Privacy Policy

The following terms (“Terms of Use”) constitute an agreement between Betsy Eves LLC d/b/a JavaCupcake, a Virginia limited liability company (“JavaCupcake”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by JavaCupcake (“Website”), located at https://javacupcake.com.

Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. JavaCupcake reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PRIVACY

What Personal Information Does JavaCupcake Collect and How Is This Personal Information Used?

JavaCupcake may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive JavaCupcake’s newsletters or products.

JavaCupcake may receive and store certain types of usage-related information when you interact with the Website, including but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor. With respect to cookies: we use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, and customize Website content based on visitors’ browser type or other information that the visitor sends.

Third-Party Use of Personal Information

JavaCupcake may provide personal information to an applicable third party in order to provide services. JavaCupcake uses the services of ConvertKit for the delivery of email updates. ConvertKit’s use of your personal information is subject to ConvertKit’s privacy policy.

Will JavaCupcake Share the Personal Information It Collects?

JavaCupcake will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.

Modification or Deletion of Personal Information

You can decline to submit personal information at any time. If you decline, JavaCupcake may not be able to continue to provide service to you. You may request the deletion of your personal information by sending an email to [email protected], but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

USE OF THE WEBSITE

Unless otherwise stated, JavaCupcake owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental, or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of JavaCupcake’s intellectual property rights. Such use is a limited license to republish the content, with full credit to JavaCupcake.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without JavaCupcake’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without JavaCupcake’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by JavaCupcake or third parties and are protected by the United States and international copyright laws.

TRADEMARKS

JavaCupcake is a trademark of JavaCupcake and is protected by United States trademark law. JavaCupcake’s trademarks and trade dress may not be used in connection with any product or service that is not JavaCupcake’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits JavaCupcake.

From time to time, the Website will legally utilize trademarks owned by third parties related to JavaCupcake’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant JavaCupcake a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, video material, and audio-visual material. This license extends to all known and future media. You also grant JavaCupcake the right to sub-license these rights and the right to bring an action for infringement of these rights.

PROHIBITED CONTENT

Any content you contribute to the site, including, but not limited to text, images, audio material, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or JavaCupcake or a third party. JavaCupcake reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on JavaCupcake’s servers; or, (iii) hosted or published on the Website. JavaCupcake takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding JavaCupcake’s rights under the Terms of Use, JavaCupcake does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMUNICATION – ELECTRONIC NOTICE

If you send JavaCupcake an email, register to use the Website, or provide your email to JavaCupcake in any other way, you consent to receive communications from JavaCupcake electronically. You agree that all legal notices provided via electronic means from JavaCupcake satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by JavaCupcake. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. JavaCupcake assumes no control or liability over the content of any third-party sites. You expressly hold harmless JavaCupcake from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold JavaCupcake harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. JavaCupcake makes no representations or warranties in relation to the Website or the information and materials provided therein.

JavaCupcake makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. JavaCupcake is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.

LIMITATION OF LIABILITY

JAVACUPCAKE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER, CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER

This website contains general information about baking and lifestyle and is considered entertainment. JavaCupcake attempts to provide accurate and helpful information on this website but makes no representations, claims, promises, or guarantees that the information contained in or linked to this website is accurate, complete, or current.

Neither receipt of information presented on this website nor any email or other electronic communication sent to JavaCupcake or its representatives through this website will create a relationship and any such email or communication will not be treated as confidential. JavaCupcake expressly disclaims all liability in respect of actions taken or not taken based on any contents of this website.

INDEMNITY

You agree to defend, indemnify and hold JavaCupcake, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which JavaCupcake suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

MISCELLANEOUS

The Terms of Use will be governed and construed in accordance with the laws of the State of Virginia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Virginia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without JavaCupcake’s prior written consent, however, the Terms of Use may be assigned by JavaCupcake in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by JavaCupcake. The Terms of Use may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for JavaCupcake and to your email address.

Mediavine Programmatic Advertising (Ver 1.1)

The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

The Website collects the following data using a cookie when serving personalized ads:

  • IP Address
  • Operating System type
  • Operating System version
  • Device Type
  • Language of the website
  • Web browser type
  • Email (in hashed form)

Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.

Updated 9/8/2022

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