Sinful Treats’ Terms of Use Agreement

By using the SinfulTreats.net web site (“Sinful Treats” or the “Site”), a service of Sinful Treats, Inc., you (the “user” or “you”) agree to be bound by the following terms of service (the “Terms of Use” or the “Agreement”), including those available by hyperlink. Before you may become a member of the Sinful Treats’ marketplace, you must read and accept all the terms of service in, and linked to, the Agreement. The Agreement is effective on September 1, 2020 for current users and upon acceptance for new users.

Sinful Treats is a Venue

Sinful Treats acts as a venue to allow users who comply with Sinful Treats’ policies to offer, sell, and buy certain food and related goods within a fixed price format. Sinful Treats is not directly involved in the transaction between buyers and sellers. As a result, Sinful Treats has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. Sinful Treats does not pre-screen users or the content or information provided by users. Sinful Treats cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Sinful Treats does not transfer legal ownership of items from the seller to the buyer. Sinful Treats cannot guarantee the true identity, age, and nationality of a user. Sinful Treats encourages you to communicate directly with potential transaction partners through the tools available on the Site.

You agree that Sinful Treats is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on Sinful Treats. You use the Sinful Treats marketplace at your own risk.

Let’s be clear about our relationship. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Sinful Treats.  Sinful Treats grants sellers a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the restrictions in this Agreement.

Sinful Treats does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.

Membership Eligibility

Age: Sinful Treats’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Sinful Treats’s policies as stated in this Agreement and Sinful Treats’s Privacy Policy. 

Password: Keep your password to the Sinful Treats’ marketplace website secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Sinful Treats of any unauthorized use of your password or any breach of security. You also agree that Sinful Treats cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. 

Account Transfer: You may not transfer or sell your Sinful Treats account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. 

Right to Refuse Service: Sinful Treats’ services are not available to temporarily or indefinitely suspended Sinful Treats members. Sinful Treats reserves the right, in Sinful Treats’ sole discretion, to cancel unconfirmed or inactive accounts. Sinful Treats reserves the right to refuse service to anyone, for any reason, at any time.

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Sinful Treats’ policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Sinful Treats’ shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.  Sinful Treats reserves the right to reject or remove a listing that violates this Agreement.  

Shop Policies: All sellers are urged to outline shop policies for their Sinful Treats shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Sinful Treats’ site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Sinful Treats reserves the right to request that a seller modify a shop policy. In the event seller refuses to its requested modification(s), Sinful Treats reserves the right to cancel and/or terminate seller’s ability to list items on the Site. 

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and shipping or delivering the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Sinful Treats transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Pay Your Bills. You are responsible for paying all fees that you owe to Sinful Treats. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Sinful Treats and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Sinful Treats. 

Restricted Activities: Your Content and your use of Sinful Treats shall not:

1. Be false, inaccurate or misleading

2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Sinful Treats staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

7. Be obscene or contain child pornography

8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

9. Host images not part of a listing

10.      Link directly or indirectly, reference or contain information about goods or services offered external to Sinful Treats.

11.      Modify, adapt or hack Sinful Treats or modify another website so as to falsely imply that it is associated with Sinful Treats

12.      Appear to create liability for Sinful Treats or cause Sinful Treats to lose (in whole or in part) the services of Sinful Treats’s ISPs or other suppliers

13.      Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Sinful Treats.

Furthermore, you may not list any item on Sinful Treats (or consummate any transaction that was initiated using Sinful Treats’s service) that, by paying to Sinful Treats the commission or transaction fee, could cause Sinful Treats to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: Sinful Treats does not claim ownership rights in your Content. You grant Sinful Treats a license solely to enable Sinful Treats to use any information or Content you supply Sinful Treats with, so that Sinful Treats is not violating any rights you might have in that Content. You grant Sinful Treats a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Sinful Treats to store or re-format your Content on Sinful Treats and display your Content on Sinful Treats in any way as Sinful Treats chooses. Sinful Treats will only use personal information in accordance with Sinful Treats Privacy Policy.

That sounds like a lot, but it’s necessary for us to keep Sinful Treats’ going. Consider these examples: if you upload a photo or video of a listing on your Sinful Treats’ shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it to a different language so buyers in other countries can learn the story behind your item; and if you post a beautiful photo or video of your latest bakery creation, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and Sinful Treats.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Sinful Treats user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Sinful Treats-related communications. Sinful Treats has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Sinful Treats user to your email or physical mail list. For more information, see Sinful Treats’s Privacy Policy.

Re-Posting Content: By posting Content on Sinful Treats, it is possible for an outside website or a third party to re-post that Content. You agree to hold Sinful Treats harmless for any dispute concerning this use. If you choose to display your own Sinful Treats-hosted image on another website, the image must provide a link back to its listing page on Sinful Treats.

Information Control

Sinful Treats does not control the Content provided by users that is made available on Sinful Treats. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.  However, Sinful Treats reserves the right to reject or remove a listing that violates this Agreement. 

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Sinful Treats, you agree to accept such risks and that Sinful Treats (and Sinful Treats’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Sinful Treats. Please use caution, common sense, and practice safe buying and selling when using Sinful Treats.

Other Resources: Sinful Treats is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Sinful Treats does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Sinful Treats shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event a dispute arises between you and Sinful Treats, please contact Sinful Treats. Should you have a dispute with one or more users, or an outside party, you release Sinful Treats (and Sinful Treats’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Sinful Treats encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Sinful Treats, for the benefit of users, may try to help users resolve disputes. Sinful Treats does so in Sinful Treats’s sole discretion, and Sinful Treats has no obligation to resolve disputes between users or between users and outside parties. To the extent that Sinful Treats attempts to resolve a dispute, Sinful Treats will do so in good faith based solely on Sinful Treats’s policies. Sinful Treats will not make judgments regarding legal issues or claims.

Sinful Treats’s Intellectual Property

Sinful Treats, and other Sinful Treats graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Sinful Treats, Inc. in the U.S.. Sinful Treats’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

Much of the information on Sinful Treats is updated on a real-time basis and is proprietary or is licensed to Sinful Treats by Sinful Treats’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Sinful Treats for any purpose without Sinful Treats’s prior express written permission. Additionally, you agree that you will not:

1. Take any action that imposes, or may impose, in Sinful Treats’ sole discretion, an unreasonable or disproportionately large load on Sinful Treats’s infrastructure.

2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Sinful Treats and the appropriate third party, as applicable.

3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Breach

Without limiting any other remedies, Sinful Treats may, without notice, and without refunding any fees, delay or immediately remove Content, warn Sinful Treats’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Sinful Treats suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Sinful Treats is unable to verify or authenticate any of your personal information or Content; Or Sinful Treats believes that a user is acting inconsistently with the letter or spirit of Sinful Treats’s policies, has engaged in improper or fraudulent activity in connection with Sinful Treats or the actions may cause legal liability or financial loss to Sinful Treats’s users or to Sinful Treats.

Privacy

Except as provided in Sinful Treats’s Privacy Policy, Sinful Treats will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Sinful Treats stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

SINFUL TREATS, SINFUL TREATS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SINFUL TREATS’ SUPPLIERS PROVIDE SINFUL TREATS’ WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SINFUL TREATS, SINFUL TREATS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SINFUL TREATS’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SINFUL TREATS SHALL CREATE ANY WARRANTY.

ITEMS YOU PURCHASE. YOU UNDERSTAND THAT SINFUL TREATS DOES NOT MANUFACTURE, STORE, OR INSPECT ANY OF THE SELLER’S ITEMS SOLD THROUGH OUR SERVICES. WE PROVIDE THE VENUE; THE ITEMS IN OUR MARKETPLACES ARE PRODUCED, LISTED, AND SOLD DIRECTLY BY INDEPENDENT SELLERS, SO SINFUL TREATS CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, OR EVEN THEIR LEGALITY. ANY LEGAL CLAIM RELATED TO AN ITEM YOU PURCHASE MUST BE BROUGHT DIRECTLY AGAINST THE SELLER OF THE ITEM. YOU RELEASE SINFUL TREATS FROM ANY CLAIMS RELATED TO ITEMS SOLD THROUGH OUR SERVICES, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS, OR ITEMS THAT CAUSED PHYSICAL INJURY.

Liability Limit

IN NO EVENT SHALL SINFUL TREATS, AND (AS APPLICABLE) SINFUL TREATS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SINFUL TREATS’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SINFUL TREATS’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SINFUL TREATS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SINFUL TREATS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SINFUL TREATS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 

Indemnity

You agree to indemnify and hold Sinful Treats and (as applicable) Sinful Treats’ parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

No Guaranty

Sinful Treats does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Sinful Treats’ control.

Termination

Termination By You. You may terminate your account with Sinful Treats at any time by emailing Sinful Treats at shop@sinfultreats.net.  Your account will be terminated three (3) business days after you email your request to terminate. Terminating your account will not affect the availability of some of your Content that you posted through the Site prior to termination. For any sales made by you through the Site prior to termination are subject to your payment obligations with Sinful Treats.

Termination By Sinful Treats. We may terminate or suspend your account (and any accounts Sinful Treats determines are related to your account) and your access to the Site should we have reason to believe you, your Content, or your use of the Site violate the Agreement. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Site. Generally, Sinful Treats will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Sinful Treats terminate your account, you may lose any information associated with your account, including Your Content.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Sinful Treats’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Sinful Treats are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Sinful Treats Service

Sinful Treats reserves the right to modify or terminate the Sinful Treats service for any reason, without notice, at any time. Sinful Treats reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Sinful Treats will notify you via email to the email address in your account. What constitutes a “material change” will be determined at Sinful Treats’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and disputes arising under this Agreement will be adjudicated by the courts of the State of California in the County of Sacramento. You hereby submit to the jurisdiction of the courts of the State of California. 

Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Sinful Treats’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Sinful Treats Attn: Customer Support at 5050 Laguna Blvd. #112773, Elk Grove CA 95758 (in the case of Sinful Treats) or, in your case, to the email address you provide to Sinful Treats (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Sinful Treats may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Sinful Treats. In such case, notice shall be deemed given three days after the date of mailing.