Users of the Services offered by Dessert Laboc acknowledge and accept these terms and conditions.
Owner of Dessert Laboc and related Services
4142 Pine Tree Lane
Washington, MD 20005
This document is a legal agreement between you, the User, and the entity providing Dessert Laboc. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Dessert Laboc as outlined in the present document. “Dessert Laboc” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use Dessert Laboc, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Registration, content on Dessert Laboc and prohibited use of Dessert Laboc
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credential.
By registering on Dessert Laboc, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users under the age of 13. Each User between the ages of 13 and 18 (or whichever age is the age of majority in their country of residence), may only register provided that a parent or legal guardian: * consents to the registration; * acknowledges and agrees to be bound by this Agreement and * ensures that the use of Dessert Laboc by the minor is under their supervision.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Dessert Laboc or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that:
- User has violated this Agreement; and/or
- User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
- the use of Dessert Laboc by the User may result in violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Disclaimer of warranties and limitation of liabilities
Disclaimer of Warranties (non eu users)
THE OWNER PROVIDES THE SERVICES TO YOU STRICTLY ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE OWNER EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE OWNER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF ANY “CONTENT” AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, OMISSIONS OR INACCURACIES IN ANY “CONTENT”; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE “SERVICES” AND “Dessert Laboc”; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS AND/OR ANY INFORMATION ACCESSIBLE THROUGH SUCH SYSTEMS; (IV) ANY INTERRUPTION OF THE “SERVICES”; (IV) ANY VIRUSES, TROJAN HORSES, BUGS, MALWARE OR THE LIKE IN OR TRANSFERRED THROUGH THE “SERVICES” OR THROUGH THE ACTIONS OF ANY THIRD PARTY; (V) ANY ACCESS TO YOUR DEVICE AND/OR INFORMATION AVAILABLE THROUGH SUCH ACCESS; AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE “SERVICES.” THE OWNER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE “SERVICES” OR ANY WEBSITE ACCESSIBLE THROUGH THE “SERVICES.” NO ACTION FROM OR ON BEHALF OF THE OWNER OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability(non eu users)
YOU USE Dessert Laboc AND THE CONTENT THEREIN AT YOUR OWN RISK. IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
Limitations of liability for the European User
Dessert Laboc and all functions accessible through Dessert Laboc are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals. Dessert Laboc and functions accessible through Dessert Laboc are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Dessert Laboc. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Dessert Laboc due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications and
- incorrect or unsuitable use of Dessert Laboc by Users or third parties.
You agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from: * your use of the Service; * your violation of this Agreement; * your violation of any third party right, including without limitation any copyright, property, or privacy right; or * any claim that your content caused damage to a third party.
Services Provided by third parties
Users may use third-party services or content included in Dessert Laboc, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Notwithstanding the above, Dessert Laboc is not endorsed, sponsored or certified by any such third party and nothing herein contained shall constitute a partnership between or joint venture by Dessert Laboc and these third providers or constitute any party the agent of the others.