TERMS OF USE
Effective date: Dec 1, 2020
GENERAL
You are interacting with our Service (defined below), which is operated by Deelightful Desserts LLC, 1504 Oretha Castle Haley Blvd, New Orleans, LA 70113, United States (“Deelightful Desserts,” “we,” “our,” or “us”). These Terms & Conditions govern your use of any online service location that posts a link to these Terms & Conditions and all features, content, and other services that we own, control and make available through such online service locations (collectively, the “Service”). By using the Service, you accept the Service’s Privacy Policy and these Terms & Conditions, and consent to the collection and use of your data in accordance with the Privacy Policy. In some instances, both these Terms & Conditions and separate terms will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms & Conditions and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
PROPRIETARY RIGHTS
All right, title and interest in the Service, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Deelightful Desserts or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part.
In using the Service, you must respect the intellectual property and other rights of Deelightful Desserts and others. Your unauthorized use of Content (defined below) may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Deelightful Desserts respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see the Section entitled DMCA Notice - Notice and Procedure for Making Claims of Copyright Infringement below. These Terms & Conditions and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Deelightful Desserts and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
The Service (including past, present, and future versions) and all content included on the Service, such as recipes, menus, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Deelightful Desserts or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Deelightful Desserts owns a copyright in the selection, compilation, assembly, coordination, arrangement and enhancement thereof. All Content is also protected by U.S. and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
License and access
Subject to your strict compliance with these Terms & Conditions and the Additional Terms, Deelightful Desserts grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of the Service and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the Unlawful or Prohibited Uses section below. You may download, print, and copy Content for such authorized personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Service or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Deelightful Desserts’ sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
Unlawful or prohibited uses
The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Service, you warrant to Deelightful Desserts that you will not use the Service for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Deelightful Desserts, YOU MAY NOT:
(a) Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service;
(d) frame, mirror, or use framing techniques on any part of the Service or its Content;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing Deelightful Desserts' name;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Service;
(i) conduct fraudulent activities on the Service;
(j) violate or attempt to violate the security of the Service, including, without limitation:
(i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Service, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Service (impersonating the Service) or to the Service (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of Deelightful Desserts, including promotions and/or advertising of products or services;
(l) tamper with the Service or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Service or any activity being conducted on the Service;
(m) use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Service;
(o) restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);
(p) use the Service to advertise or offer to sell or buy (other than from Deelightful Desserts) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;
(s) create any derivative works of the Content except as expressly authorized by Us; or
(t) remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
YOUR ACCOUNT
You may be required to register with Deelightful Desserts in order to access certain services or areas of the Service. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Service or submit personal information to us. If you are required to register with Deelightful Desserts, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to Deelightful Desserts including those set forth in these Terms & Conditions, Deelightful Desserts reserves the right, in its sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders. The information you submit in connection with your account, and that is associated with your account, is subject to our Privacy Policy.
MODIFICATION AND TERMINATION
Deelightful Desserts may at any time in its sole discretion without notice or liability: (i) modify, suspend or discontinue any part of the Service; or (ii) offer opportunities to some or all Service users. Deelightful Desserts reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms & Conditions. Your continued use of the Service will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Service will not be applied retroactively. With respect to any such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Deelightful Desserts reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Service and to block or prevent future access to and use of the Service (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Service will immediately cease.
You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Service. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
User content
If the Service allows you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (“User Content”) through or to the Service, Deelightful Desserts welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Deelightful Desserts assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party: (i) monitor, review, display, post, store, maintain, accept or otherwise make use of User Content; (ii) alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms & Conditions or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.
You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Deelightful Desserts does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Deelightful Desserts’ request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms & Conditions or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
In your communications with Deelightful Desserts, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, other products or services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, Deelightful Desserts retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Deelightful Desserts’ receipt of your Unsolicited Ideas and Materials is not an admission by Deelightful Desserts of their novelty, priority, or originality, and it does not impair Deelightful Desserts’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
For any User Content you submit, you grant to Deelightful Desserts a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels), broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation or other obligation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Deelightful Desserts the right, without any obligation, to include the name provided along with the User Content submitted by you. In order to further effect the rights and license that you grant to Deelightful Desserts to your User Content, you also hereby grant to Deelightful Desserts, and agree to grant to Deelightful Desserts, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Deelightful Desserts the rights to it that you are granting by these Terms & Conditions and any Additional Terms, all without any Deelightful Desserts obligation to obtain consent of any third party and without creating any obligation or liability of Deelightful Desserts.
Content is also provided by third party visitors to the Service. Please note that visitors to the Service may post content that is inaccurate, misleading, or deceptive. Deelightful Desserts neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Deelightful Desserts will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Deelightful Desserts.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
DMCA notice
Deelightful Desserts' policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Service can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Deelightful Desserts' copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Deelightful Desserts that your copyrighted material has been infringed via the Service. Deelightful Desserts does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Deelightful Desserts will respond by either taking down the allegedly infringing content or blocking access to it. Deelightful Desserts may contact the notice provider to request additional information. Under the DMCA, Deelightful Desserts is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Deelightful Desserts a counter-notification. Notices and counter-notices are legal notices distinct from regular Service activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
2. Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
Deelightful Desserts LLC
1504 Oretha Castle Haley Blvd
New Orleans, LA 70113, USA
ChefDee@deelightfulroux.com
Third parties
The Service may contain links to, and interactive functionality interacting with, third party sites, applications and other online services (collectively “applications”), including social media applications, e-commerce applications, job recruitment applications, and product manufacturers' applications (collectively, “Third Party Services”). Deelightful Desserts is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Services. Before enabling any sharing functions of the Service to communicate with any such Third Party Services or otherwise visiting any such Third Party Services, Deelightful Desserts strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Services. The links and interactive functionality for Third Party Services on the Service do not constitute an endorsement by Deelightful Desserts of such Third Party Services. In some cases, Third Party Services may post both our and the Third Party Services operators’ terms and privacy policy, in which case our terms and privacy policy govern us and the Third Party Services operators’ terms and privacy policy govern them. Other Third Party Services may link to the Service with or without our authorization, and we may block any links to or from the Third Party Services, in our sole discretion. YOUR USE OF THIRD PARTY SERVICES AND RESOURCES IS AT YOUR OWN RISK.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third Party Services or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Deelightful Desserts disclaims all liability in connection therewith.
Linking to the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, (b) the links and the content on your website do not suggest any affiliation with Deelightful Desserts or cause any other confusion, and (c) the links and the content on your website do not portray Deelightful Desserts or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Deelightful Desserts. Deelightful Desserts reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Wireless, messaging and location-based features
The Service may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree that as to the Wireless Features for which you are registered or otherwise use, we may send communications via such features or apps to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Deelightful Desserts of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. The Service may include push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them by contacting us.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
If you have enabled GPS or use other location-based features on the Service, you acknowledge that your device location may be tracked consistent with the Privacy Policy. You can terminate device location tracking by our mobile app by uninstalling the mobile app, and control some location tracking via the app by using app and/or device setting. Our store finder feature may access and use information about your device location (such as based on IP address), or your account information, to suggest appropriate store locations. Our Service Content may be personalized based on various information we may have about you to try to provide you with more location-relevant content. The location-based services offered in connection with the Service are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based services are used at your own risk and location data may not be accurate.
Disclaimer of warranties
As permitted by applicable law, Deelightful Desserts cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE “SERVICE CONTENTS”) ARE PROVIDED BY DEELIGHTFUL DESSERTS ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Therefore, to the fullest extent permissible by law, Deelightful Desserts and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “Deelightful Desserts Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any products, services, or instructions offered or referenced at or linked through the Service except as applicable Deelightful Desserts may otherwise expressly provide in writing; (d) security associated with the transmission of your User Content transmitted to Deelightful Desserts or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether the Service will be compatible with any other specific hardware, software or service; (i) whether your access to the Service will be uninterrupted; (j) whether the Service will be available at any particular time or location; and (k) whether your use of the Service is lawful in any particular jurisdiction.
AS PERMITTED BY APPLICABLE LAW, DEELIGHTFUL DESSERTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT, OR THAT EMAILS SENT FROM DEELIGHTFUL DESSERTS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT DEELIGHTFUL DESSERTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SERVICE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY DEELIGHTFUL DESSERTS IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DEELIGHTFUL DESSERTS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY DEELIGHTFUL DESSERTS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY DEELIGHTFUL DESSERTS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) DEELIGHTFUL DESSERTS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY DEELIGHTFUL DESSERTS PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST DEELIGHTFUL DESSERTS PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY DEELIGHTFUL DESSERTS.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICE, DEELIGHTFUL DESSERTS MARKET DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the Service. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEELIGHTFUL DESSERTS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY THIRD PARTY SERVICES, OR ANY LINK CONTAINED IN A THIRD PARTY SERVICE. If you decide to link to any such third-party application, you do so entirely at your own risk.
Jurisdictional issues
The Service is controlled and operated by Deelightful Desserts from the United States, and is not intended to subject Deelightful Desserts to the laws or jurisdiction of any state, country or territory other than that of the United States. Deelightful Desserts does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States and the United Kingdom. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Healthcare information
IF THE SERVICE INCLUDES HEALTHCARE INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
IF THE SERVICE INCLUDES INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS YOU SHOULD BE AWARE THAT SUCH INFORMATION IS NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL MEDICINE AND SUPPLEMENT INDUSTRY, YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
RELEASE
We provide information through the Service for your information and enjoyment. Your use of the Service is strictly voluntary. Because some of the information in the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Service, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
As permitted by applicable law, you knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Deelightful Desserts, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information and materials offered by Deelightful Desserts through the Service.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Deelightful Desserts Parties or their suppliers with regard to a physical product sold by Deelightful Desserts Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Deelightful Desserts Parties or to the extent liability is not waivable or cannot be limited under applicable law.
Limitation of liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY DEELIGHTFUL DESSERTS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE (INCLUDING THE CONTENT AND THE USER CONTENT); OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT, USER CONTENT OR OTHER DEELIGHTFUL DESSERTS PRODUCTS OR SERVICES, EXCEPT FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY DEELIGHTFUL DESSERTS), EVEN IF DEELIGHTFUL DESSERTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE). EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND DEELIGHTFUL DESSERTS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DEELIGHTFUL DESSERTS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY CONTENT ON THE SERVICE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY DEELIGHTFUL DESSERTS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY DEELIGHTFUL DESSERTS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) DEELIGHTFUL DESSERTS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY DEELIGHTFUL DESSERTS PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST DEELIGHTFUL DEERTS PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
Waiver of injunctive or other equitable relief
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY DEELIGHTFUL DESSERTS (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF DEELIGHTFUL DESSERTS.
Indemnification and defense
As a condition of the use of the Service, as permitted by applicable law you agree to defend, indemnify, and hold harmless Deelightful Desserts Parties from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your access to or use of the Service, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions. You will cooperate as fully required by Deelightful Desserts Parties in the defense of any Claim. Notwithstanding the foregoing, Deelightful Desserts Parties retain the exclusive right to settle, compromise, and pay any and all Claims. Deelightful Desserts Parties reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of a Deelightful Desserts Party.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Deelightful Desserts Parties or their suppliers with regard to a physical product sold by Deelightful Desserts Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Deelightful Desserts Parties or to the extent liability is not waivable or cannot be limited under applicable law.
Notices and electronic communication
In the case of notices Deelightful Desserts sends to you, you consent to receive notices and other communications by Deelightful Desserts posting notices on the Service, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Deelightful Desserts provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Service or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Rules for promotion
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
Export controls
Software related to or made available by the Service may be subject to export controls of the U.S.A. To the extent permissible under applicable domestic laws, no software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoes, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (i) – (iii) above.
Applicable law; arbitration of disputes; class action waiver
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Deelightful Desserts agree that the parties intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.If any controversy, allegation, or claim rising out of, related to, or connected in any way to your use of the Service (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Orleans Parish, LA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Louisiana. You agree that all Disputes will be governed by the laws of the State of Louisiana without regard to Louisiana’s choice of law principles. You hereby consent to, and 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 Louisiana. Arbitration under these Terms & Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. YOU AND DEELIGHTFUL DESSERTS AGREE THAT EACH MAY BRING CLAIMS OR CAUSES OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICE IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of the Service must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable.
Devices and connectivity
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.
By using the Service, you agree that Deelightful Desserts may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.). For instance, the Service may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving Service images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Service operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing or otherwise using the Service. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Service by uninstalling the Service.
Deelightful Desserts makes no representations or warranties about the quality of your Service experience on your device or the ability of any device to access or display the Content.
Miscellaneous
These Terms & Conditions, including any applicable Additional Terms, constitute the entire agreement between you and Deelightful Desserts with respect to the Service and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Service. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. Deelightful Desserts may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Deelightful Desserts reserves the right to prosecute any suspected breaches of these Terms & Conditions or the Service. Deelightful Desserts may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
Contact us
If you have any concerns about Deelightful Desserts or your use of the Service, please contact us at:
Deelightful Desserts LLC
1504 Oretha Castle Haley Blvd
New Orleans, LA 70113, USA
ChefDee@deelightfulroux.com
We may not respond to all request or inquiries.
