Terms & Conditions

Introduction

Welcome to the website and online shop of Chocomaker® Chocolate, Chocolate Fountain, Cake Drip (“Chocomaker,” “we,” “us,” or “our“).

These Terms & Conditions (“Terms”) form a legally binding agreement between you and Chocomaker regarding your access to and use of chocomakers.shop (the “Site“), including any content, functionality, products, and services offered on or through the Site (collectively with the Site, the “Services”).

Please review these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree you have read, understand, and agree to be bound by these Terms in their entirety. If you do not agree, you may not access or use the Site or Services.

1. Eligibility and Account Registration

You must be at least 18 years of age to access or use the Site or Services. If you are under 18 but at least 13 years old, you may only use the Site and Services under supervision of a parent or guardian who has agreed to these Terms.

Certain features and areas of the Site and Services require you to register for a user account. When you register, you agree to provide accurate and complete registration details, and keep those details updated at all times.

If we have reasonable grounds to suspect information you provide is inaccurate, untrue, incomplete, or outdated, we reserve the right to suspend or terminate your access and account. Activities on accounts registered by bots or other automated methods are not permitted.

You are responsible for maintaining the confidentiality of your user name and password, and agree not to share or enable others to use your credentials. You must immediately notify us of any unauthorized use of your credentials or breach of security through the Site or Services.

2. Our Site and Services

Site Availability: We try our best to ensure the Site and Services are available for access and use 24/7. However, we cannot guarantee availability of the Site or Services, or any component features, at all times. The Site and Services may be interrupted for maintenance, upgrades, overloads, emergency situations, and other reasons beyond our control.

Service Changes: We are constantly trying to improve the Site and Services, so they may change frequently and without notice to you. We reserve the right to pause, alter, amend, remove, expand, or discontinue any or all aspects of the Site and Services in our sole discretion.

Content Ownership: All content and materials on the Site and Services, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, code, data, and software, as well as the selection and arrangements thereof (“Site Content”) are the exclusive property of Chocomaker and our licensors. All Site Content is protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights.

Any authorized use of Site Content must be properly credited to Chocomaker and our licensors, as applicable. Use for any purpose not expressly permitted in these Terms is a violation of our intellectual property rights.

3. Acceptable Use Policy

You must access and use the Site and Services responsibly, safely, and lawfully in accordance with these Terms. Your access and use must not violate any applicable laws, regulations, rules, codes of conduct, or third-party policies. You are prohibited from any use or attempted use that harms us or interferes with performance or proper functioning of the Site or Services. Specifically prohibited conduct includes, but is not limited to:

• Illegal or Fraudulent Activities: Using the Site or Services to violate any applicable local, state, national, or international laws, regulations, rules, licenses, right, or public policy; engage in deceptive marketing; commit fraud or theft; pursue pyramid schemes or other illicit business models; etc.
• Intellectual Property Infringement: Copying, distributing, displaying, performing, duplicating, reproducing, licensing, selling, or otherwise exploiting any Site Content without our express written permission.
• Trademark Infringement: Using or attempting to use our trade names, trademarks, service marks, logos, domain names, or other identifiers in any unauthorized way, including without limitation to advertise, display, disparage, dilute or tarnish these identifiers.
• Offensive Content: Using or attempting to use the Site or Services to promote violence, hatred, harassment, discrimination, racism, intolerance, or harm against others.
• Dangerous Content: Submitting or transmitting through the Site or Services any viruses, worms, defects, Trojan horses, malware, ransomware, time bombs, spyware, malware, or other code, files or programs that could disrupt, harm, or comprise Site Content or Site functionality.
• Threats: Making any false, defamatory, or fraudulent offers, promises, or statements in connection with the Site, Services, or Chocomaker. Making any unsolicited offers or spam. Stalking, harassing, threatening, or making legally actionable statements against any user, customer, employee, contractor or other stakeholders of Chocomaker.
• Security Violations: Attempting to circumvent or compromise the security of the Site or Services, or authorize, assist, or encourage others to do so, including accessing data not belonging to you, log into a server unlawfully, or test security of systems without authorization. Falsifying header data or user agent identification in any network request to the Site. Scrape, crawl, index, spider, scrape, mine, harvest, or create copies of Site Content and data without permission. Interfere with or damage Site performance, stunts, or tools.
• Inauthentic Activity: Posting or transmitting any unsolicited advertising or promotional content, pyramid schemes, or other deceptive, dishonest, or unlawful content through the Services. Collecting usernames and/or email addresses of users to send unsolicited emails or for other unlawful purposes. Impersonating any person or entity or making any false statement pertaining to your identity, employment, agency, or affiliations with any person or entity. Falsely imply endorsement or association with us.
• Private Information: Collecting, processing, transferring, using, or disclosing personal data of other users without consent or legal basis. Posting or transmitting any private, personally identifiable, sensitive or confidential information belonging to others through the Services.
• Other Harmful Conduct: Facilitating any violations of these Terms. Using any automated processes or services to access, search, scrape, copy, monitor, display, or distribute Site Content or data. Covering/obscuring advertisements through HTML elements, CSS designs, or other methods. Interfering with proper functioning of our Sites and Services by placing excessive burdens on our servers through automated queries, excessive downloads, denial of service attacks, and other harmful acts.

Consequences: Violations may lead to account suspension, termination, and/or legal prosecution. You may be held legally liable for damages or losses incurred by Chocomaker or others due to your misconduct.

Reporting Violations: Please report any conduct you believe violates these Terms via email to [email protected].

4. Purchasing Products

The Site allows you to make online purchases of products like chocolate, chocolate fountains, cake supplies, and more. The following terms apply to any online orders, transactions, or purchases made through the Site:

• Product Availability: Products displayed through the Site are available while supplies last and may sell out quickly. Stock status is updated periodically but may not reflect real-time availability. Chocomaker cannot guarantee availability of any product.
• Product Descriptions: We strive to accurately describe our products, including ingredients, materials, quality, and other relevant details – based on information provided by suppliers and manufacturers. However, we do not warrant any product descriptions to be accurate, complete, reliable, current, or free from errors or omissions. You acknowledge product packages, inserts, ingredients, and quality may vary from images shown.
• Prices: All listed prices are in U.S. Dollars and must be paid in full at time of purchase. Promotional prices, discounts, rebates, and other special offers are valid for limited time periods while supplies last, and exclusions may apply. We reserve the right to adjust pricing at any time in our sole discretion.
• Shipping & Delivery: We strive to ship all orders within our advertised timeframes; however, delays may occur based on product availability, order processing times, address verification, payment authorizations, and other factors. Shipping timeframes do not account for potential transit delays beyond our control. We cannot guarantee arrival dates or expedited delivery, even if expedited shipping is purchased.
• Returns & Refunds: If you are unsatisfied with your purchase, you may request a refund or exchange in accordance with our Return Policy posted [HERE].
• Taxes: You are responsible for any taxes and duties associated with your order, including sales, use, excise, import, and value-added taxes (VAT), etc. If you are exempt, you must provide a valid tax exemption certificate.
• Governing Terms: All purchases through the Site are governed solely by these Terms and any additional terms and policies incorporated herein, including our Shipping & Returns Policy. Any separate or conflicting purchase terms presented by you shall be void.

5. Intellectual Property Rights

“Chocomaker IP” means all Site Content, Services, and trademarks, copyrights, patents, trade secrets, logos, names, insignia, symbols, designs or other identifiers associated with Chocomaker, including:

• Chocomaker®
• Chocomaker Chocolate®
• Chocomaker Fountain®
• Chocomaker Delight®
• Chocomaker Cakery®
• Chocomaker Sweets®

All Chocomaker IP is owned solely by us and protected by copyright, trademark, patent, trade secret and other intellectual property laws of the U.S. and internationally.

Permitted Uses of Chocomaker IP: You agree you will not use any Chocomaker IP for any purpose without express, prior written consent from us. However, we grant you a limited license to feature or incorporate Chocomaker trademarks into advertisements and communications about Chocomaker products you have purchased solely to accurately identify those products, provided your use complies with our Trademark Usage Guidelines available [HERE].

Prohibited Uses of Chocomaker IP: Any use of Chocomaker IP that exceeds the scope of license granted above is strictly prohibited, including:

• Registering or attempting to register any Chocomaker IP as your trademark, service mark, trade name, store name, domain name, app name, channel name, social media handle, account name, group name, or other source identifier
• Using or displaying any Chocomaker IP in advertisements and marketing in a manner likely to cause confusion
• Using or displaying any Chocomaker IP in connection with products you do not have authorization to sell or associate with Chocomaker IP
• Using or displaying any Chocomaker IP in any manner that disparages, dilutes the value of, or reflects negatively on Chocomaker IP or Chocomaker
• Attempting to sublicense, transfer, assign or pledge your limited license rights to any Chocomaker IP

Any goodwill generated by your authorized use of Chocomaker IP will inure solely to the benefit of Chocomaker. We reserve the right to revoke this license at any time, for any reason.

6. Paid Services and Subscriptions

Certain aspects of the Services may be provided for a fee or available only through paid subscriptions. Subscriptions are subject to the following policies:

• Billing: You agree to pay all fees, charges, and taxes applicable to your subscriptions and orders in advance at the time of purchase. Recurring subscription fees will be billed automatically in advance on a periodic basis until cancelled.
• Automatic Renewal: Subscriptions automatically renew for successive renewal terms unless cancelled at least 24 hours prior to the end of the current period. You must maintain valid payment information on file to process renewals.
• No Refunds: Payments are non-refundable and we do not provide refunds or credits for any partial subscription terms, except if required by law.
• Cancellation: You can manage and cancel paid Services and subscriptions at any time through your account or by contacting our support team. Upon cancellation, you lose all access to paid content and features.
• Changes: We reserve the right to change or end paid Services and subscriptions at any time after the current paid term.
• No Credits: Accounts are not entitled to any credits due to delays or interruptions of access or Services. However, you may be entitled to a refund for any full days of outage caused by us.

7. User Content

“User Content” means all text, images, videos, audio, or other content you submit or transmit through the Site or Services, such as product reviews, comments, forum posts, messages, chat content, social media interactions, etc. User Content is at your sole risk and discretion.

Rights in User Content: You retain ownership rights in your User Content. However, by submitting User Content, you grant us an unlimited, perpetual, transferable, sublicensable, royalty-free license to use, store, reproduce, modify, distribute, create derivative works, publicly display, and perform the User Content in connection with our Services and in any media or manner.

Community Usage Rules: You may only post User Content that you have permission to freely share and that does not violate Section 3 Acceptable Use Policy of these Terms. You are solely responsible for your User Content. We are not liable for any mistakes, defamation, or legal liability you may expose yourself to through User Content.

Editing and Removal: We reserve the right, but do not have any obligation, to review, monitor, edit, redact, reject, delete or remove any User Content at any time without notice for any reason. This includes User Content that violates these Terms or is deemed unacceptable to us in our sole discretion.

Complaints About Content: If you believe any User Content violates laws, rights or these Terms, please notify us at [email protected] so appropriate actions can be taken.

8. Links to Third Party Websites and Apps

The Services may contain links to third-party websites, apps, offers, services, products, tools, utilities, etc. Examples include Facebook, Twitter, Instagram, YouTube, Pinterest, payment processors, email service providers, etc.

Third-party sites may have their own policies, terms, disclosures, and fees that apply to you. We are not responsible or liable for the availability, accuracy, content, policies, advertising, products, services, or other materials of any third-party site or service. Links should not be interpreted as endorsements of those sites by us. You use links at your own risk.

9. Disclaimers and Limitations

Site & Services Provided “AS-IS”: The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, including that they will be: uninterrupted; timely; secure or error-free; virus or malware free; ACCURATE OR RELIABLE; free from defects, vulnerabilities, or damages; compatible with your equipment, software or devices; or fit for any particular purpose. All use of the Site and Services is undertaken at your own discretion and risk.

No Liability for Conduct or Content: We are not liable for any User Content or Third Party Conduct. We have no responsibility to pre-screen, monitor, edit, or remove any content.

Technology Disclaimer: We cannot guarantee our Site and Services will be compatible, displayed properly, or function with your browser, device, operating system, equipment, or other technology. We are not liable for any resulting damages or losses from technical difficulties you experience.

Release of Claims: You expressly waive and release Chocomaker from any claims, damages, liabilities, costs, harms, injuries, or losses arising from or related to the Site, Services, or Terms. If you are a California resident, you waive California Civil Code 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Limitation of Liability: Chocomaker’s total, aggregate liability arising from or relating to the Site, Services, or Terms shall not exceed the greater of: (i) the total amount of fees, if any, you paid to Chocomaker in the 12 months prior to the circumstances giving rise to the claim; or (ii) One Hundred U.S. Dollars.

10. Indemnification

You agree to fully indemnify, defend, and hold harmless Chocomaker and our officers, directors, shareholders, members, affiliates, employees, contractors, agents, representatives, partners and licensors (each an “Indemnified Party”) from and against any and all claims, damages, harm, losses, costs, liabilities, and expenses, including reasonable attorneys’ fees, arising from or related to:

(a) your access or use of the Site, Services, or Site Content;

(b) your User Content;

(c) your violation of these Terms or applicable law;

(d) any products, items or Services purchased or transacted through your account; or

(e) your negligent or willful misconduct. You agree to promptly notify the Indemnified Party/ies of any damage, loss, harm or expense subject to indemnification and cooperate fully with Indemnified Party/ies’ defense. Indemnified Party/ies reserve the right to assume exclusive defense and control of any claims subject to indemnification.

11. Severability & Non-Waiver

Severability: If any provision or sub-provision of these Terms is determined to be invalid, illegal, void, or unenforceable by any judicial or regulatory authority, the remaining provisions and sub-provisions will remain intact and enforceable. If any illegal or unenforceable provision is integral to the balance of these Terms, the provision will be deemed to be restated to reflect original intent as closely as possible.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of future enforcement of that or any other right or provision.

12. Termination

We reserve the right, without notice and in our sole discretion, to terminate or restrict your access to the Site, Services, or Site Content. We may suspend or terminate accounts that violate Terms.

Sections 1, 3-5, 7-12 shall survive and remain in effect even if your access or these Terms are terminated.

13. Governing Law

These Terms and your access, use, and actions on the Site are governed by the laws of the State of California and United States law, without regard to conflict of law principles. Any dispute arising from or relating to the Site, Services, Terms, or your access or use thereof must be brought exclusively in the state or federal courts located in Santa Clara County, California.

14. Changes to Terms of Use

We may revise these Terms from time to time in our sole discretion. If there are material changes to these Terms, we will post an updated notice through the Services and update the “Last Updated” date above. You are advised to check for updates periodically. By continuing to access or use our Services after revisions become effective, you agree to be bound by the updated Terms.

15. How to Contact Us

If you have any questions or concerns about the Site or Services, please contact our Legal Department at:

Chocomaker® Chocolate, Chocolate Fountain, Cake Drip
Attn: Legal Counsel
123 Chocolate Way
Chocolate Town, CA 54321
United States

Email: [email protected]

These Terms were last updated on March 1, 2023.

Thank you for being a valued Chocomaker customer!