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Terms of Service

These Terms and Conditions of Use ("Terms of Use") apply to “flakynotflaky.com”, (“the Website”) operated by Anna Caraballo. (“AC”). Please read these Terms of Use carefully before using the Websites. By accessing the Websites you consent to these Terms of Use and other applicable law. Please do not use the Websites if you do not agree with these Terms of Use. AC reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use of this Website and agree that your continued use of the Website constitutes your consent to the latest modified Terms of Use.

INTELLECTUAL PROPERTY

All Content in the Websites is owned by AC. “Content” includes, but is not limited to all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with AC for the purchase of AC products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by AC.

TRADEMARKS

All trademarks, service marks and trade names of AC used herein, may not be used without the express written permission of AC. All other intellectual property in the Websites, including, but not limited to patents, issued or pending, is the sole property of AC and/or its licensors.

PRIVACY

AC takes the privacy of the users’ of its websites seriously and is committed to its safeguarding. Privacy terms in connection to the Websites are described in our Privacy Policy.

PRODUCT ORDERS

AC reserves the right to change the descriptions, specifications, and prices of the products offered on the Websites without notice and at any time. AC does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times. Products may not be available for delivery to your area.

Products ordered through the Websites are subject to acceptance by AC at its sole discretion. AC may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by AC, AC shall issue a credit to your credit card account.

RISK OF LOSS

Risk of loss and title for all products purchased from AC will pass to you upon AC’s delivery of such products to its shipping carrier.

LINKS TO THIRD PARTIES

For your convenience, links to websites owned by third parties may be provided on the Websites from time to time. These links take you outside AC’s service and off the Websites. This includes links to partners that may use AC's logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although AC seeks to protect the integrity of its Websites, AC is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

USER GENERATED CONTENT

AC does not, and you agree that AC has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Websites (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Websites) (collectively, “User Generated Content”), that AC is not in any manner responsible for User Generated Content, that AC does not guarantee the accuracy, integrity or quality of User Generated Content, and that AC cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Websites. You acknowledge that by providing you with the ability to access and view User Generated Content on the Websites, AC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of AC or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that AC has the absolute right to monitor User Generated Content posted to the Websites in its sole discretion. In addition, AC reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify AC in writing of any objectionable content appearing on the Websites. AC will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Websites, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the Websites which AC in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of AC or another party, illegal, or otherwise objectionable to AC. You may not upload commercial content on the Websites or use the Websites to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Websites.

USE OF INFORMATION SUBMITTED

You agree that AC is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Websites, or created by you while accessing the Websites (including, without limitation, any designs or other materials created or submitted by you on the Websites), or contained in any communication you may send to AC or submit to the Websites without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Websites or other products or services.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Websites, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Websites or for any service offered on or through the Websites, the latter terms shall control with respect to your use of that portion of the Websites or the specific service.

DISCLAIMER OF WARRANTIES

THE WEBSITES AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

AC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITES. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITES AND ANY LINKED SITES.

LIMITATION OF LIABILITY

AC WILL NOT BE LIABLE FOR DAMAGES OR INJURY CAUSED BY THE WEBSITES OR ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. AC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITES.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

MISCELLANEOUS

Your use of the Websites shall be governed by the laws of the State of Georgia, USA, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Websites (including, but not limited to the purchase of AC products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Georgia. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of AC products) must be commenced within one (1) year after the claim or cause of action arises. By using the Websites, you agree to receive electronic communications from AC. You agree that any notice, agreement, disclosure or other communication that AC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. AC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Privacy Policy

AC agrees to maintain high standards in respecting the privacy rights of our customers and to those visiting our website. To ensure your privacy rights are not violated, AC has instituted policies and procedures as outlined below.

By entering and using this website, you acknowledge and agree that the following privacy policy is part of the terms of service and that you agree to AC's privacy policy and to be bound by it. AC reserves the right to change the terms of service, including this privacy policy, at any time, without advanced notice. Any changes to our privacy policy will be posted on this page so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it.

The term "Flaky Not Flaky" or "we" or "us" or "our" refers to Flaky Not Flaky whose registered office is 1080 Peachtree St NE Atlanta Ga 30309. The term "you" refers to the user of our website.

When you send an email to us or view the website, you consent to receive email communications from us in response. AC may communicate with you by email, or by posting notices on our website. You also agree that all agreements, notices, and all other communications provided to you by us satisfy any legal requirement that the communication be in writing. In addition, all communications with us become the property of Flaky Not Flaky.

We collect your personal information when you sign up for our newsletter, mailing list or choose to be notified of any special offers or contests that we may be running. We do this with intent to provide better services to you. We may gather information to determine the areas of our website that you view as well as the IP address you use to connect to our website. We may use this information to improve your experience on our website, to market our baked goods. We may share your information without personal details to companies assisting us in serving you better. These companies must agree to protect your private information in a manner similar to our privacy policy.

We do use your information to better understand how you navigated through our website and how to improve it. We will use your personal information to process orders and to comply with any legal requirements.

We may also use your purchase information to determine which baked goods you purchased and to offer you other baked goods that we think may interest you.

Your email address is used to correspond with you about any orders, offers, contests, etc. You may opt out of receiving any offers, newsletters, etc. by clicking on the "unsubscribe" link.

We may use third party advertisers to display ads on our website as well as companies to provide tracking and analysis of information and data collected from guests to our website. They may use cookies or other tools to measure how you respond to their advertisements but any personal information that we collect will remain private. You may also choose to browse our website without cookies. Please check your browser to learn how to disable cookies while using our website.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Any information or materials on this website are to be used entirely at your own risk, for which we shall not be liable. This website contains material which is owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance and graphics. You are not permitted to reproduce any of this material except as permitted by law, which is incorporated herein.

All trademarks reproduced in this website, which are not the property of, or licensed to us are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

You may not create a link to this website from another website or document without AC's prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Georgia.

Cookie Policy (Not those cookies)

WHAT ARE COOKIES?

This site uses cookies.  We use cookies mainly to improve and analyze your experience on our websites and for marketing purposes.

A cookie is a small text file stored on your device when you are visiting websites. We use the term "cookies" here for techniques such as cookies, Flash cookies, social media plug-ins, pixel tags and web beacons.

Cookies set by us are called "first party cookies".  Cookies set by parties other than us are called "third party cookies".  Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like personalized advertising and analytics). Please find further information, in addition to our Privacy Policy, below. 


WHAT KIND OF COOKIES ARE USED BY US?

There are different cookies for different purposes. We mainly use cookies to improve your experience on our website and for marketing purposes.

Information collected by the cookies may include e.g. the following type of information (this depends on the cookie in question): device type, unique browser identifier, IP-address, unique cookie identifier, browser type, language, country, operating system, system settings, information about your interaction with our sites such as purchases, indicated preferences and click behavior.

We do not control the functioning of cookies from third-parties. The respective third parties are responsible for such cookies and for their own data processing.

ESSENTIAL COOKIES

These cookies are essential in order to help you to move around on the website and use basic functions (e.g. shopping basket). These cookies are required to enable core site functionality.

PERFORMANCE

Performance cookies collect information how visitors use the website in anonymous and aggregated form. They are used to analyze and improve how the site works.

FUNCTIONALITY COOKIES

Functionality cookies allow the site to remember choices made by you (e.g. user name, language or the territorial region) and thus they provide more personal features. They can be used to provide services you have asked e.g. watching a video.

ADVERTISING COOKIES

These, typically third party cookies, are used to deliver ads more relevant to you. They will also limit the number of times you see a particular ad as well as they measure the effectiveness of the ad campaigns. They remember your device’s visit in the site and help to understand shopping behaviors and thus to improve our site and provide ads and offers of interest. Further, they enable you to like or recommend us on social media (such as Facebook, Twitter, Instagram, Pinterest) and help you to rate and review our products.

Third parties may share their advertising cookies with several sites and they may enable us and/or third parties to recognize those sites visited. Advertising cookies enable the provision of relevant ads in our and third party sites based on the data obtained from those third-party cookies. Third party advertising cookies and services, used by us, include for example Google Ads, Facebook, Bing Ads, Yahoo! Ads and Instagram Ads.


HOW TO DISABLE COOKIES AT ANY TIME?

You can change your browser settings to delete or prevent certain cookies from being stored on your computer or mobile device. The ‘help’ section in your browser should provide information on how to manage the cookie settings in the browser. However, it should be noted that the blocking of cookies might affect the site functionality.

If you want to accept only cookies by us but not the cookies from third parties, you can typically (depending on your browser) select from your browser settings "Block third-party cookies”.

How to disable cookies in different browsers:

http://www.aboutcookies.org/how-to-delete-cookies/

If you wish to deny the site from placing cookies on your device (e.g. computer or mobile phone), you may block cookies in your browser settings:

Internet Explorer: https://support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies

Google Chrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647

Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies

Safari: http://support.apple.com/kb/PH5042

Opera: https://www.opera.com/help/tutorials/security/privacy/

Adobe (flash cookies): http://www.adobe.com/privacy/policies/flash-player.html

For other browsers, please check the support website for your browser.

Instructions by Google how to opt-out from targeted marketing:

https://support.google.com/ads/answer/2662922?hl=en

Instructions by Facebook for ads settings:

https://m.facebook.com/ads/settings

Find out more about cookies, targeted marketing and how to opt-out:

http://www.allaboutcookies.org/

http://www.aboutads.info/choices or http://www.youronlinechoices.eu/ 

https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options

CONTACT US

The Website is operated by Anna Caraballo. You can contact us at  info@flakynotflaky.com.