2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
9. Additional Terms and Agreements
Embakify, its affiliates and promotional partners, create, market, promote, and sell various products, services, and digital experiences, such as live baking tutorials including the programs entitled Cookie Decorating 101, Cookie Corner, Spring Flowers, Unicorns Galore, and Getting Fruity (i.e., the “Features”). In connection with these efforts, Embakify desires to include you in connection with the Features defined above.
By signing up to participate in the Features, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, you acknowledge, represent, warrant, and agree to the following:
You are at least 18 years of age.
You agree that the use of the Facebook and/or Zoom platform by you will be conducted through your Facebook, Zoom, or Teachable account; and you agree to comply with and that all terms applicable to the use of the Facebook, Zoom, and Teachable platforms apply, including:
- The Facebook platform terms of service (https://www.facebook.com/terms.php)
- The Zoom platform terms of service (https://zoom.us/terms)
- The Teachable platform terms of service (https://teachable.com/terms-of-use)
You acknowledge that the Features may include up to 2,000 attendees who will observe the Features.
You acknowledge that your participation will be as an observer of the Features with Facebook and/or Zoom comment features open to all attendees of the Features. You may be given the option to be shown on camera or have microphone access to actively participate in the Features. This option will be at the discretion of the host of the Features. If your screen or microphone is activated, you are responsible for managing the video, sound, and content of what you present while using the video and microphone. You are also responsible for managing the display name that may be shown to other participants. You agree not to take any steps to record the Features or any information regarding other participants or observers through Embakify’s digital properties including their Facebook groups, Teachable Portal, and all social platforms, nor in any way related to the Features. You acknowledge that if you are found to have done so, Embakify has the right to remove you from the Facebook group and/or Teachable Portal (without refund) at their discretion.
You acknowledge that Embakify will record the Features and make them available inside the Facebook group and/or the Teachable Portal after the live tutorial (including any video, audio, and commentary you may have provided).
You hereby acknowledge that Embakify has used its best efforts to implement appropriate security measures to ensure the safety and security of the Features, including without limitation, password protecting the Facebook group, Zoom meeting, and Teachable Portal, approving all attendees, obtaining signed releases from all attendees, and monitoring the Features in real-time.
To the extent you post public photos, images, videos, comments, or other materials to social media, Embakify’s Facebook groups, Embakify’s Teachable platform, or Embakify’s Zoom platform referencing the Features and/or Embakify, you hereby grant Embakify and its affiliates, the right to repost such materials in connection with the promotion and marketing of the Features.
You hereby agree to release, indemnify, and hold harmless Embakify, its affiliates, promotional partners, assigns, officers, directors, licensees, licensors, contractors, agents, employees, and those acting under Embakify’s authority, against loss from any allegation, claim, action, or demand that may be brought at any time by you or by anyone acting on your behalf for the purpose of advancing or enforcing a claim for damages related in any way to the Features, and from all claims and liabilities of any kind, including but not limited to claims based on negligence, invasion of privacy or other privacy rights, defamation, or rights of publicity, copyright, or arising out of or in connection with the Features, or in respect of an injury or damage you sustain related in any way to the Features of Embakify’s activities.
Embakify may assign this Agreement and sublicense all or any portion of the rights and releases granted in this Agreement to any party without restriction.
By signing, or digitally acknowledging this release, you certify and represent that you are authorized to enter into this Agreement and that you have read the foregoing and fully understand the meaning and effect thereof. Also, by signing or digitally acknowledging this Agreement, you intend to be legally bound by it.
I understand and acknowledge the terms and conditions of this Agreement, and I hereby expressly agree and consent to this Agreement and will not revoke my consent at any time.