Pastry MaestraTM (“Pastry Maestra,” “Website”, “we,” or “us”) provides information and material for entertainment and educational purposes only which include but not limited to shows, video clips, audio clips, live instruction, and other content (collectively, the “Content”). All content, product, and services are not to be considered as legal or professional advice, and are to be used for personal improvement purposes only. Our video service, the Content, and any other features, tools, applications, materials, or other services offered from time to time by Pastry MaestraTM in connection with its business, however accessed, are referred to collectively as the “Pastry MaestraTM Services”.
The Content is available for permissible viewing on or through the following (collectively, the “Properties”):
- The pastrymaestra.com website (the “Pastry MaestraTM Website”);
- Pastry Maestra’s affiliate and distributor websites;
- Other websites where users or website operators are permitted to embed our Content;
- Pastry MaestraTM authorized applications, features or devices.
3.Access and use of the Pastry MaestraTM Services
Age Limitations. Eligibility: This Website is intended solely for users who are sixteen (16) years of age or older, and any registration, use or access to the Website by anyone under 16 is unauthorized, unlicensed and in violation of this Agreement. If you are under 18 years of age you may use the Website only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Copyright: We respect the intellectual property rights of others, and require that the people who use the Website do the same.
Your License. Pastry MaestraTM is pleased to grant you a non-exclusive limited license to use the Pastry MaestraTM Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
When using the Website you agree not to engage in any of the following prohibited activities:
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
- Submit or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- Submit or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website
- Use any automated or non-automated means to access, copy or distribute any portion of the Website or collect any information from the Website, including without limitation, the use of so-called “robots”, “spiders”, “offline readers”, etc.
- Provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information
- Modify or create variant versions of the Website’s logos or other trademarks
- Speak or act on behalf of the Website, including but not limited to, describing yourself as a Website employee, affiliate or spokesperson for the Website
- Knowingly or unknowingly use the Website to violate any applicable local, state, national or international law
- Collect or harvest any personally identifiable information, including account names and email address
- Use the Website for commercial solicitation purposes; and/or bypass the measures we may use to prevent or restrict access to the Website.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Pastry MaestraTM in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Pastry MaestraTM in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Pastry MaestraTM. You may not build a business utilizing the Content, whether or not for profit.
The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Pastry MaestraTM in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You agree that Pastry MaestraTM owns and retains all rights to the Pastry MaestraTM Services. You further agree that the Content you access and view as part of the Pastry MaestraTM Services is owned or controlled by Pastry MaestraTM and Pastry Maestra’s licensors. The Pastry MaestraTM Services and the Content are protected by copyright, trademark, and other intellectual property laws.
If Pastry MaestraTM determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Pastry MaestraTM Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Pastry MaestraTM Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
7.No Spam/Unsolicited Communications
No one may use the Pastry MaestraTM Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Pastry MaestraTM Services, you acknowledge that you will have caused substantial harm to Pastry MaestraTM and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Pastry MaestraTM $1,000 for each such unsolicited communication you send through the Pastry MaestraTM Services.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Pastry MaestraTM Services (including the Content and the devices through which the Pastry MaestraTM Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Pastry MaestraTM may do so in Pastry Maestra’sTM sole discretion.
8.Collection and use of personal information
9.User comments and other material
As part of the pastrymaestra.com, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Pastry MaestraTM Services enjoyable for all of our users, you must adhere to the rules below.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Pastry MaestraTM the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Pastry MaestraTM will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Pastry MaestraTM does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to Pastry MaestraTM. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Pastry MaestraTM a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Pastry MaestraTM Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created.
The license you grant to Pastry MaestraTM is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Pastry MaestraTM), fully-paid, royalty-free (meaning that Pastry MaestraTM is not required to pay you for the use of your User Material), and sublicensable (so that Pastry MaestraTM is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Pastry MaestraTM Services). By Posting your User Material, you also hereby grant each user of the Pastry MaestraTM Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Pastry MaestraTM Services.
10.Third Party Posts
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Pastry MaestraTM does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Pastry MaestraTM.
We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Pastry MaestraTM assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Pastry MaestraTM with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find, please contact us.
11.Third Party Destinations
Pastry MaestraTM is not responsible for the content or practices of any website or destination other than the Pastry MaestraTM Site, even if it links to the Pastry MaestraTM Site and even if the website or destination is operated by a company affiliated or otherwise connected with Pastry MaestraTM. By using the Pastry MaestraTM Services, you acknowledge and agree that Pastry MaestraTM is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Pastry MaestraTM Site.
Pastry MaestraTM takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Pastry MaestraTM Services are between you and the advertiser, and you agree that Pastry MaestraTM is not liable for any loss or claim that you may have against an advertiser.
Pastry MaestraTM, the Pastry MaestraTM logo, pastrymaestra.com, and other Pastry MaestraTM marks, graphics, logos, scripts, and sounds are trademarks of Pastry MaestraTM. None of the Pastry MaestraTM trademarks may be copied, downloaded, or otherwise exploited.
14.Disclaimer of warranties, limitation of liability and indemnity
While we do our best to provide the optimal performance of the Pastry MaestraTM Services, you agree that use of the Pastry MaestraTM Services is at your own risk. The Pastry MaestraTM Services, including the Pastry MaestraTM Website and the other Properties, the Content, User material, and any other materials contained on or provided through the properties, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Pastry MaestraTM does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or noninfringement; or that the Pastry MaestraTM Services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable. In no event shall Pastry MaestraTM or its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) (collectively, the “Pastry MaestraTM Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Pastry MaestraTM Services (including any information, products, or Services advertised in, obtained on, or provided through the Properties), whether based in contract, tort, strict liability, or other theory, even if the Pastry MaestraTM parties have been advised of the possibility of damages.
If you believe that any Content, User Material, or other material provided through the Pastry MaestraTM Services, including through a link, infringes your copyright, you should notify Pastry MaestraTM of your infringement claim.
In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. The Terms shall be governed by and construed in accordance with the laws of the State of Croatia.You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms or your use of this Website shall be filed only in the Municipal Court located in Split, Croatia and you further agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with Pastry MaestraTM only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. Arbitration hearings will be held in Split, Croatia.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Pastry MaestraTM for at least 30 days.
To do that, please send your full name and contact information, your concern and your proposed solution by email to us here.
17.Choice of Law and Forum
In the event of a claim by you against Pastry MaestraTM, you agree to submit to the exclusive jurisdiction of the court located in Split, Croatia. In the event of a claim by Pastry MaestraTM against you, you agree to submit to the jurisdiction of the courts located where Pastry MaestraTM pursues its claim against you.