Baking Life Terms of Service

Unless otherwise specified, the Baking Life App, virtual currency, virtual items, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on the Baking Life App (collectively the "Materials") are the property of ZipZapPlay, or their suppliers, and are protected by United States and international copyright, trademark and other relevant intellectual property and proprietary rights laws. You may access and use the Baking Life App and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user license agreement, which accompanies or is included with the Baking Life App and which is incorporated into these Terms of Service by reference. Except as expressly authorized by ZipZapPlay in writing, or to the extent expressly permitted by law, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Baking Life App or the Materials for any other purpose. You may not link to or frame the Baking Life App or the Materials or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZipZapPlay without obtaining ZipZapPlay's express written consent, as the case may require. You may not use any meta tags or any other "hidden text" utilizing ZipZapPlay's name or trademarks without the express written consent of ZipZapPlay. Any unauthorized use terminates the permission or license granted by ZipZapPlay. This grant of limited license is conditioned upon your agreement to and compliance with all of the provisions of these Terms of Service.

During a Baking Life App session, you may accumulate the Baking Life App's virtual currency or virtual items. Virtual currency or virtual items are specific for use in the Baking Life App for which they are purchased and they are not transferable between or among different ZipZapPlay games and applications. Virtual items and virtual currency may be made available for purchase and/or they may be earned by you during game play, as determined in ZipZapPlay's sole discretion.

If you are under the age of 18, you may purchase virtual items and virtual currency from ZipZapPlay only with the involvement of a parent or guardian. You should review these Terms of Service with a parent or guardian to make sure that you both understand them.

All purchases of virtual items and virtual currency are final and non-refundable.

ZIPZAPPLAY RESERVES THE RIGHT TO DETERMINE IN ITS SOLE DISCRETION THE PAYMENT METHODS WHICH MAY BE USED BY YOU TO PURCHASE VIRTUAL ITEMS AND VIRTUAL CURRENCY, AND HOW, WHEN AND FOR WHAT PRODUCTS OR SERVICES VIRTUAL ITEMS AND VIRTUAL CURRENCY MAY BE REDEEMED. IN ADDITION, ZIPZAPPLAY MAY MODIFY, ELIMINATE OR DISCONTINUE VIRTUAL ITEMS, VIRTUAL CURRENCY OR OTHER BAKING LIFE APP SPECIAL FEATURES ENTIRELY AS IT SEES FIT.

If ZipZapPlay elects to make virtual items and/or virtual currency available for purchase through a third party service or by using credits offered by an applicable social networking site ("SNS Credits"), that purchase is subject to the terms and conditions of the applicable third party service or social networking site. It is your responsibility to read and accept those terms. ZipZapPlay shall not be responsible or liable for your interactions with the third party service or any purchase from such third party.

ZipZapPlay will establish a redemption rate for SNS Credits which will be posted on the relevant Baking Life App. This redemption rate may change from time to time, as determined by ZipZapPlay in its sole discretion. ZipZapPlay may stop accepting SNS Credits as a payment method for virtual currency and/or virtual items at anytime.

Virtual currency and/or virtual items may be redeemed for special in-game features, such as extra play time, power-ups, boosts, and the like. You can activate these special in-game features while playing the Baking Life App. These special in-game features may only be used within the applicable Baking Life App.

Virtual currency and virtual items are made available under a limited license for your personal use within the Baking Life App. You understand that you have no right or title to or interest in any virtual currency or virtual items earned or purchased by you or the special in-game features for which virtual currency or virtual items are redeemed.

Virtual currency, virtual items and special in-game features are not transferable or redeemable for any sum of money or monetary value from ZipZapPlay or any third party and you agree not to sell or exchange virtual currency, virtual items or any special in-game features. ZipZapPlay will not recognize any sale or transfer of virtual currency, virtual items or special in-game features and it will be deemed void.

You agree that ZipZapPlay, in its sole discretion and for any or no reason, may terminate, modify, delete or suspend your access to the Baking Life App, or any part thereof, with or without notice to you. In the event of termination of your access by reason of a breach of these Terms of Service, all virtual currency, virtual items and any unused special in-game features or other aspects of your account will be forfeited.

"Submissions" means any of your creative ideas, suggestions or proposals for the Baking Life App or other ZipZapPlay products or services. If you make a Submission, you acknowledge that (i) such Submission is not being made in confidence or trust, (ii) you have no expectation of compensation or consideration of any kind, and (iii) you grant, or warrant that the owner of any such Submission has expressly granted, to ZipZapPlay a worldwide, royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, translate, publish, distribute, perform, prepare derivative works of and otherwise fully exploit such unsolicited Submission without any liability whatsoever. You also represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your Submissions are not false or misleading and do not and will not infringe any right of any third party.

Your use of the Baking Life App is subject to our Privacy Notice, which is incorporated herein by this reference. We reserve the right to make changes to the Baking Life App and these Terms of Service at any time. Your continued use of ZipZapPlay's Baking Life App constitutes your agreement to those changes.

Other websites, including but not limited to, any social networking site through which you accessed the Baking Life App, or any third party content which frames or is linked from the Baking Life App, are not under ZipZapPlay's control and ZipZapPlay does not assume any responsibility or liability for any communications or materials available at such third party linked sites. The links are provided for convenience only and ZipZapPlay does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. ZipZapPlay shall not be responsible or liable for any part of any such interactions.

When you access the Baking Life App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you through your social networking service account (if permitted by your social networking service), by e-mail (if you provide your e-mail address to us or if you allow your social networking service to do so on your behalf) or by posting notices on the Baking Life App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your use of Baking Life App and the Materials is subject to the laws of the United States and other countries. You agree to comply with all applicable laws and regulations. In particular, you represent that you are not (i) located in a country to which U.S.-origin software may not be exported or re-exported, or (ii) identified on any government export exclusion list, including but not limited to the U.S. Government's Denied Persons, Entity, and Specially Designated Nationals and Blocked Persons Lists, nor will you transfer or release the Baking Life App or any other Materials made available for download from ZipZapPlay to these countries or any parties identified on such lists in violation of these laws.

THE BAKING LIFE APP AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZIPZAPPLAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BAKING LIFE APP OR MATERIALS INCLUDED ON OR DOWNLOADED FROM THE BAKING LIFE APP. YOU EXPRESSLY AGREE THAT YOUR USE OF BAKING LIFE APP AND THE MATERIALS ARE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZIPZAPPLAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ZIPZAPPLAY DOES NOT WARRANT THAT THE BAKING LIFE APP, THE MATERIALS, ZIPZAPPLAY'S SERVERS, OR E-MAIL SENT FROM ZIPZAPPLAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ZIPZAPPLAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BAKING LIFE APP OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF ZIPZAPPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are an individual consumer, the preceding provision in limitation of liability may not apply to you. Instead, ZipZapPlay will be liable to you only for the direct and actual damages to you and not be liable for any indirect, incidental, punitive and consequential damages, even if ZipZapPlay has been advised of the possibility of such damages.

You agree to indemnify and hold harmless ZipZapPlay, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, misuse of the Baking Life App, or your violation of applicable law, rule, regulation or third party right.

ZipZapPlay shall not be liable for any delay or failure to perform resulting from fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, insurrection, riot, act of God or the public enemy, law, act, order, proclamation, decree, regulation, ordinance, or instructions of any government or public authorities, or any other event outside of ZipZapPlay's reasonable control.

These Terms of Service are governed by and construed in accordance with the laws of the State of California, USA, excluding its conflict of laws rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action hereunder shall lie exclusively in the state and federal courts located in San Mateo County, California USA and you hereby consent and submit to the personal jurisdiction of such courts.

These Terms of Service constitute the entire agreement between you and ZipZapPlay concerning the Baking Life App. No delay or failure to take action under these Terms of Service shall constitute any waiver by ZipZapPlay of any provision of these Terms of Service. If any provision of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Service are personal to you and may not be transferred, assigned or delegated to any third party.

ZipZapPlay respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ZipZapPlay with the written information specified below. Please note that this procedure is exclusively for notifying ZipZapPlay and its affiliates that your copyrighted material has been infringed

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A description of the copyrighted work that you claim has been infringed upon; and
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; and
• Your address, telephone number, and e-mail address; and
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ZipZapPlay's Copyright Agent for notice of claims of copyright infringement on its site can be reached at copyright@zipzapplay.com.

Last modified on April 14th, 2011.