TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND Phone Frosting®Phone Frosting®
The Phone Frosting® Web Site is comprised of various Web pages operated by Phone
The Phone Frosting® Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your use of
the Phone Frosting® Web Site constitutes your agreement to all such terms, conditions,
Phone Frosting® reserves the right to change the terms, conditions, and notices under
which the Phone Frosting® Web Site is offered, including but not limited to the charges
associated with the use of the Phone Frosting® Web Site.
EMAIL ADVERTISEMENTS AND SOLICITATIONS
The Phone Frosting® Web Site may from time to time send you advertisements,
solicitations and/or promotional materials by email. You may opt out from receiving
these advertisements, solicitations and promotional emails by clicking the appropriate
link in these advertisements, solicitations and promotional materials emails.
LINKS TO THIRD PARTY SITES
The Phone Frosting® Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Phone Frosting® and Phone Frosting®
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Phone Frosting® is not responsible for webcasting or any other form of transmission
received from any Linked Site. Phone Frosting® is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Phone
Frosting® of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Phone Frosting® Web Site, you warrant to Phone
Frosting® that you will not use the Phone Frosting® Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use the
Phone Frosting® Web Site in any manner which could damage, disable, overburden,
or impair the Phone Frosting® Web Site or interfere with any other party's use and
enjoyment of the Phone Frosting® Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available orprovided for through the Phone Frosting® Web Sites.
USE OF COMMUNICATION SERVICES
The Phone Frosting® Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of example, and
not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
• Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication
• Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
• Violate any applicable laws or regulations.
Phone Frosting® has no obligation to monitor the Communication Services. However,
Phone Frosting® reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Phone Frosting® reserves
the right to terminate your access to any or all of the Communication Services at anytime without notice for any reason whatsoever.
Phone Frosting® reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or in part, in
Phone Frosting®'s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Phone Frosting® does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, Phone Frosting® specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized Phone Frosting®
spokespersons, and their views do not necessarily reflect those of Phone Frosting®.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO Phone Frosting® OR POSTED AT ANY Phone Frosting®
Phone Frosting® does not claim ownership of the materials you provide to Phone
Frosting® (including feedback and suggestions) or post, upload, input or submit to
any Phone Frosting® Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you
are granting Phone Frosting®, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Phone Frosting® is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in Phone Frosting®'s sole
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Phone Frosting® WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Phone Frosting® AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Phone Frosting®
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Phone Frosting® WEB
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Phone Frosting® AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE Phone Frosting® WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. Phone Frosting® AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Phone Frosting® AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE Phone Frosting®
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Phone Frosting® WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE Phone Frosting® WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Phone Frosting® WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Phone Frosting® OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Phone
Frosting® WEB SITE.
SERVICE CONTACT : info@PhoneFrosting.com
Phone Frosting® reserves the right, in its sole discretion, to terminate your access to
the Phone Frosting® Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the Phone Frosting® Web
Site. Use of the Phone Frosting® Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Phone Frosting® as a result of this agreement or
use of the Phone Frosting® Web Site. Phone Frosting®'s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Phone Frosting®'s right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Phone
Frosting® Web Site or information provided to or gathered by Phone Frosting® with
respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and Phone Frosting® with respect to the Phone
Frosting® Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and Phone
Frosting® with respect to the Phone Frosting® Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent
an d subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
OUR PRIVACY COMMITMENT
We are committed to respecting your privacy and recognizing your need for
protection and management of personally identifiable information you share with us
(the phrases 'personally identifiable information or personal information mean any
information by which you can be identified, such as your name, address, telephone
identifiable information or personal information we may collect from you when you visit our web site, how we use such information, and the choices you have regarding our use
of, and your ability to review and correct, the information.
As part of our commitment to your privacy, Phone Frosting® supports and adheres
to the guidelines and practices adopted by the Direct Marketing Association's Privacy
Promise to American Consumers. We will never share, rent, or exchange your
information with other marketers. We will honor customers' request not to receive mail,
email, telephone or other solicitations from Phone Frosting®.
What information do we collect?
• We collect information from you when you register on the site, place an order, enter
a contest or sweepstakes, respond to a survey or communication such as e-mail,
or participate in another site feature.
• When ordering or registering, we may ask you for your name, e-mail address,
mailing address, phone number, credit card information or other information. You
may, however, visit our site anonymously.
• We also collect information about gift recipients so that we can fulfill the gift
purchase. The information we collect about gift recipients is not used for
How do we use your information?
We may use the information we collect from you when you register, purchase products,
enter a contest or promotion, respond to a survey or marketing communication, surf the
website, or use certain other site features in the following ways:
• To personalize your site experience and to allow us to deliver the type of content
and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To administer a contest, promotion, survey or other site feature.
• If you have opted-in to receive our e-mail newsletter, we may send you periodic
e-mails. If you would no longer like to receive promotional e-mail from us,
please refer to the "How can you opt-out, remove or modify information you
have provided to us?" section below. If you have not opted-in to receive e-mail
newsletters, you will not receive these e-mails. Visitors who register or participate
in other site features such as marketing programs and 'members-only' content
will be given a choice whether they would like to be on our e-mail list and receive
e-mail communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal
information. Your personal information is contained behind secured networks and is
only accessible by a limited number of persons who have special access rights to such
systems, and are required to keep the information confidential. When you place orders
or access your personal information, we offer the use of a secure server. All sensitive/
credit information you supply is transmitted via Secure Socket Layer (SSL) technology
and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
Yes. Cookies are small files that a site or its service provider transfers to your
computer's hard drive through your Web browser (if you allow) that enables the site's
or service provider's systems to recognize your browser and capture and remember
items in your shopping cart. They are also used to help us understand your preferences
based on previous or current site activity, which enables us to provide you with
traffic and site interaction so that we can offer better site experiences and tools in the
We may contract with third-party service providers to assist us in better understanding
our site visitors. These service providers are not permitted to use the information
collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or
you can choose to turn off all cookies. You do this through your browser (like Netscape
Navigator or Internet Explorer) settings. Each browser is a little different, so look at your
browser Help menu to learn the correct way to modify your cookies. If you turn cookies
off, you won't have access to many features that make your site experience more
efficient and some of our services will not function properly. However, you can still place
orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable
information except as described below. The term "outside parties" does not include
Phone Frosting®. It also does not include website hosting partners and other parties
who assist us in operating our website, conducting our business, or servicing you, so
long as those parties agree to keep this information confidential. We may also release
your information when we believe release is appropriate to comply with the law, enforce
our site policies, or protect ours or others' rights, property, or safety.
Third party links
In an attempt to provide you with increased value, we may include third party links
on our site. These linked sites have separate and independent privacy policies. We
therefore have no responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome any
feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Policy changes will apply only to information collected after the date of the change. This
policy was last modified on April 20, 2010.
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us
any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
not to information collected offline.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Phone Frosting® Web Site are: Copyright 2010 Phone Frosting®
and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person, or
event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement