1. Introduction
Welcome to Boundcakes! These Terms of Service ("Terms") govern
your access to and use of our website, services, and products. By
using our Services, you agree to be bound by these Terms. If you
do not agree to these Terms, please do not use our Services.
Please read these Terms carefully. They constitute a legally
binding agreement between you and Boundcakes.
2. Definitions
In these Terms, the following definitions apply:
-
"Account" means the account created by a User
to access and use the Services.
-
"Content" means any text, graphics, images,
music, software, audio, video, information, or other materials
appearing on or through the Services.
-
"Order" means a request to purchase Products
through the Services.
-
"Products" means the fruits, vegetables, and
other items offered for sale through the Services.
-
"Subscription" means a recurring Order for
Products at specified intervals.
-
"User" means an individual who accesses or uses
the Services.
-
"User Content" means any Content that a User
posts, uploads, publishes, submits, or transmits to be made
available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register
for an Account. When you register, you agree to provide accurate,
current, and complete information and to update this information
to maintain its accuracy. You are responsible for safeguarding
your password and for all activities that occur under your
Account. You agree to notify us immediately if you suspect any
unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our
Services. By creating an Account, you represent and warrant that
you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express
permission. We reserve the right to terminate any duplicate
Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any
time for any reason, including but not limited to violation of
these Terms. You may also terminate your Account at any time by
contacting our customer service.
4. Services and Products
4.1 Service Description
Boundcakes provides educational content and resources for learning
Spanish for travel purposes. Our Services include but are not
limited to blog posts, language guides, downloadable materials,
and interactive tools.
4.2 Service Availability
We strive to ensure that our Services are available 24 hours a
day, but we do not guarantee that the Services will be available
at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors.
4.3 Changes to Services
We reserve the right to modify, suspend, or discontinue any part
of our Services at any time, with or without notice to you. We
will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Services.
5. Payment Terms
5.1 Pricing
Prices for our Products and Services are subject to change without
notice. We reserve the right to modify or discontinue any Product
or Service without notice at any time.
5.2 Payment Methods
We accept various payment methods, including credit cards, debit
cards, and other forms of electronic payment. By providing a
payment method, you represent and warrant that you are authorized
to use the designated payment method and that the information you
provide is true and accurate.
5.3 Billing and Collection
If you purchase a Subscription, you will be charged the applicable
Subscription fee at the beginning of each billing period. Unless
otherwise stated, Subscriptions automatically renew until
cancelled by you. You may cancel your Subscription at any time
through your Account settings or by contacting customer service.
5.4 Refunds
Our refund policy is detailed in our Refund Policy document. By
making a purchase, you agree to the terms of our Refund Policy.
6. Content and Intellectual Property
6.1 Our Content
All Content provided by us or our licensors is protected by
copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws. You agree to abide by all
copyright notices, information, and restrictions contained in any
Content accessed through the Services.
6.2 License to Use Our Content
Subject to these Terms, we grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and use the
Content solely for your personal, non-commercial use in connection
with the Services. You may not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the Content without
our prior written consent.
6.3 User Content
By submitting User Content to the Services, you grant us a
worldwide, non-exclusive, royalty-free, sublicensable, and
transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Content in
connection with the Services and our business, including without
limitation for promoting and redistributing part or all of the
Services in any media formats and through any media channels.
6.4 Content Guidelines
You agree that you will not post, upload, publish, submit, or
transmit any User Content that:
-
Infringes, misappropriates, or violates a third party's
intellectual property rights, or rights of publicity or privacy;
- Violates any applicable law or regulation;
-
Is defamatory, obscene, pornographic, vulgar, or offensive;
-
Promotes discrimination, bigotry, racism, hatred, harassment, or
harm against any individual or group;
-
Is violent or threatening or promotes violence or actions that
are threatening to any person or entity;
- Promotes illegal or harmful activities or substances.
6.5 Content Removal
We reserve the right, at any time and without prior notice, to
remove or disable access to any Content, including User Content,
that we, in our sole discretion, consider to be in violation of
these Terms, harmful to the Services, or objectionable.
7. Prohibited Activities
In connection with your use of the Services, you agree not to:
- Violate any applicable law or regulation;
-
Infringe the rights of any third party, including without
limitation intellectual property rights and privacy rights;
- Use the Services to send unsolicited commercial messages;
- Use the Services for any illegal or unauthorized purpose;
-
Interfere with or disrupt the Services or servers or networks
connected to the Services;
-
Attempt to probe, scan, or test the vulnerability of any system
or network or breach any security or authentication measures;
-
Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
-
Collect or store personal data about other users without their
express permission;
-
Use any robot, spider, site search/retrieval application, or
other automated device, process, or means to access, retrieve,
scrape, or index any portion of the Services;
-
Attempt to access or search the Services by any means other than
the interfaces provided by us.
8. Disclaimers and Limitations of Liability
8.1 Disclaimer of Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT
THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ANY CONTENT DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED
AT YOUR OWN RISK.
8.2 Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER
DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE.
8.3 Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold us harmless from and
against any claims, liabilities, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting
fees, arising out of or in any way connected with your access to
or use of the Services or your violation of these Terms.
10. Termination
We may terminate or suspend your access to all or part of the
Services, with or without notice, in our sole discretion, for any
conduct that we, in our sole discretion, believe is in violation
of these Terms or is harmful to other users of the Services, us,
or third parties, or for any other reason.
Upon termination, your right to access and use the Services will
immediately cease. All provisions of these Terms that by their
nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
11. General Terms
11.1 Entire Agreement
These Terms constitute the entire agreement between you and us
regarding the Services and supersede any prior agreements between
you and us relating to the Services.
11.2 Governing Law
These Terms are governed by and construed in accordance with the
laws of Hungary, without regard to its conflict of law principles.
11.3 Dispute Resolution
Any dispute arising out of or relating to these Terms or the
Services shall be resolved by the courts of Hungary.
11.4 Waiver
Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights.
11.5 Severability
If any provision of these Terms is held to be invalid or
unenforceable, the remaining provisions of these Terms will remain
in effect.
11.6 Assignment
You may not assign or transfer these Terms, by operation of law or
otherwise, without our prior written consent. Any attempt by you
to assign or transfer these Terms without such consent will be
null and void. We may freely assign or transfer these Terms
without restriction.
11.7 Notices
Any notices or other communications provided by us under these
Terms, including those regarding modifications to these Terms,
will be given by posting to the Services or, if provided by you,
by email.