Terms of UseDan Donoghue

The Chocolate Caper & QuirkE’s Custom Bakery, LLC

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. By accessing or using this website or service (collectively the “Platform”) of The Chocolate Caper & QuirkE’s Custom Bakery, LLC (“The Chocolate Caper”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. You are authorized to use the Platform only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and this Agreement. The Chocolate Caper may change these Terms of Use at any time without notice, effective upon its posting of the updated terms to the Platform. Your continued use of the Platform shall be considered to constitute your acceptance to the updated Terms of Use. If you do not agree to these Terms of Use, do not use this Platform. Our store is hosted on WordPress.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By using the Platform, you have accepted the terms of this agreement.

USER GENERATED CONTENT

The Services include interactive features and areas that allow users to create, post, share, and/or transmit content, including but not limited to blog comments and product reviews (collectively, “User Generated Content”). You understand that your User Generated Content may be viewable by others and that you are solely responsible for your User Generated Content and any claims arising therefrom, and that The Chocolate Caper is not responsible or liable for any User Generated Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

You retain all ownership rights in your User Generated Content. However, your User Generated Content is not confidential or proprietary. By submitting User Content to The Chocolate Caper, you hereby grant us irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Generated Content in any and all media or distribution methods, now known or later developed, subject to any privacy settings you have set to control who can see your User Generated Content. No use of User Generated Content shall entitle you to any compensation from The Chocolate Caper, or any other companies, organizations, or individuals at any time or for any reason.

USER CONDUCT

You are solely responsible for your User Generated Content, your conduct, your interactions with other users, and your activity on the Platform. You agree that you will not take any action or post anything that may expose The Chocolate Caper or its users to any harm or liability of any type. You further agree not to post User Generated Content, or a link to a website, that, in The Chocolate Caper’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary rights or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You agree that you will not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes. You agree not to collect information from the Platform for any use other than your own personal, non-commercial use while using or shopping on the site, and agree not to use any mechanisms to retrieve data from the Platform.

The Platform is not to be used by Users for any commercial purpose or to promote or solicit publicity or other activity. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” You agree not to use automated scripts or any other automated means to collect information from, or otherwise interact with, the Platform.

You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant The Chocolate Caper all of the license rights granted in these Terms of Use.

You agree not to post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. You further agree not to take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, or the Platform. You agree not to post User Generated Content that contains software viruses, malware, programs or other computer code. You agree not to circumvent or modify any Platform security technology or software.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content) is owned by The Chocolate Caper or its licensors, which includes materials protected by copyright, trademark, and/or patent laws. All trademarks, service marks and trade names (e.g., the The Chocolate Caper name and design) are owned, registered and/or licensed by The Chocolate Caper. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of The Chocolate Caper; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Platform and Content only for your own non-commercial, personal purposes only. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content without The Chocolate Caper’s prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

CONTENT MAY BE PRESCREENED

The Chocolate Caper retains the option to prescreen and modify User Generated Content. However, The Chocolate Caper does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. The Chocolate Caper is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event The Chocolate Caper chooses to monitor any User Generated Content, The Chocolate Caper assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. The Chocolate Caper reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered user account for any reason.

PRIVACY

The Chocolate Caper Privacy Policy (https://chocolatecaper.com/privacy) is incorporated into these Terms of Use. By accepting these Terms of Use, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy.

SAFEGUARD YOUR USERNAME AND PASSWORD

You are responsible for any actions that take place while using your account on the Platform. Keep your username and password secure and do not allow anyone else to use your username and password to access the Platform. The Chocolate Caper is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge or consent.

ELIGIBILITY AND REGISTRATION

To become a member of The Chocolate Caper Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger, or misrepresent any other information collected in connection with your registration or use of the Platform. Any account may be deleted for any reason at any time with or without warning.

FEEDBACK

You agree that any feedback, suggestions, ideas, or other information or materials that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of The Chocolate Caper. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights, intellectual property rights, moral rights or any other rights).

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such information that you forward to us. We are not and shall not be under any obligation (1) to maintain any such information in confidence; (2) to pay compensation for any such information; or (3) to respond to any such information.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

MOBILE SERVICES

The Platform contains services and features that are accessible by certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services or features of the Platform will work with all carriers or devices. By using The Chocolate Caper’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. The Chocolate Caper is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. The Chocolate Caper is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

THE CHOCOLATE CAPER IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT OR USER GENERATED CONTENT POSTED ON THE PLATFORM OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORM. THE PLATFORM, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHOCOLATE CAPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CHOCOLATE CAPER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM. THE CHOCOLATE CAPER DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER AND EQUIPMENT THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR ANYTHING ELSE HARMFUL OR POTENTIALLY HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHOCOLATE CAPER DOES NOT MAKE ANY WARRANTIES OR

REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE

PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN OR INTERACT WITH CONTENT ON THE PLATFORM AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE WITH WHICH YOU ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. THE CHOCOLATE CAPER RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORM AT ANY TIME WITHOUT NOTICE.

THE ITEMS SOLD BY THE CHOCOLATE CAPER ARE HAND CRAFTED IN SMALL BATCHES AND NO TWO ITEMS SOLD BY THE CHOCOLATE CAPER ARE IDENTICAL. DUE TO THE VARIABILITY IN THE PRODUCTION OF THE ITEMS SOLD BY THE CHOCOLATE CAPER, ITEMS DELIVERED MAY VARY SLIGHTLY FROM THE ITEMS PICTURED ON THE PLATFORM AND THERE MAY BE SLIGHT VARIATIONS IN BATCHES OF ITEMS AND INDIVIDUAL ITEMS DELIVERED. ADDITIONALLY, THE AVAILABILITY OF ITEMS SOLD BY THE CHOCOLATE CAPER MAY VARY AND THE CHOCOLATE CAPER RESERVES THE RIGHT TO SUBSTITUTE ORDERS BASED ON THE AVAILABILITY OF THE ITEMS ORDERED AT ITS DISCRESTION.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Chocolate Caper, its owners, affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the Platform, its content, User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. The Chocolate Caper’s choice to enforce, or not enforce, any violation of these Terms of Use shall have no effect on its right to enforce such provisions in other cases/situations.

LIMITATION OF LIABILITY

THE CHOCOLATE CAPER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST DATA, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM, EVEN IF THE CHOCOLATE CAPER HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL, FULL AND COMPLETE RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST THE CHOCOLATE CAPER FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF THE CHOCOLATE CAPER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, THE CHOCOLATE CAPER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN USE OF THE PLATFORM.

LINKS TO THIRD PARTY SITES

This Site contains links to websites controlled by parties other than The Chocolate Caper. The Chocolate Caper may work with certain partners, affiliates and/or other third parties whose sites are linked with The Chocolate Caper. The Chocolate Caper is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. The Chocolate Caper makes no guarantees about the content or quality of the products or services provided by such sites. The Chocolate Caper is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Chocolate Caper is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Chocolate Caper of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that The Chocolate Caper is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

DISPUTE RESOLUTION

You agree that this Platform, Terms of Use, Privacy Policy, Return Policy, and any dispute between you and The Chocolate Caper shall be governed in all respects by Wisconsin law, without regard to choice of law provisions or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Dane County, Wisconsin. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Dane County, Wisconsin. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

By using the Platform, you agree to receive certain electronic communications from The Chocolate Caper. You agree that any notice, agreement, disclosure, or other communication that The Chocolate Caper sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Chocolate Caper’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. The Chocolate Caper may assign its rights and duties under these Terms of Use to any party at any time without notice to you. The Chocolate Caper reserves the right to terminate access to this site for any person at any time.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

 The Chocolate Caper reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. The Chocolate Caper also reserves the right to block users from certain IP addresses, Device numbers, or other identifiers and prevent access to the Platform. You understand and agree that some of your User Generated Content may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, User Generated Content, User Conduct, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination indefinitely.