The examples described in these Terms are not exhaustive. We may modify these Terms at any time by posting a revised version here. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Services. By using the Services or accessing the Websites, you agree to the latest version of these Terms. If you violate the Terms or authorize or help others to do so, we may suspend or terminate your use of the Services.
Updated April 30, 2021
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
You acknowledge that the Websites and Services are not intended to be technology protection measures that will help you comply with the Children’s Online Privacy Protection Act (COPPA) or Children’s Internet Protection Act (CIPA).
Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
You may not use Confection on websites that contain illegal, harmful, fraudulent, infringing or offensive content. And you may not use it to transmit, store, display, distribute, or otherwise make illegal, harmful, fraudulent, infringing or offensive data available. Prohibited activities or content include:
You may not use Confection if you intend to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
You may not use Confection if you intend to make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
You may not use Confection if you intend to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate these Terms or the acceptable use policy of that provider.
As a condition of your use of the Websites and Services, you will not use the Websites or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites or Services in any manner that could damage, disable, overburden, disrupt or impair any Confection servers or APIs, or any networks connected to any Confection server or APIs, or that could interfere with any other party’s use and enjoyment of any Websites or Services.
You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Services. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Services, including on any API calls, or otherwise use the Websites or Services in a manner that violates any Confection documentation or user manuals. You may not attempt to gain unauthorized access to any Websites or Services, other accounts, computer systems, or networks connected to any Confection server or to any of the Websites or Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Services. You may not to use the Websites or Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Services (the “Materials”) provided by Confection are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Services are the property of Confection or our third-party licensors. Except as expressly authorized by Confection you may not make use of the Materials. Confection reserves all rights to the Materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the Websites and Services, and you agree to defend, indemnify, and hold harmless Confection and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Confection Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
THE WEBSITES AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CONFECTION ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE CONFECTION ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL THE CONFECTION ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CONFECTION ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Services or Websites. We may:
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
We may at our sole discretion suspend or terminate your access to the Websites and/or Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Services at any time (including, without limitation, by limiting or discontinuing certain features of the Websites and/or Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Services or any suspension or termination of your access to or use of the Websites and/or Services.
These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Confection agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Alameda County, California for the purpose of litigating all such disputes.
To report any violation of these terms, please contact us using this information:
PO Box 2859
Fremont, CA 94536
United States of America