LOVEPASTRY.COM USER AGREEMENT

This User Agreement governs all use of LOVEPASTRY.COM and its affiliated websites (together “LOVEPASTRY.COM” or the “Site”). As used in this User Agreement, “you” and “your” refers to the user of LOVEPASTRY.COM, and, if you are under eighteen (18) years of age, “you” and “your” includes your parents or legal guardian. “We”, “us” and “our” refers to Run Athletics International, LLC (the “Company”).

LOVEPASTRY.COM is offered exclusively subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on LOVEPASTRY.COM.  By accessing or using any part of the LOVEPASTRY.COM website you agree to become bound by the terms and conditions of this Agreement, whether or not you are a registered group member at LOVEPASTRY.COM.

We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. When we make changes to this User Agreement, we will notify users of the changes and ask for agreement at that time.  If you do not agree to the amended User Agreement, you may not continue to use LOVEPASTRY.COM.  It is your responsibility to regularly check the LOVEPASTRY.COM website to determine if there have been changes to this User Agreement.  M embership on LOVEPASTRY.COM is void where prohibited.

Eligibility

LOVEPASTRY.COM  is intended for adults and young adults.  

Young Adults - Users who are thirteen (13) years of age or older and below eighteen (18) years of age are permitted to use or access LOVEPASTRY.COM only with the consent of their parents or guardians and represent and warrant that their access is with parental consent.

Children - Users who are under thirteen (13) years of age are not permitted to use or access LOVEPASTRY.COM.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Ownership of Intellectual Property and Restrictions on Use of Materials

Unless otherwise noted, all content on LOVEPASTRY.COM, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of the Company and/or affiliated companies, third party licensors and/or other respective owners including but not limited to other users (collectively the “ Site Content”), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Site Content on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Site Content for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Site Content in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any other use of the Site Content is expressly prohibited.  Any attempts to access the Site Content in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Site Content.

Trademarks

Unless otherwise noted, PASTRY®, LOVEPASTRY.COM ^TMand all of the graphics, logos, designs, page headers, button icons, scripts and service names shown on LOVEPASTRY.COM are the registered trademarks, trademarks or trade dress of Run Athletics International, LLC and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.

User Posted Content

You are solely responsible for the, messages, notes, text, information,  links, and other content that you upload, publish or display (hereinafter, "post") on or through LOVEPASTRY.COM , or transmit to or share with other users (collectively the "User Content").  Your name and biographical information, as appearing in User Content, shall be User Content for the purposes of this Agreement, including all licenses granted herein.  You may not post, transmit, or share User Content on LOVEPASTRY.COM that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review LOVEPASTRY.COM and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company Music Theatre International violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on LOVEPASTRY.COM .

When you post User Content to LOVEPASTRY.COM , you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on LOVEPASTRY.COM .  For young adult users and users who are eighteen (18) years of age and over, by posting User Content to any part of LOVEPASTRY.COM , you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licenseable worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, sponsorship, or otherwise, to prepare derivative works of, or incorporate into other works, such User Content. You acknowledge that the Company may retain archived copies of your User Content. the Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

WE DO NOT PRE-SCREEN OR APPROVE USER POSTS, AND CANNOT GUARANTEE THAT A USER POST WAS ACTUALLY CREATED BY THE INDIVIDUAL THAT IS THE SUBJECT OF A USER POST. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY USER POST, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUCH POST, INCLUDING HOW THE OWNER OF THE USER POST COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE LOVEPASTRY.COM PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A USER POST.

Using LOVEPASTRY.COM

LOVEPASTRY.COM is provided by the Company and is intended to be used in a safe and enjoyable fashion. Users of LOVEPASTRY.COM must not:

1.Use LOVEPASTRY.COM in such a way as to offend or interfere with the use by anyone else of LOVEPASTRY.COM;
2.Submit materials to LOVEPASTRY.COM that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; (f) are treated as confidential under any contract or policy; or (g) are otherwise harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
3.Attempt to circumvent the security systems of LOVEPASTRY.COM;
4.Attempt to gain access to LOVEPASTRY.COM in a fraudulent manner;
5.Attempt to gain access to any other user’s accounts;
6.Attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of LOVEPASTRY.COM or any other website, or by e-mail communication;
7.Attempt to use LOVEPASTRY.COM for any purposes other than those intended by the Company, as determined by the Company in its sole discretion;
8.Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
9.Make commercial or non-personal use of LOVEPASTRY.COM, including but not limited to the rental, sale or promotion of products.  For example, the rental, sale or promotion of pre-recorded music or accompaniment tracks is prohibited;
10.Harvest or collect email addresses or other contact information of other users of LOVEPASTRY.COM by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
11.Upload, post, transmit, share, store or otherwise make publicly available on LOVEPASTRY.COM any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
12.Solicit personal information from anyone under 18;
13.If such user is under 18, represent him or herself as 18 or older;
14.If such user is 18 or older, represent him or herself as under 18; or
15.Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the LOVEPASTRY.COM website, or which may expose Music Theater International or its users to any harm or liability of any type.
 

The Company expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from LOVEPASTRY.COM and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled “Using LOVEPASTRY.COM”.

Security

You are entirely responsible for maintaining the confidentiality of your username and password. Take note that no one at LOVEPASTRY.COM or at the Company will ever ask you to disclose your personally identifying information for any reason, other than through the login and/or purchase process.

You are entirely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.

Privacy

Your privacy is important to us. We have a separate privacy policy about how we treat your information. Please see Privacy Policy.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO LOVEPASTRY.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE LOVEPASTRY.COM'S SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF LOVEPASTRY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LOVEPASTRY.COM'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE RAIL PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE LOVEPASTRY.COM, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS OFFERED ON THE SITE, AND/OR (VI) ANY OF THE MATERIALS OR FUNCTIONS AT LOVEPASTRY.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED $100.