawful, deceitful, fraudulent or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, overburden, disable, or impair the Site. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. You may not use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, without LTC's express prior, written consent. You may not: (i) modify, revise, translate, or create any derivative works of the Site and the Materials contained therein; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Site, including, but not limited to, and trademark, logo, or copyright.
10. Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE, THE MATERIALS OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, LTC, OUR FAMILY OF COMPANIES, AND OUR MARKETING COMPANIES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS OR OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LTC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF THE MATERIALS ON THE SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT LTC, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR DEVICE'S HARDWARE, SOFTWARE, OR INTERNET SERVICES THAT MAY RELATE TO USE OF THE SITE OR ANY OTHER ACTIVITY. UNDER NO CIRCUMSTANCES SHALL LTC, OUR FAMILY OF COMPANIES, OR OUR MARKETING COMPANIES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF LTC, OUR FAMILY OF COMPANIES, AND OUR MARKETING COMPANIES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID FOR USE OF THE SITE, OR (b) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU; AND, IN SUCH CASE, LTC'S LIABILITY AND THAT OF OUR FAMILY OF COMPANIES AND OUR MARKETING COMPANIES, AGENTS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Accuracy and Integrity of Information
Although We attempt to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Materials thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we have no responsibility or liability for information or content posted to the Site from any non-affiliated third parties.
12. Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card or other credit account has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card or other credit account in the amount of the incorrect price.
13. Indemnification
Visitor agrees to defend, indemnify, and hold harmless LTC, Our Family of Companies, Our Marketing Companies, agents and licensors, and their respective directors, officers, employees, and agents from and against all claims, damages, expenses, costs, demands, and liabilities, including reasonable attorneys' fees, arising out of the breach of this Agreement or use of the Site or the Materials by Visitor or via Visitor's Account, or by any third party who may access the Site using Visitor's Account.
14. Links to Third Parties
The Site, or any associated profiles operated and owned by LTC available through third-party content-sharing websites (such as Pinterest.com) may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LTC or Our Family of Companies, and We make no representations, warranties, promises, or guarantees, either express or implied, concerning the content of such Linked Sites, including the accuracy, completeness, reliability, or suitability of such Linked Site for any particular purpose, nor do We represent, warrant, promise, or guarantee that such Linked Site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such Linked Site or content is devoid of viruses or other contamination. Links to other websites do not imply any endorsement of or responsibility by Us for the opinions, ideas, products, information, or services offered at such Linked Sites, or any representation regarding the content at such Linked Sites. You agree that LTC has permission to display or otherwise use any images available through any website or content-sharing profile you own and/or operate by linking to such content via a content-sharing website, such as Pinterest.com, including your name and likeness. In the event you wish to contact LTC regarding a Linked Site that You own, please contact Let’s Talk Cheesecake, LLC, Attn: Brand Manager for LTC. Our email contact regarding such matters is as follows: [email protected].
15. Communicating with LTC
By sending LTC any ideas, comments, suggestions, questions, or other material, You grant, without compensation, to LTC and Our Family of Companies a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, adapt, edit, modify, translate, reformat, create derivative works from, transmit, publicly display, and publicly perform such material in any manner, and to incorporate the Submission into any other works, in any media now known or hereafter developed, including in connection with LTC, Our Family of Companies and Our Marketing Companies' business purposes. You also agree that LTC, LLC, Our Family of Companies and Our Marketing Companies are free to use any ideas, concepts, know-how, or techniques that You send us for any purpose. You agree that You shall remain solely liable for the contents of any Submissions to the Site made by You or others using your Visitor's Account. Our postal contact regarding the matters set forth in this Agreement is as follows: LTC, LLC, Attn: Brand Manager for LTC. Our email contact regarding such matters is as follows: [email protected].
16. Termination
LTC shall have the right to immediately terminate Visitor's Account in the event of any conduct by Visitor which LTC, in its sole discretion, considers to be unacceptable, or in the event of any breach by Visitor of this Agreement. Any and all provisions, promises, and warranties contained herein, which by their nature or effect are required or intended to be observed, kept or performed after expiration or termination of this Agreement (including, without limitation, representations and warranties, licenses, assignments, provisions regarding intellectual property, indemnification, limitation of liability, dispute resolution, and miscellaneous provisions), will survive the expiration or termination of this Agreement and remain binding upon, and for the benefit of, the parties hereto.
17. Notices of Claimed Infringement
If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to LTC's Copyright Agent named below:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
LTC's Copyright Agent for notice of claims of copyright infringement can be reached at:
Copyright Agent
Legal Department
[email protected]
18. Miscellaneous
This Agreement, together with the Site's Privacy Policy and Financial Privacy Notice, constitutes the entire agreement of the parties concerning the subject matters thereof. The foregoing shall not limit the applicability or enforceability of any other written agreement or binding terms or conditions between You and LTC or Our Family of Companies, including, without limitation, the terms of any Order submitted and accepted, any credit terms, and/or any terms or conditions of a contest or promotion of any kind. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules, and You consent to the exclusive jurisdiction of State or Federal Court in the State of Florida and You expressly consent to the exercise of personal jurisdiction in State or Federal Court in the State of Florida for any dispute arising out of or related to this Agreement. Any claim or cause of action You may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and shall not be given any legal import. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All rights not expressly granted herein are reserved.
19. Void Where Prohibited
The LTC is located in Tampa, Florida USA. The Site is administered and operated by LTC and third party service providers. LTC reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. You may not use the Site in violation of any applicable laws or regulations, including, without limitation, export laws, and regulations.
20. Trademarks and Intellectual Property
LTC® is a registered trademark of Let’s Talk Cheesecake, LLC. All other brand names and trademarks referenced in this Site are trademarks of their respective owners.
21. Other Important Policies
Please review our Privacy Policy and Financial Privacy Notice to learn more about our collection, sharing and privacy practices with respect to personal information.
Last modified: January 17, 2013
