Welcome to the website of acupcakefortheteacher.com, which is owned and operated by A Cupcake for the Teacher, Inc., a New Jersey SCorp (the “Company,” “we” or “us”).
By using this website, you agree to be bound by these Disclaimers, and Terms and Conditions of Use (together, the “Terms of Service”). These Terms of Service govern your use of our website; if you disagree with any part of the Terms of Service, do not use our website.
These Terms of Service refer to the following additional terms, which also apply to your use of our website:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. The Privacy Policy can be found below.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our website. When using our website, you must comply with the Acceptable Use Policy, which can be found below.
We reserve the right to change these Terms of Service or to impose new conditions on use of the website, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the website after we post any such changes, you accept the Terms of Service, as modified, whether or not you have reviewed them. You should therefore check periodically for changes.
Relationship with TeachersPayTeachers.com
All of A Cupcake for the Teacher’s products are currently available for sale through a third party website, TeachersPayTeachers.com. Company and TeachersPayTeachers.com are independent parties, and Company is not legally responsible, nor can it be held liable, for damages of any kind, arising out of or in connection to any cause of action arising from your use of the TeachersPayTeachers.com website.
Refund Policy
In general, due to the nature of electronic media, all sales of products are final – no refunds. However, there are certain, limited exceptions in which a refund would be warranted; please see the refund policy on the TeachersPayTeachers.com website. Click here to view that policy.
Any refund request meting one of the exceptions needs to be submitted through the TeachersPayTeachers.com website.
Regarding Sales on acupcakefortheteacher.com
Many of A Cupcake for the Teacher’s products are currently available for sale through on the acupcakefortheteacher.com site. Company is not legally responsible, nor can it be held liable, for damages of any kind, arising out of or in connection to any cause of action arising from your use of the acupcakefortheteacher.com website.
Refund Policy on acupcakefortheteacher.com
In general, due to the nature of electronic media, all sales of products are final – no refunds. However, there are certain, limited exceptions in which a refund would be warranted; please see email Customer Support using the email address: [email protected].
User License
Purchase of a product entitles the purchaser the right to reproduce the pages for a single classroom use only. Duplication for another teacher, grade level team, an entire school, an entire school system or commercial purposes is strictly forbidden without prior written permission from A Cupcake for the Teacher. (Except that a substitute teacher in your classroom may use the purchased materials while teaching in your classroom.) Additional user licenses are available for purchase through TeachersPayTeachers.com; one additional license per additional user must be purchased. Only by purchasing additional user licenses may multiple teachers share this product.
Intellectual Property Rights
All rights reserved. No part of this website or the publications available on this website, or through our shop on TeachersPayTeachers.com, may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without our prior written permission, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.
This website and all the materials available on the website are the property of the Company and/or our affiliates, and are protected by copyright, trademark, and other intellectual property laws. You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website.
Digital Millennium Copyright Act (DMCA)
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe content located on or linked to by our website violates your copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. If you suspect such a violation, please send an email to [email protected]
Children’s Online Privacy Protection Rule (COPPA)
We comply with the requirements of the federal Children’s Online Privacy Protection Rule (COPPA). We do not specifically market to children under the age of 13; our website is directed to people who are at least 13 years old or older. We do not knowingly collect any information from anyone under 13 years of age.
Privacy Policy
A Cupcake for the Teacher believes very strongly in keeping your personal information confidential. The following policy describes what information we collect and how it is used and shared.
- Information Collected: A Cupcake for the Teacher collects as little information as possible from users looking to post comments and messages in the forum. We will typically collect a name (either real or alias), personal website, e-mail address, and payment information, such as name and address and payment information when you make a purchase on the site.
- Cookies / IP Address Tracking: A Cupcake for the Teacher uses cookies to uniquely identify users for the purpose of log files, posting comments, and voting on the site. No personal information is stored in these cookies and it simply a way to identify your computer.
- With Whom Information is Shared: A Cupcake for the Teacher may use your e-mail address in the future to contact you regarding the site, however, an opt-out will always be provided. Your name and website may be displayed on the site if you post a comment or a message in the forum. However, your e-mail address and privacy will always be kept secure.
- Opting Out: If A Cupcake for the Teacher chooses to send out newsletter updates in the future and we have your email address on file, you may receive a copy of our newsletter. However, at the bottom of every newsletter will be an easy way to opt-out. The editors of our site hate SPAM as much as you and have no intention of filling up e-mail boxes with unwanted messages.
- Third Party Advertising: We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org.
Acceptable Use Policy
This website currently provides users with the ability to post comments, messages, and participate in online voting. In the future we may provide other interactive features. Responsibility for what is posted on any interactive feature on the website lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the website. It is a condition of your use of the website that you do not:
- Use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Restrict or inhibit any other user from using and enjoying the website.
- Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website.
- Use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means.
- Use the website to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.
Any user failing to comply with the Acceptable Use Policy or the Terms of Service may be expelled from and refused continued access to the interactive features on the website.
Company has no obligation whatsoever to monitor any of the content or postings on the interactive features on the website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, business partners, users and visitors.
You agree and understand that you may be held legally responsible for damages suffered by other members or users of our website as the result of your remarks, information, feedback or other content posted or made available on the website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Company is not legally responsible, nor can it be held liable, for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the website.
You acknowledge that Company has the right but not the obligation to use and display any comments, postings or other contributions of any kind made by a user, and that Company may elect to cease the use and display of any such user submission (or any portion thereof), at any time for any reason whatsoever.
Accuracy of Information Disclaimer
Although we have made every effort to ensure that the information on this website was correct at the time of publication, the Company does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.
While a reasonable effort will be made to keep content up to date and accurate, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website, or any content on it, will be free from errors or omissions. If you find any omissions or errors, please notify us at [email protected].
No warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information on this website. This disclaimer applies to both isolated and aggregate uses of the information. The Company provides this information on an “AS IS” basis. All warranties of any kind, express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination by computer viruses and non-infringement of proprietary rights ARE DISCLAIMED.
Virus Disclaimer
While we take precautions to keep our website virus-free, we do not guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful that may infect your computer equipment, computer programs, mobile devices or programs, data or other proprietary material due to your use of our website or to your downloading of any content from it, or on any website linked to it.
Limitations on Linking and Framing
You may establish a hypertext link to our website so long as the link does not state or imply any sponsorship of your site by us or by our website. However, you may not, without our prior written permission, frame or inline link any of the content of our website, or incorporate into another site or other service any of our material, content or intellectual property.
Third Party Products
Occasionally, at our discretion, we may provide links to third party products or services on our website. We do not control, and are not responsible for, the content or practices of these third party websites. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these third party products or services.
The inclusion of any links to third party websites does not necessarily imply a recommendation or endorsement of such sites, or the information, views, products or services offered through them.
Amazon Affiliates
A Cupcake for the Teacher is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to A Cupcake for the Teacher. However, our opinions and product discussions are our own.
Limitation of Liability
Neither the Company nor its contributors shall be held liable for any improper or incorrect use of the information described and/or contained on the website, and Company assumes no responsibility for anyone’s use of the information. In no event shall the Company or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to: procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this website or the publications, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortious behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and/or theft, destruction or unauthorized access to, alteration of, or use of any record.
You agree to defend, indemnify, and hold harmless, the Company, its contributors, affiliates officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the website by you.
Legal Matters
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the conflicts of law provisions.
You agree that any dispute, of any nature whatsoever, between you and the Company arising out of or relating to the website, our products, or these Terms of Service, shall be decided by neutral, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the arbitration fee and reasonable attorneys’ fees) to the prevailing party.
Whenever possible, each provision of these Terms of Service shall be interpreted so as to be effective and valid under applicable law. If any provision of these Terms of Service is held to be prohibited by, or invalid under, applicable law, any other application of such provision and the remainder of these Terms of Service shall not be affected thereby.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS AS A EUROPEAN RESIDENT
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
MINORS
The Site is not intended for individuals under the age of 18.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
If you have questions or comments regarding the Company, the website, these Terms of Service, or any of its products or services, please email us at [email protected].
