These "Terms and Conditions" govern the use of ("Website"). They also provide notice of some of Cake Arcade's policies. Please read these carefully.
If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by these Terms and Conditions. Cake Arcade may revise these Terms and Conditions at any time at its sole discretion by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.
Use of Material.
Cake Arcade authorizes you to view and download a single copy of the material on Cake Arcade (the "Website") solely for your personal, noncommercial use.
The contents of this Website, such as the "look" and "feel" of the Website, text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of Cake Arcade or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of Cake Arcade and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML or other code that Cake Arcade creates to generate its pages. It is also protected by Cake Arcade's copyright.
Acceptable Site Use.
General Rules: Users may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing, tortuous, hateful or otherwise objectionable.
Standards for Internet Conduct/Acceptable Site Use.
In connection with your use of the Website, you will not:
•Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
•Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous otherwise objectionable or that may invade another's right of privacy or publicity.
•Impersonate any person or entity, including without limitation a Cake Arcade employee or agent, an authorized user of Cake Arcade's services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
•Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than yourself).
•Delete or modify any material posted by any other person or entity not related to you.
•Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
•Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
•Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
•Violate or attempt to violate the security of the Website, including, without limitation:
accessing data not intended for such user or logging into a server or account that the user is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Website, overloading, continuous posting of repetitive text, "flooding", "spamming", "mail bombing" or "crashing";
sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. Cake Arcade will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
The Website may only be used only for lawful purposes. Cake Arcade specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:
•Deleting or revising any material posted by any other person or entity.
•Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site.
•Taking any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure.
•DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
•Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Cake Arcade on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
•Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
•Framing of or linking to any of the materials or information available from the Website.
Use of Secure Area and Password.
Use of any password-protected area of the website is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to Cake Arcade resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Cake Arcade of any unauthorized use of your registration or password.
Cake Arcade DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Cake Arcade IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Cake Arcade, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.Cake Arcade MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL Cake Arcade, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Cake Arcade IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links To Other Sites.
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Cake Arcade of the contents on such third-party websites. Cake Arcade is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Website.
Limitation of Liability.
The aggregate liability for Cake Arcade to you for all claims arising from the use of the Materials is limited to $100.
Cake Arcade reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by Cake Arcade, upon any breach by you of these Terms and Conditions or if Cake Arcade is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website.
You agree to defend, indemnify, and hold harmless Cake Arcade, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Cake Arcade shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.