Terms of Service
We thank you from the bottom of our heart for placing an order with us and making us a part of your celebrations. We strive hard to make your celebrations memorable and wonderful.
We at Flocake are a group of gifting and celebration enthusiasts. We love our work and try to serve people in their celebrations and have fun doing so. We try our level best that whatever we display on our website is delivered with the same quality as promised. In serving you we also care to follow certain guidelines, rules and processes. These terms and conditions are not there to intimidate the user but are there so as to minimize the areas of conflict. We have listed these so that the user is aware of the processes and rules that can affect him/her, his/her order and the recipient.
Please read these Terms and Use (this “agreement”) carefully, before using flocake.com, its mobile applications and social media pages (including Facebook, Instagram, twitter pages) and any services offered through flocake.com, its mobile applications and affiliated social media or third party web pages or own custom sites operated by users utilizing the flocake platform (collectively referred to hereafter as the “site”). This agreement sets forth the legally binding term and conditions for your use of Flocake.
Please, clarify them from Customer care if you have any doubts about this aggreement. Be assured that our spirit of working is that everyone should be benefited - our sellers, our customers and our company.
By using Site in any manner, including but not limited to visiting or navigating any part of Flocake.com, all users of the Site (including, without limitation, Sellers and Customers as defined below) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced and/or available by hyperlink herein. This Agreement applies to all users of the Site, including without limitation users who are Sellers, vendors, customers, merchants, contributors of content, information and other materials or services on the Site or in connection with Flocake. Different sections of the Agreement may affect users different depending upon their use of the Site, so please make sure to review this Agreement carefully. If you have any questions, please refer to the contact us section.
The Website is available only to individuals who are at least 16 years old.
1. Flocake is a Marketplace
Flocake provides a marketplace where sellers (“Sellers") can create listings to sell certain products (flowers, cakes and etc) and limited related goods within a fixed-price format at the Site (subject to compliance with the Seller’s Terms and Conditions set forth below) and customers who visit or utilize the Site can learn about Sellers’ listings and make purchases from Sellers (“Customers"). Flocake is directly involved in or otherwise a party to transactions that may take place between Sellers and Customers. Flocake makes no representations, warranties or guarantees regarding any content or information provided by the Sellers, including, without limitation, the identity, age, and nationality of any seller, buyer or user. You acknowledge and agree that the Site is solely a marketplace and has no responsibility or liability for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site.
2. Membership Eligibility
Registration for membership at the Site is subject to the following additional terms and conditions: Age: Flocake is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of Flocake to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access Flocake is revoked in such jurisdictions.
Authority: If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Flocake of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Flocake without our express written permission.
Account Information: You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times. To sell items on Flocake you must provide and maintain valid payment information.
Account Transfer: The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent, which may be withheld in our reasonable discretion. Any attempted assignment or other transfer without such consent shall be void, and any such attempt shall be deemed to be a breach of this Agreement. All of our rights and obligations under this Agreement are freely assignable by Flocake. As used herein, the terms “assignment" and “transfer" shall include (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.
Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Flocake, each of which is incorporated herein by reference and each of which may be updated by Flocake from time to time without notice to you:
Copyright and Intellectual Property Policy
Eligibility for Registration as a Seller at the Site is subject to the following additional terms and conditions:
Seller Legal Obligations - If you would like to register as a Seller, you must be an authorized seller of products and related goods through Flocake in the jurisdiction where you reside and in compliance with any local laws or regulations. Where applicable, each Seller is solely responsible for obtaining all permits, licenses or other permissions required to offer goods through the Site. Flocake assumes no responsibility for any Seller’s failure to obtain such permits, licenses or permissions or otherwise comply with applicable laws and regulations.
No more filling to value - All orders should be prepared with the look and temperament your customer is expecting. Your reputation depends on it.
Images in Listings – Seller may not utilize wire-service or stock photos in its listings. The images that Sellers post in the listings must be images of your own creation featuring your own designs or those created by Flocake as part of its service to the Seller. By posting them with the listing, Sellers are each representing and warranting the posted images do not infringe on anyone else’s copyright or intellectual property rights.
Delivery area – The delivery area in the listing must accurately represent the area the Seller is capable of hand delivering arrangements to.
No “order gathering" or resales – Flocake has absolutely no tolerance for order gathering. Sellers may only create listings and accept orders that it is capable of fulfilling on its own. No wiring or reselling orders is permitted and will result in immediate termination of membership.
The Customers are Your Customers – Flocake is not the broker, agent or joint venturer of any Seller. There is no hiding behind a middle man. Sellers must treat all of orders obtained from Customers through the Site as if they are from someone that has just walked into your shop. Happy customers make repeat customers.
Sellers that do not abide to the above terms and conditions and those listed below are subject to immediate removal without written or advance notification from Flocake. Users are encouraged to report any violations of the foregoing terms and conditions by a Seller by contacting Flocake at [email protected]
3. Marketplace/Storefront/Own Custom Site Services, Fees/Taxes and Payments
Services: We will issue Sellers who properly register through the Site with an individualized Seller web page to display and sell their products within the Flocake marketplace, which aggregates and exhibits products from all Sellers’ Storefronts (the “Marketplace") and through the Seller’s Facebook and other third party website and mobile sites affiliated with or served by Flocake (the Seller’s Flocake profile page and linked third party web page are collectively referred to as a “Storefront)). We will host the Storefronts by providing a server to store the data relating to the Storefronts, maintain the content of the Storefronts, and communicate the orders placed by buyers through the Storefronts to the Sellers. Flocake also offers Sellers the option of creating custom website for Sellers who maintain a URL outside of the Marketplace (hereafter, “Own Custom Sites").
Fees: Joining and setting up a Storefront on Flocake and Own Custom Sites are free for registered Sellers. Sellers are charged a twenty percent (20%) commission fee based on the total price of the order received via Flocake (either directly or through affiliated third party web and mobile sites). We may, at our sole discretion, change some or all of Flocake’s services at any time. In the event we introduce a new service , the fees for that service are effective at the launch of such service. We keep accepted payment information on file. We shall not be responsible in any way for any fraudulent payment or credit information provided by any third parties..
Payments: Settled transactions will be debited to your account balance via direct deposit or a check mailed to your address on file with Flocake, within a reasonable time after the order has been processed and the buyer’s credit card has been authorized. In no event shall the payment time exceed thirty-one (31) days from the end of the month in which the order was delivered and the buyer’s credit card has been authorized. Flocake reserves the right to withhold, reverse or otherwise refuse payments to Sellers for any unfulfilled or returned customer transactions, including, without limitation, refunds due to non-delivery by Seller, customer rejections for quality issues, non-payment due to customer fraud, chargeback or contested charges.
4. Listings - Responsibilities of Sellers
Listing Description: By listing an item on Flocake Sellers warrant that you and all aspects of the item comply with this Agreement. Sellers also warrant that they may legally sell the item. Sellers must accurately describe your item and all terms of sale in its Storefront. Seller’s listings may only include text descriptions, graphics, pictures and other content applicable to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. The price stated in each item listing description must be an accurate representation of the sale. Seller may not misrepresent the item's location, or use another user's account without permission.
Binding Sale: All sales are binding. The Seller is obligated to deliver the order or otherwise complete the transaction with the Customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Customer fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Customer’s identity. The Customer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. In the event that an order is received that you are unable to deliver, you are responsible for promptly notifying Flocake so that the order can be forwarded to another Seller to fulfill or so that the order can be canceled and refunded to the customer in a timely manner Responsibilities: Notwithstanding anything to the contrary herein, Sellers are solely responsible for all orders placed through its Storefront, whether such orders are lost, unprocessed, mishandled or otherwise. Sellers remain solely responsible even if such failure to fulfill the order is a result of not checking notifications sent to the Seller via Flocake. Sellers are also solely responsible for informing the Customer of any lost, unprocessed or mishandled orders, and for all other Customer relationship matters relating to orders processed through the Seller’s Storefront. We are not responsible in any way whatsoever for the foregoing matters.
5. Prohibited, Questionable and Infringing Items and Activities by All Users
Each user is solely responsible for his/her/its conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that the user submits, posts, and displays on the Site. Furthermore, Sellers may not list any item on the Site (or consummate any transaction that was initiated using the Site) that, by paying to Flocake the final value fee, could cause Flocake to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.
Restricted Activities: Your Content and your use of the Site shall not:
(i) Be false, inaccurate or misleading
(ii) Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
(iii) Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
(iv) Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
(v) Be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
(vi) Be obscene or contain child pornography.
(vii) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(viii) Host images not part of a listing.
(ix) Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Flocake.
(x) Appear to create liability for Flocake or cause Flocake to lose (in whole or in part) the services of Flocake ISPs or other suppliers.
(xi) Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, other agreements hyperlinked herein, or other policy documents as posted on the Site.
(xii) Use the Site to collect orders for any other business to fulfill.
(xiii) Reproduce, duplicate, copy, sell, trade or resell any of the services within the Site for any purpose.
(xiv) Engage in activity that interferes with or disrupt the Site (or the servers and networks which are connected to the Site).
(xv) Contain alcohol Notwithstanding anything to the contrary herein, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.
6. Content, Material & Licenses
We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site, whether those rights happen to be registered or not, and wherever those rights may exist. Unless you have agreed otherwise in writing with Flocake, nothing in this Agreement gives you a right to use any of Flocake’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features. Copyright Ownership of Flocake Generated Content: As part of its services to Sellers, Flocake (either directly or through one of its authorized contractors) may create or otherwise generate images of certain products offered by Sellers (hereafter, “Flocake Generated Content") which may then be utilized to advertise or other sell the respective Seller’s products through Storefronts and Own Custom Sites only. By availing themselves of this service, Sellers acknowledge and agree that Flocake owns any and all rights to use, publish, and copyright Flocake Generated Content in any and all media, now or hereafter known. Sellers further release to Flocake all rights to exhibit this Flocake Generated Content (even if it includes or otherwise encompasses any work that Seller may claim copyright upon) in any and all media, now or hereafter known, publicly or privately. Sellers further acknowledge and agree that they have no right, title, or interest in or to any of the Flocake Generated Content and hereby release and hold harmless Flocake and its successors and assigns from any damages or liability relating to or arising from any use of or modification or alteration to any of the Flocake Generated Content; and hereby waive any claims they may have based on any use of the Flocake Generated Content or works derived therefrom. Sellers further acknowledge and understand that, in the event Sellers’ account with Flocake is terminated (for any reason and whether by Flocake or the subject Seller), Sellers shall have no right to use any Flocake Generated Content, absent the express, written content of Flocake, and must promptly remove any Flocake Generated Content from any materials their publish or distribution in any forum (online or otherwise.)
Flocake License to User Generated Content: Flocake does not claim ownership rights in user content which is content generated solely by its users and expressly defined as not including Flocake Generated Content (hereafter, “User Content"). However, by submitting User Content to the Site, users grant Flocake (and its affiliated third party websites and their operators) a license to fully enable Flocake (and affiliates) to use any information or User Content you supply Flocake with, so that Flocake is not violating any rights you might have in that Content. By submitting User Content to the Site, users further grant Flocake and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) the user has in the User Content, in any media now known or not currently known, with respect to the User Content. Users agree to allow Flocake and its affiliates to store or re-format their User Content on or through the Site and display your User Content on or through the Site in any way as we choose (including for advertising, marketing or other promotional purposes relative to Flocake).
Sellers explicitly grant to Flocake (and its affiliated third party websites and their operators) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content, Sellers submit, post or display on or through the Site (including affiliated third party websites), or post or display on a Seller’s Storefront or Own Custom Sites. Sellers are solely responsible to ensure the User Content posted is of their own images, copyright and intellectual property or that the Sellers have the express written consent to use such User Content. Sellers hereby further grant to Flocake the right to promote the services provided to Sellers in Flocake press kits, press releases, and any other promotional materials related to Flocake. Sellers acknowledge Flocake as the creator and provider of the Site. Unless provided otherwise in a separate written agreement between the Seller and Flocake, Sellers acknowledge and agree that each of them are solely responsible for protecting and enforcing any rights the Seller may have to any User Content that submitted, posted, transmitted or displayed on, or through, the Site and that Flocake has no obligation to protect or enforce those rights on the Seller’s behalf. Users confirm and warrant to v that they have all the rights, power and authority necessary to grant the above licenses to User Content.
As part of a transaction, Sellers may obtain personal information, including email address and shipping information, from another user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Flocake related communications. Flocake does not grant any users a license to use any personal information of any other user for unsolicited commercial messages. Without limiting the foregoing and without express consent from the user, users are not licensed to add any Flocake user to any email or physical mail list.
Re-Posting Content: By posting User Content on Flocake, it is possible for an outside website or a third party may re-post that User Content. Users agree to indemnify and hold Flocake harmless for any dispute, claims or causes that may arise from any such action.
Idea Submissions: We consider any unsolicited suggestions, ideas, proposals or other material submitted to Flocake by users (other than the User Content and the tangible items sold on Flocake by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Flocake shall not be liable for the disclosure or use of such Material. If, at Flocake’s request, any member sends Material to improve the Site (for example through the forums or to customer support), Flocake will also consider that Material to be non-confidential and non-proprietary and Flocake will not be liable for use or disclosure of the Material. Any communication by users to Flocake is subject to this Agreement. Users hereby grant and agree to grant to Flocake, under all of such user’s rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to the user and without further recourse by the user.
7. Information Control
Flocake has limited control of the User Content provided by users and that is made available on the Site. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks of dealing with international trade and foreign nationals. By using the Site, users agree to accept such risks and that Flocake and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers, licensors and representatives (collectively, Flocake’s “Affiliates"), are not responsible for any and all acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
Other Resources: Flocake is not responsible for the availability of outside websites or resources linked to or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Users agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between a user and Flocake, the user should contact Flocake at hel[email protected] to assess the possibility of informal resolution.
Each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, unless expressly noted otherwise herein, including without limitation, this section.
Should a dispute arise between you and any other user or users of the Site, or an outside party, you release Flocake and its Affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Flocake encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable and appropriate.
Flocake, for the benefit of users, may elect to assist users resolve disputes, however, Flocake do so in its sole and exclusive discretion, and Flocake undertakes no formal obligation to resolve disputes between users or between users and outside parties. To the extent that Flocake attempts to resolve such disputes, Flocake does so in good faith and based solely on its policies. Flocake will not make judgments regarding legal issues or claims.
9. Flocake’s Intellectual Property
Flocake, and other Flocake graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Flocake, LLC. in the U.S. and/or other countries. Flocake’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
The Site may contain robot exclusion headers which contain internal rules for software usage. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Flocake by the Site’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, except to the extent expressly permitted by and in compliance with this Agreement or otherwise without our prior express written permission. Additionally, you agree that you will not:
(i) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Flocake’s infrastructure.
(ii) Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in this Agreement from the Site except to the extent expressly permitted by and in compliance with this Agreement or otherwise without the prior express written permission of Flocake and the appropriate third party, as applicable.
(iii) Interfere or attempt to interfere with the proper working of the Site or any activities conducted thereon.
(iv) Bypass the Site’s robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting any other remedies, Flocake may, without notice, and without refunding any fees, delay or immediately remove Content, warn Flocake’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to Flocake, and take technical and legal steps to keep a user off Flocake and refuse to provide services to a user if, not intended to be an exclusive list, any of the following apply:
(ii) We are unable to verify or authenticate any of the user’s personal information or Content.
(iii) We believe that a user is acting inconsistently with the letter or spirit of Flocake’s policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to Flocake’s users or to Flocake itself.
13. No Warranty
FLOCAKE AND ITS AFFILIATES PROVIDE THE SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT FLOCAKE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS;
(ii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND
(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. FLOCAKE AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FLOCAKE OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
14. Liability Limitation
FLOCAKE AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SITE (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE SITE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE, (c) YOUR FAILURE TO PROVIDE FLOCAKE WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE SITE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN FLOCAKE. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU AGREE TO INDEMNIFY AND HOLD FLOCAKE AND ITS AFFILIATES, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST FLOCAKE AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITES OR CONDUCT ON OR THROUGH THE SITE.
16. Access and Data Integrity
Flocake does not guarantee continuous, uninterrupted access to the Site. Although Flocake attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by other users or third parties without Flocake’s knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform Flocake by e-mailing us [email protected]
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
18. No Employment or Agency No Employment Relationship
Flocake is not an employment service and does not serve as an employer of any user (Seller, Customer or otherwise). Flocake is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with any use of the Site. By using the Site, users understand and agree that, if Flocake is found to be liable for any tax or withholding tax in connection with your use of the Site, then you will immediately reimburse and pay to Flocake an equivalent amount, including any interest or penalties thereon.
No Agency Relationship
No brokerage, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, Flocake is not acting and does not act as an agent for any Seller, Customer or any other user or visitor of the Site.
19. Flocake Service
Flocake reserves the right to modify, limit, suspend or terminate any and all services offered on or through the Site (or any feature thereof) for any reason, without notice, at any time. Flocake reserves the right to alter this Agreement or other Flocake policies at any time, so please review the policies frequently.
Flocake may amend this Agreement at any time, and from time to time, in our sole and absolute discretion, without any notice to you. You should regularly review this Agreement as posted on the Site on this page to check for amendments. You understand and agree that if you use the Site after the date on which these amendments have been applied to the Agreement, Flocake will treat your continued use of the Site as acceptance of the updated terms. You may not amend this Agreement at any time without our prior written consent.
21. No Waiver
You agree that if Flocake does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), it shall not constitute a waiver of Flocake’s rights, and as such, those rights or remedies will still be available to Flocake. Nothing in this Agreement shall prevent Flocake from complying with the law and these terms do not confer any third party beneficiary rights.
Notice sent by email shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Flocake may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to Flocake. In such case, notice shall be deemed given three days after the date of mailing.
If you have any questions about this Agreement, please contact us [email protected]