Terms of Service Notice
01/16/2017
Welcome to Cakeolino.com (the “Website”). Please read this Terms of Service (“Notice”) carefully before using the Website.
As an express condition to using this website and associated products, you must agree to the following terms.
If you disagree with any of these terms, please do not use our website or products. Your use of this website or products means that you are agreeing to be legally bound by these terms.
By viewing or otherwise using this Website, you agree you are 13 or older and agree to the Cakeolino privacy policy and to the terms of service in this Notice.
Children Between the Ages of 13 and 18:
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Website and changing the “last updated” date listed above. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.
Privacy Policy
Cakeolino believes strongly in protecting user privacy. Cakeolino has therefore adopted a Privacy Policy. Users of this Website should refer to Cakeolino’s Privacy Policy, available for viewing here, before providing any information.
Cakeolino’s Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using Cakeolino, located at www.Cakeolino.com and its directly associated domains (collectively, “Cakeolino”, “Website” or “Web site”).
By using or accessing Cakeolino, you are accepting the practices described in this Privacy Policy.
The Information We Collect
When you visit Cakeolino you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Website use information collected by us as you interact with our Website.
Cakeolino.com respects your privacy. We take precautions to safeguard your personally identifiable information.
Data that you voluntary provide
The individual must provide the Data requested during registration to Cakeolino.com or registration to any Service at Cakeolino.com in the required fields of the questionnaire, indicated by an asterisk(*), in order to benefit from the service or the desired offer. Without this information, the person’s registration for the Service or offer will not be effective and the person will not be able to benefit from this Service or offer.
Answers to the fields that are not indicated with an asterisk (*) are optional.
If you want to take part in quizzes and surveys you are asked to provide your personal data like your name, address, telephone number, age and similar. Some of them are requested and indicated by an asterisk(*), in order to receive shipment with prize. If indicated on the form, we will share winners information with 3rd party, for example sponsor, who will send you shipment. If you do not want to share that information with 3rd party you should not take a part in the quiz or survey. We may display statistical results of quiz or survey but we will not display it on the site, give, sell or share with 3rd party.
We use the information that you voluntary provide for such purposes as responding to your requests, statistic purposes, awarding prizes for contests we organize on Cakeolino.com, improving our service and communicating more effectively with you.
USER REGISTRATION
(A) In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to Cakeolino.com.
(B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address Cakeolino.com of any breach of security or unauthorized use of your Membership.
(C) Recipes or any other content saved by a member or non member will be public and viewable by all.
Automatic Information
Cakeolino.com receives and stores certain types of information automatically whenever you interact with us. For example, like many Websites, we use “cookies”. In that way, we obtain certain types of information when your Web browser accesses our site. There are a number of companies that offer utilities designed to help you visit websites anonymously. Although Cakeolino.com will not be able to provide you with a personalized experience if we cannot recognize you, you should be aware that these disabling tools exist.
Cookies are alphanumeric identifiers that Cakeolino.com transfers to your computer’s hard drive through your Web browser. They enable our systems to recognize your browser. If we recognize you, Cakeolino.com can provide more customized or personalized features each time you log on to our site.
The ‘help’ portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and/or how to disable cookies altogether. However, cookies allow you to take full advantage of our site features. Cakeolino.com recommends that you leave them turned on.
It is possible that some of Cakeolino.com business partners may also use cookies on our website. However, Cakeolino.com has no access to, or control over, these cookies. Therefore, we do not accept any responsibility for such use.
Children Under Age 13
Cakeolino does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Cakeolino or send any information about yourself to us, including your name, address, telephone number, or email address.
No one under age 13 may provide any personal information to or on Cakeolino. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at cakeolino@gmail.com .
Children Between the Ages of 13 and 18
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
Links
Cakeolino may contain links to other websites. We are of course not responsible for the privacy practices of other Websites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every Website that collects personally identifiable information. This Privacy Policy applies solely to information collected by Cakeolino.
Third Party Advertising
Advertisements that appear on Cakeolino are sometimes delivered (or “served”) directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Cakeolino does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on Cakeolino unless you choose to share it with them.
This privacy policy covers the use of cookies by Cakeolino and does not cover the use of cookies or other tracking technologies by any of its advertisers.
Proprietary Rights
Content
Cakeolino or its affiliates or licensors solely and exclusively own all rights, title and interest in all Website materials, including, without limitation, the Cakeolino logo, design, text, copy, graphics, videos, other files, and the selection and arrangement thereof (collectively, “Content”).
Website Usage
Other than as expressly permitted in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the Website. When you use the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You may display and print material from this Website solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact.
Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Cakeolino, is strictly prohibited.
Other prohibited uses include:
i) Use of robots, spiders, or any automatic device, or use of any manual process to copy or scrape the Website Content for any purpose without the express written permission of Cakeolino. Notwithstanding the foregoing, Cakeolino grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
ii) You may not use, frame or utilize framing techniques to enclose any Cakeolino trademark, logo, or other proprietary information, including the images found at this Website, the content of any text, or the layout/design of any page or form contained on any page of the Website, without Cakeolino’s express written consent. Except as noted in these Terms of Use, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of Cakeolino or any third party.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Website only, provided such link does not portray Cakeolino or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
Trademarks
“Cakeolino.com”, “Cakeolino”, and other trademarks on this Website are trademarks of Cakeolino or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cakeolino. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Cakeolino, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cakeolino. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Cakeolino might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Website. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Third-Party Content & Services
Cakeolino may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. Cakeolino does not monitor nor does Cakeolino have control over any Third-Party Content. Cakeolino does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Cakeolino does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Cakeolino, either online or offline and whether or not solicited by Cakeolino, you hereby grant to Cakeolino an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Cakeolino’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Cakeolino to effect, perfect, and confirm the license granted to Cakeolino to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Cakeolino and Cakeolino is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by Cakeolino, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Cakeolino the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
Disclaimer
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. CAKEOLINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CAKEOLINO DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CAKEOLINO DOES NOT REPRESENT OR WARRANT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Your use of the Websites’ content is at your own risk. Cakeolino specifically disclaims any liability, whether based in contract, tort, negligence, and strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Websites. Cakeolino disclaims the liability of damages, including but not limited to reliance by any party on any content obtained through the use of the Websites, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the Website, or related information or programs.
Accordingly, Cakeolino assumes no liability for or relating to the delay, failure, interruption, interception, or corruption of any data or other information transmitted in connection with use of the Cakeolino Site. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive.
The content on this website is provided for general informational purposes only. It is not intended as, nor should it be considered a substitute for professional medical advice, claims, suggestions, diagnosis, counseling, or treatment of any kind. I am not a licensed practitioner, physician, or medical professional. I am not a licensed prescriptive service. The statements made here have not been approved by the Food and Drug Administration.
No statements are to be regarded as specific health claims to prevent, diagnose, mitigate, treat, correct, or cure any particular disease, class of diseases, or condition. This includes mention of any food, ingredient, supplement, herb, essential oil, product, exercise, or lifestyle practice.
Always seek the advice of your physician or a qualified health care provider regarding a medical condition. Full medical clearance from a licensed physician should be obtained before beginning or modifying any diet, supplement, exercise, or lifestyle program; and physicians should be informed of all nutritional changes. The information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a professional health care provider.
Always seek the advice of your personal healthcare provider before changing your health regimen. The information on this website is to be used at your own risk based on your own judgement. You assume full responsibility and liability for your own actions.
If you are following a strict diet for medical or dietary reasons, it is important that you, first, consult your physician or registered dietitian before planning your meals based on recipes at Cakeolino, and second, remain under appropriate medical supervision while using the nutrition information and recipes at Cakeolino.
If you are experiencing an acute or chronic medically diagnosed condition, you must maintain treatment as prescribed by your physician, irrespective of your use of Cakeolino, your perusal of Cakeolino.com, or your purchase of associated online guides, articles, books, courses, conversations, consultations, websites, or products. In the case of medical diagnoses, it is vital to work in concert with your physician to determine the best course of action; and never substitute one treatment for another against a physician’s advice.
By reading this website, you acknowledge that you are responsible for your own health decisions. Do not take information from any website, including this one, and try it without proper research and medical supervision.
Again, the information and opinions expressed herein, and all related notes, are intended for informational purposes only. Perusal of this site or related guides, websites, consultations, or products does not imply status as a “client” of Cakeolino, nor does it constitute medical advice or a call-to-action. The author/owner/employee claims no responsibility to any person or entity for any liability, loss, or damage, or death caused or alleged to be caused directly or indirectly as a result of the use, application, or any interpretation of the information presented herein. Cakeolino shall not be held liable or responsible for any loss, damage, or injury, or death caused or alleged to be caused directly or indirectly by any use or application of any Content, product, book, program, conversation, blog article, guide, recipe, food or food source, supplement, beauty regimen, fitness regimen, lifestyle choice, or personal care item discussed on this site.
Cakeolino reserves the right to change any and all Content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Cakeolino.
Food Handling:
Please use great caution and sanitary practices when handling food products. Refer to your health department’s safe food handling guidelines. Wash your hands and surfaces thoroughly before and after handling any food product.
The cooking instructions and directions in the Cakeolino are offered as guidelines only. Use your best judgment and proper discretion when preparing or consuming any food.
We do not advise eating any eggs, meat or seafood that has not been properly handled or cooked. Eating something undercooked or raw is to be done at your own discretion.
We expressly disclaim responsibility for any adverse effect that may result from the use or application of the information contained in the Cakeolino.
WE DO NOT CLAIM TO BE DOCTORS, NUTRITIONISTS OR DIETITIANS. THE INFORMATION IN THE CAKEOLINO DOES IS MERELY OUR PERSONAL OPINION AND DOES NOT REPLACE PROFESSIONAL MEDICAL OR NUTRITIONAL ADVISE.
Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Limitation of Liability/Injuries,
IN NO EVENT SHALL CAKEOLINO OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF CAKEOLINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Cakeolino, its affiliates, and all of their officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Applicable Law
These terms of service shall be governed by and construed in accordance with the laws of the state of California, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms of service shall be filed only in the state and federal courts residing in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
Termination
Cakeolino reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
Disclosure
In 2015, the Federal Trade Commission released their new rules for Disclosure Compliance. These rules are set in place to ensure that readers or viewers of web media (blogs, Youtube videos, etc.) know if the blogger/presenter is sponsored, endorsed, or partnered with a different company. In blog terms, the readers need to know if the blogger is making money by sharing a link or product.
In compliance with the FTC guidelines, please assume the following about links and posts on this site: Any/all of the links on Cakeolino.com are affiliate links of which I receive a small compensation from sales of certain items.
We don’t sell products directly. All income in generated via affiliates.
What are affiliate links?
Purchases are made on external affiliate company websites: When a reader clicks on an affiliate link located on Cakeolino.com to purchase an item, the reader buys the item from the seller directly (not from Cakeolino).
Amazon, EBay and/or other companies pay Cakeolino a small commission or other compensation for promoting their website or products through their affiliate program.
Prices are exactly the same for you if your purchase is through an affiliate link or a non-affiliate link.
You will not pay more by clicking through to the link.
Cakeolino uses two main types of affiliate programs:
1. Amazon affiliate links.
Cakeolino is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, amazon.com, endless.com, myhabit.com, smallparts.com, or amazonwireless.com .
Amazon offers a small commission on products sold through their affiliate links. Each of your purchases via our Amazon affiliation links supports our cause at no additional cost to you.
If a blogger links to an Amazon product (with a special code for affiliates embedded in the link), and a reader places an item in their “shopping cart” through that link within 24 hours of clicking the link, the blogger gets a small percentage of the sale. Amazon links are not “pay per click”. If you click on the product link and stay around Amazon and purchase something else, however, I will get commission on that sale.
Anytime you see a link that looks like http://cakeolino/recommends/…… or www.amazon.com/…. it is an Amazon affiliate link.
2.Product affiliate links.
These affiliate links work the same way: if you click the link and buy the product, then the blogger gets a percentage of the sale or some other type of compensation. Again, prices are not different if you use these affiliate links. You will not pay more by clicking through to the link. These links are not “pay per click”.
List of companies with which I have an affiliate relationship: Amazon.com, eBay.com