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Privacy Policy

Last Updated on August 1, 2014

We know that you care about your personal information. This Privacy Statement ("Statement") describes the personal information we collect through our websites, mobile applications and services (collectively, the "Services"), and how we collect and use it. The terms "we", "us", and "Cakey" refer to JCHV Inc. This Privacy Policy is part of the Terms of Use, which governs your use of the Services and is located here.

1.Information We Collect and How We Use it

Account information. We ask for and store information about you when you create an account on the Services, such as your email address. We use your email address to send you updates and provide services to you in connection with the Services.

Public content. You can contribute to the Services in a number of different ways, including uploading video collections reviews and notifying the Services when a video is played or removed from a collection. We may store these contributions (your "Public Content"), display them to other users, and use them for promotional purposes. Note that if you include personally identifiable information in your Public Content, it can be used and viewed by others. We are not responsible for the information you choose to include in your Public Content.

Inviting friends. You can invite your friends to join the Services by providing their contact information, or by entering your log-in credentials to import your address book from other sites. We may store and use your friends' contact information to invite them to join and connect with you on the Services. Your friends will always have the opportunity to opt-out of receiving further communication from us.

Third party services. We allow you to access third party services, such as Facebook and Twitter, to share your selected Public Content with those services, and import information about who you are connected with on those other services so you can connect with them on the Services. You can always opt out on your Cakey account page. Some of those third party services may also provide us with information from your accounts there to enhance and personalize your use of this Services. For example, you can allow Facebook to tell us who your Facebook friends are so you can follow their activity on Cakey. You can also further modify your privacy settings with those other services directly. For example, you can adjust your privacy setting on Facebook here to prevent your Facebook friends from sharing information about you from their Facebook accounts with Cakey.

Activity and log data. We automatically store information related to your use of the Services, such as the videos you view on the Services, your device type, IP address, a unique but anonymous identifier created by your device known as “Vendor ID”, and the date and time of your visits. We use this type of information to administer the Services and provide a better service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Services or to manage or improve the Services.

Feedback. You should feel free to give us feedback, register a complaint, or ask questions about the Services. We may store your communications, including any personal information you include in them, so that we can effectively respond to you. Administration. We may use the information described above for routine administrative purposes, such as investigating abuses on the Services, responding to user inquiries and enforcing and applying our Terms of Service and Statement.

Data storage. We store data in the United States.

2.Transfer of Information

Public Content. If you post content for public view on the Services, we may distribute such Public Content to a wider audience by sharing it (or portions of it) with third parties so that they can publish it on their own websites and media platforms.

Third party service providers. We may use third parties to provide technical and customer support, perform tracking and reporting functions, conduct quality assurance testing, perform payment processing and provide other services in connection with the Services. We may share information about you with them so that they can perform the services they are required to perform, but they are not permitted to use your personal information other than to provide the services requested by you.

Aggregate information. We may share non-personal information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors.

Business transfers. We may share your information with our parent company, subsidiaries, joint ventures, or other companies under a common control that we may have now or in the future, in which case we will require them to honor this Statement. If another company acquires our company or all or substantially all of our assets, that company will possess your information, and will assume the rights and obligations with respect to that information as described in this Statement.

Investigations. We reserve the right to investigate abuses on the Services, and enforce and apply our Terms of Service and Statement. We may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms of Service and Statement; (c) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

3.Managing Your Information

We provide a number of tools to manage the use of your information on the Services.You may receive weekly newsletter communications from us. However, despite any requests to close your account or your indicated email preferences, we may still need to contact you as required by law or on legal matters, for example to inform you of any updates to our Terms of Service or this Statement.

4.Our Policy Towards Children

We do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at . If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information. We do not target children with advertising based on behavioral targeting because we do not show advertisements.

5.YouTube

Our Services make use of YouTube's video player. YouTube may collect and share information based on your usage of their services. You can see YouTube's privacy policy here. https://www.google.com/intl/en/policies/privacy/

6.Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

7.Dispute Resolution

If you believe that Cakey has not adhered to this Statement you may contact us via email at .

8.Modifications to This Statement

We may revise this Statement from time to time. The most current version of the Statement will govern our use of your information and will always be located here. If we make a change to this Statement that, in our sole discretion, is material, we will notify you either by prominently posting a notice of such changes prior to implementing the change on the Services and/or via the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Statement.



Cakey Terms of Service

Last Updated on August 1, 2014

These terms and conditions (the "Terms of Service") govern your access to and use of JCHV’s websites and mobile applications that link to or reference these Terms of Service (collectively, the "Service"). By accessing or using the Service, you are agreeing to these Terms of Service and concluding a legally binding contract with JCHV Incorporated ("JCHV"). Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.

1.Definitions

A.PARTIES

"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", "our", and “Cakey” refer to JCHV.

B.CONTENT

"Content" means text, images, photos, audio, music, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Cakey Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than JCHV or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and JCHV Content.

2.Changes to the Terms of Service

We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.

3.Using the Service

A.ELIGIBILTY

To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms of Service. If you are under 18, you may use our site only with the involvement of a parent or guardian. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.

B.PERMISSION TO USE THE SERVICE

We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C.SITE AVAILABILITY

The Service or any functions or Content of the site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D.USER ACCOUNTS

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. A "Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, you agree to provide complete and accurate information about yourself. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with JCHV. Please read our Privacy Policy for more information.

E.COMMUNICATIONS FROM JCHV AND OTHER USERS

By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive an e-mail newsletter about new collections that you might be interested in or an overview of your child’s viewing habits.

4.Content

A.RESPONSIBILITY FOR YOUR CONTENT

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by JCHV. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B.OUR RIGHT TO USE YOUR CONTENT

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Cakey and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

C.OWNERSHIP

As between you and Cakey, you own Your Content. We own the Cakey Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Cakey Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Cakey Content are retained by us.

D.OTHER

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

5.Restrictions

We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.

A.YOU AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO USE THE SERVICE TO:

i.Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
ii.Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iii.Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by JCHV;
iv.Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
v.Solicit personal information from minors, or submit or transmit pornography; or
vi.Violate any applicable law.

B.YOU ALSO AGREE NOT TO, AND WILL NOT ASSIST OR ENABLE OTHERS TO:

i.Violate the Terms of Service;
ii.Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by JCHV;
iii.Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
iv.Reverse engineer any portion of the Service;
v.Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
vi.Record, process, or mine information about other users;
vii.Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
viii.Reformat or frame any portion of the Service;
ix.Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on JCHV technology infrastructure or otherwise make excessive traffic demands of the Service;
x.Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
xi.Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,"Viruses");
xii.Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
xiii.Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
xiv.Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.

6.Guidelines and Policies

A.PRIVACY

You represent that you have read, understand and agree to our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to: (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.

7.Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, display, distribute and sublicense the Feedback.

8.Third Parties

The Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.

9.Indemnity

You agree to indemnify and hold JCHV, its parent, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including from costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. JCHV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of JCHV. JCHV will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10.Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF JCHV AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "JCHV ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. A.THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. B.THE JCHV ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE JCHV ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE. C.THE JCHV ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE OR ANY PRODUCT OR SERVICE THAT IS THE SUBJECT OF INFORMATION ON ITS SITE. ACCORDINGLY, THE JCHV ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, DESCRIPTIONS, STATEMENTS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE. D.THE JCHV ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. E.YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. F.THE JCHV ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE JCHV ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. G.THE JCHV ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF JCHV OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.

11.Choice of Law and Venue

California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and JCHV (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN MATEO COUNTY, CALIFORNIA.

12.Termination

A.You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing JCHV with a notice of termination by emailing us at . If you close your account, we may continue to display Your Content. B.We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information. C.In the event of any termination, whether by you or us, Sections 1, 4, 5, 9 - 13 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 4.

13.General Terms

A.We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
B.We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Service.
C.Except as expressly stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
D.The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
E.Any failure on JCHV’s part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F.If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
G.The Terms of Service are not assignable, transferable or sublicensable by you except with JCHV’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
H.The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.