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 Generation Footwear, Inc. (the “Company”).
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.CON website to determine if there have been changes to this User Agreement. Membership on LOVEPASTRY.COM is void where prohibited.
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. The software and other technology components of the Site Content are the exclusive property of Auspient, Inc. and/or its affiliates and/or suppliers, copyright © Auspient, Inc.
Unless otherwise noted, PASTRY®, LOVEPASTRY.COMTM and 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
We may from time to time permit users to pose their own original content to LOVEPASTRY.COM. 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.
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:
- Use LOVEPASTRY.COM in such a way as to offend or interfere with the use by anyone else of LOVEPASTRY.COM
- 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.
- Attempt to circumvent the security systems of LOVEPASTRY.COM
- Attempt to gain access to LOVEPASTRY.COM in a fraudulent manner
- Attempt to gain access to any other user’s accounts
- 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
- Attempt to use LOVEPASTRY.COM for any purposes other than those intended by the Company, as determined by the Company in its sole discretion
- 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
- 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
- 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
- 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
- Solicit personal information from anyone under 18
- If such user is under 18, represent him or herself as 18 or older
- If such user is 18 or older, represent him or herself as under 18
- 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”.
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.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on LOVEPASTRY.COM any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. the Company may also at its sole discretion limit access to LOVEPASTRY.COM and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
LOVEPASTRY.COM contains (or you may learn through the Site) of links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from LOVEPASTRY.COM, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave LOVEPASTRY.COM and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with LOVEPASTRY.COM users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. WE DO NOT WARRANT OR REPRESENT THAT LOVEPASTRY.COM WILL BE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK. WE ARE NOT LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE LOVEPASTRY.COM AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.
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
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD RUN ATHLETICS INTERNATIONAL, LLC, GENERATION FOOTWEAR, INC., AUSPIENT, INC., THEIR AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE INDEMNIFIED 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.
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of LOVEPASTRY.COM. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.
This User Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the laws of the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Federal or state courts located in New York County, New York, and you hereby irrevocably consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.
Last Posted June 12, 2013