Updated October 5, 2009
WHAT WE ARE: Zen Cupcake.com is owned and operated as a cupcake appreciation blog. It is published strictly for the entertainment and enjoyment of fellow cupcake fans. The Site is provided solely as a convenience to the public for non-commercial use.
RESTRICTION OF SITE ACCESS THROUGH AMERICA ONLINE (“AOL”), A PROXY SERVER OR THIRD PARTY ACCESS
Access to Zen Cupcake.com is granted as a privilege. Therefore, YOU may NOT access this Site through the use of an America Online (“AOL”) Internet Service Provider (“ISP”), a proxy server or through the use of any third party internet access designed to conceal your access to and on this Site. To those with the intent to do harm under cover of an AOL dynamic IP, be warned. Your use of AOL brings your civil and criminal wrongdoing within the jurisdiction of the federal courts, despite intrastate access. The AOL servers are located outside the borders of California, thus creating an interstate communication punishable under federal cybercrime laws.
YOU agree not to forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of your access to or via this Site. To access this Site, an identifiable Internet Protocol (“IP”) address must be used. Your use of a proxy server to access this Site will constitute a calculated attempt to conceal your identity in order to prevent detection of your illegal, abusive, harassing or threatening conduct on or via this Site.
You may not solicit any third party, specifically any third party who resides outside the jurisdiction of the United States for the purpose of accessing this Site with the intent to commit any illegal, abusive, improper or harassing computer access on your behalf.
Improper access of this Site is defined as, but not limited to, your use of any third party, to access this Site with the use of a “spoofed” IP address and geographic location and/or hijacked internet account in order to create a false and fabricated record of internet traffic.
Improper access of this Site includes, but is not limited to your recruitment of any third party to aid YOU in your scheme, plan, design, stratagem and/or manipulation with the intent of deceiving law enforcement and the criminal justice system. Said conduct will constitute obstruction of justice with the intent to thwart any civil and criminal prosecution of your illegal access to the Site Owner’s computer and your malicious destruction of her private and confidential records beginning in August 2008 and continuing to the present.
False and fabricated internet traffic is defined, but not limited to, the use of a dynamic IP address or any remote computer, which you do not normally use for home or business, to camouflage your true identity in order to do harm to this Site. Illegitimate access to this Site includes, but is not limited to the use of a dynamic IP address and the repeated act of logging in and out of this Site with the intent to design a false and misleading pattern of internet traffic to this Site.
You are prohibited from using spoofed IP addresses, hijacked internet accounts, fake email accounts, which you do not normally use in the course and scope of your regular communications and/or an manipulated geographic locations to access this Site. Any harm caused by any third party acting on your behalf or at your direction will subject YOU to civil and criminal penalties.
YOU agree to use the Site only for lawful purposes and YOU acknowledge that your failure to do so may subject YOU to civil and/or criminal liability. YOU agree that YOU shall not upload, transmit, distribute, publish or threaten to publish, disseminate or broadcast any content and/or commit any act through this Site that:
1. violates any law or constitutes or advocates illegal or violent activity or intentionally or unintentionally violates any applicable local, state, national or international law;
2. promotes or provides instructional information about illegal activities, promotes physical harm or injury against any governmental entity, group or individual;
3. constitutes stalking, cyberstalking and/or illegal and improper surveillance of anyone connected with the Site, including but not limited to any user, person or company that has a personal or business relationship with the Site;
4. is libelous or defamatory, intrudes into the solitude and privacy of the Site owner and any other person connected with this Site who has the unconditional right to be left alone;
5. YOU will not commit any act, which tends to mislead or reflect unfairly on any person, business or entity with a relationship to this Site;
6. may be (a) unlawful, abusive, bullying, threatening, harassing, degrading, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic, inflammatory or otherwise expresses bigotry or racism;
7. uses any virus, worm, Trojan Horse, malware, spyware or other computer code, file, or program that is harmful or invasive or that may or is intended to interrupt, damage, destroy, or hijack the operation of, or to monitor the use of, any hardware, software or telecommunications equipment;
8. harvests or collects member names and User IDs, from the Site, personally identifiable information, including but not limited to email addresses of any users of the Site;
9. collects or stores personal data about other users for illegal, (including but not limited to blackmail and extortion) improper, or business purposes;
10. uses any Site membership, subscriber or distribution lists, which include the name of identity of any person who has not given specific permission to be included in such a process;
11. solicits passwords or personal identifying information from other users with the intent to blackmail, extort, threaten, humiliate, degrade, or embarrass the Site owner and/or any user of the Site;
12. creates or transmits unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interferes with other user’s or member’s enjoyment of the Site;
13. contains a virus or other harmful or disruptive component or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;
14. attempts to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means;
15. uses any robot, spider, Site search/retrieval application or other manual or automatic device to rip, retrieve, index, “scrape,” “data mine” or in any way gather content or photos, or materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site;
16. interferes with or disrupts the operation of the Site or the servers or networks used to make the Site available; or violates any Terms of Service or Use of such networks.
17. restricts or inhibits any other person from using the Site, including but not limited to hacking or defacing any portion of the Site; or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to use the Site;
18. frames or mirrors any part of the Site without the express prior written consent of the Site owner; or forges headers or otherwise manipulates identifiers in order to disguise the origin of any content or material transmitted through the Site;
19. connects to Zen Cupcake.com servers by any other means other than http requests using a Web browser. YOU may not attempt to gain access to Zen Cupcake servers by any means, including but not limited to administrator passwords or impersonating an administrator;
20. disrupts, overwhelms, attacks, modifies, reverse engineers or interferes with the Site or its associated software, hardware and/or servers in any way;
21. violates, plagiarizes or infringes any rights of any entity or person, including copyrights, trademarks, patents, rights of publicity or privacy (including but limited to the publication of any photographs of the Site owner, private medical information, medical history, addresses, email, phone numbers, or any other contact information without the written consent of the owner of such information) or any other proprietary rights;
22. is otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
23. advertises or otherwise solicits funds or is a solicitation for goods or services;
24. harms minors in any way;
25. impersonates any person or entity, including but not limited to the Site owner and any author, reader, subscriber or user of the Site;
26. falsely states or otherwise misrepresents your affiliation with the Site, Site owner or other person or entity with a relationship to the Site or expresses or implies that the Site owner endorses any statement made by YOU;
27. employs tactics to prevent the full and complete display of advertisements on Zen Cupcake. These include, but are not limited to, making changes, customizations, or overrides that effectively block or substantially impair the display of advertisements or other pages within Zen Cupcake;
28. exceeds the scope of the Site, for example, accessing and using features that YOU do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when YOU have not been granted the privileges to do so;
29. constitutes in Zen Cupcake’s sole discretion, conduct that is considered inappropriate, unauthorized or objectionable.
YOU may not authorize others to use the Site, and YOU are responsible for all use of the Site by those YOU allow to use, or provide access to the Site. YOU agree to indemnify Zen Cupcake, and its affiliates, directors, officers, employees and representatives and hold them harmless from any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees YOU may incur, including but not limited to any injuries to third parties arising out of your use of your use of any website, blog, domain or internet property owned or operated by Zen Cupcake .com relating to:
(a) the breach of these terms of service by YOU or any third parties acting on your behalf,
(b) any fraud, manipulation, deception or misrepresentation by YOU,
(c) any civil, criminal or statutory wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site, and,
(d) any violation of any applicable federal, state or immigration law, statute or regulation by YOU.
USE OF MATERIALS
Zen Cupcake respects the intellectual property of others and we ask our users to do the same. Zen Cupcake may, in appropriate circumstances and at its discretion, suspend access of and take action against users, subscribers or any third parties who infringe the copyright rights of others.
YOU may use the Content online and for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. For example, YOU may not distribute any Content or make copies of it available to anyone else, whether or not for payment or other consideration. YOU may not create any derivative works from any Content or remove any trademark, copyright or other notice from any Content. YOU may not otherwise modify copy, frame, reproduce, sell, publish, transmit, display or otherwise use any Content or any portion of the Site without the prior written permission of Zen Cupcake, its licensors or respective owners.
The Site also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by its service providers or its licensors and is not clearly identified as, or intended, for your use. That includes, but is not limited to, the organization, design, compilation, and personality of the Site, and advertising thereon (“Site Content”).
The Site Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Zen Cupcake, its licensors or respective owners. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by YOU, directly or indirectly, of any such Content, including but not limited to the removal or alteration of advertising is prohibited except for the limited rights of use granted hereunder.
CHOICE OF LAW AND FORUM
YOU and Zen Cupcake.com agree to submit to the personal jurisdiction of the courts for the purposes of litigating any such action and YOU waive any and all jurisdictional, venue or inconvenient forum objections to such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this Site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of and in accordance with the laws of the state of California.
WAIVER AND SEVERABILITY OF TERMS
/ s /
April 25, 2009
County of San Francisco
State of California