Terms and Conditions

MANCAKES INTERNET SITE TERMS AND CONDITIONS PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
In order to make the eatmancakes.com website an enjoyable experience for everyone, we are providing this website under the following Terms and Conditions. By using this website, you agree to be bound by these Terms and Conditions. If you do not agree with the following terms, please do not use the eatmancakes.com website. Horseshoe LLC may add new features, which may include interactive features, and will by necessity need to update or amend these Terms and Conditions. Horseshoe LLC reserves the right to revise, modify or amend these Terms and Conditions at any time by updating this posting and you agree to be bound by such revision, modification or amendment.

RESTRICTIONS ON USE
Material at this site is provided for lawful information purposes only. Material from eatmancakes.com and any other site on the World Wide Web that is owned, operated, licensed and controlled by Horseshoe LLC or any of its affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any shape, manner or form without the specific prior written consent of Horseshoe LLC. EXCEPT as expressly permitted in this section. Modification or use of the materials at this site for any other purpose shall be construed as a violation of Horseshoe LLC’s intellectual property rights. From time to time we may make available certain software at our website, such as screen savers, “dancing” cursors, and the like. You may download such material onto one computer for your personal, non-commercial home or educational use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. If you do download this software, the software, including any files, images or audio files contained in or generated by the software, and accompanying data (together, the “Software”) is deemed to be licensed to you by Horseshoe LLC. Neither title nor any intellectual property rights to any material at this site including, but not limited to, Software are transferred to you. All material at this site remains the exclusive property of Horseshoe LLC, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Prior written consent must be obtained from Horseshoe LLC or any commercial use of any material provided at this website. Please forward any requests in writing to Horseshoe LLC at horseshoellc@gmail.com.

SUBMISSIONS
In certain areas of this website, you are permitted to submit remarks, suggestions, ideas, images, or other information to Mancakes and Horseshoe LLC (a “Submission”). All Submissions will forever be the property of Horseshoe LLC. Under no circumstances will Horseshoe LLC be required to treat any Submission as confidential. Furthermore, Horseshoe LLC will not be liable under any circumstance for its use of any Submission in its business (including, without limitation, product ideas) or as a result of any similarities to any Submission that may appear in future business of Horseshoe LLC. Without limitation, Horseshoe LLC will have exclusive ownership of all rights to Submissions of every kind and nature, everywhere. Horseshoe LLC will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Your ability to post Submissions on this website is governed by these Terms and Conditions, as well as by the applicable Rules and Regulations of this site (as described in this Section). You acknowledge that you are totally responsible for whatever material you submit, and you, not Horseshoe LLC, have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION
Except as described otherwise, all material at this website is made available only to provide information about Mancakes.  Horseshoe LLC controls and operates this site from its headquarters in Highlands Ranch, Colorado, United States of America, and makes no representation that this material is appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo on goods, including, without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list; or (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

LINKS
This site may be linked to other sites that are not maintained, endorsed or sponsored by Horseshoe LLC.  Horseshoe LLC has not reviewed all of the sites linked to this website. Horseshoe LLC is not responsible for and makes no representations regarding the content of any other sites linked to this website. The existence of any link to such sites does not imply endorsement, affiliation or sponsorship of those sites with Horseshoe LLC.

DISCLAIMER
The material at this site could include technical inaccuracies or typographical errors. Horseshoe LLC may make changes or improvements at any time. THE MATERIAL AT THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TY INC. DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HORSESHOE LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HORSESHOE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF OR THE CONSEQUENCES OF YOUR USE OF THE MATERIAL AT THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HORSEHOSE LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW SUCH EXCLUSION.

LIMITATION OF LIABILITY
HORSESHOE LLC WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. HORSESHOE LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIAL AT THIS SITE, EVEN IF THERE IS NEGLIGENCE BY HORSESHOE LLC OR AN AUTHORIZED HORSESHOE LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. WICKED COOL TOY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (INCLUDING WITHOUT LIMITATION, IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

TERMINATION
These Terms and Conditions are effective until terminated by you or Horseshoe LLC.  You or Horseshoe LLC may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all material obtained from this site, and (b) all related documentation and all printouts.

MISCELLANEOUS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Douglas County in the State of Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms and Conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes may be provided to law enforcement authorities at the sole discretion of Horseshoe LLC. These Terms and Conditions and the Privacy Policy contain the entire agreement between the parties relating to the use of this site. Horseshoe LLC’s products and services are available in many parts of the world; however, this site may describe products and services which are not available worldwide.

INTELLECTUAL PROPERTY
Mancakes is a registered trademark of Horseshoe LLC.  Horseshoe LLC also owns the “look and feel” of this website.  Unauthorized use or copying of Horseshoe LLC’s intellectual property, including this website, or trademarks, logos, pictures, or names is prohibited by law. Horseshoe LLC will take vigorous legal action against those who participate directly or indirectly in intellectual property infringement. Anyone having information concerning any unauthorized use of Horseshoe LLC’s intellectual property is urged to contact Horseshoe LLC at:  horseshoellc@gmail.com

THIRD PARTY INTELLECTUAL PROPERTY
Horseshoe LLC expects you to respect its copyright and trademark rights, as well as the copyright and trademark rights of others. You may not post on our website unauthorized copies of third parties’ works. If you are a copyright or trademark owner and you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please contact us at horseshoellc@gmail.com.

Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
© Mancakes 2016. All rights reserved.

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