Las Recetas de Lucy Inc. Terms of Use

These Terms of Use are entered into by and between you and Las Recetas de Lucy Inc. (“we” or “us”). These Terms of Use, together with our Privacy Notice, set forth the terms and conditions (collectively, “Terms”) that apply to your access and use of our website, located at www.lucysconfections.com, and our branded pages on social media services, (collectively, the “Site”).  We may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 7 below. If you do not want to agree to these Terms, you must not access or use the Site.

[These Terms state that any disputes between you and us must be resolved in small claims court.]

• Acceptance.  To use the Site you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least 13 years old, you must use the Site with the consent of your parent or legal guardian; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations.

• Prohibited Conduct.  You agree not to:

• Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

• Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;

• Post, or upload any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

• Interfere in any way with security-related features of the Site;

• Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

• Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;

• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

• Intellectual Property.  This Site and its entire contents and features (including all information, software, text, images, video, audio, and the design) are owned by us, our licensors, or other providers of such material and are protected by applicable the United States and international copyright, trademark, patent, trade secret and other intellectual property laws. 

 

No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Site.

You may not access or use this Site for any commercial purposes, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.  Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.  We intend to vigorously enforce our rights, including our intellectual property rights.  You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through this Site.

Our name, the terms, Las Recetas de Lucy, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission.

• Copyright Infringement.

If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:

 

Gabriel Macias

orithestore@gmail.com

 

Phone: (929) 265-8786

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement 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.  We have adopted and implemented a policy that provides for the termination in appropriate circumstances of accounts of users who repeatedly infringe the copyright or other intellectual property rights of us or others.

• Reliance on Information Posted.  The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.

• Termination.  If you violate these Terms, your permission to use our Site will automatically terminate.  In addition, we, in our sole discretion, may suspend or terminate some or all of your access to the Site at any time, with or without notice to you.

• Modification of the Terms.  We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Site.  Such modifications and additional terms and conditions will be effective immediately upon notice.  We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to our Site or by sending an email to any address you may have provided to us.  Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.

• Disclaimers of Warranties.  OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any damages that may result from your use of or access to our Site.  We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site.

• Limitation of Liability.  IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations or the disclaimer of warranties in Section 8 may not apply to you.

• Indemnification.  You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of our Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including 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 in such case, you agree to cooperate with our defense of such claim.

• Governing Law.  These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.  Subject to Section 13 which provides that disputes are to be resolved in small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York County, New York, for the purpose of litigating all such disputes.

• Geographic Restrictions.  We provide this Site for use only by persons located in the United States.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

• Dispute Resolution.  In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree to resolve disputes in small claims court if a claim is within such court’s jurisdiction, provided that such action may not be transferred, removed or appealed to a different court.  Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant such relief in the event of actual or threatened infringement or misappropriation of intellectual property rights. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by this agreement. This provision shall survive the termination of this agreement.

• Modification of the Site.  We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

• General.

• Entire Agreement.  These Terms, together with the Privacy Notice, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.

• No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

• Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

• Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

• Notice to California Residents.  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Last updated: [04/01/2021]

***

 

 

Las Recetas de Lucy Privacy Notice


Last Updated: [03/31/21] 
Las Receta de Lucy Inc (“we” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Notice.  This Privacy Notice applies to your access and use of our website, located at www.lucysconfections.com, as well as our branded pages on social media services (collectively, the “Site”). This Privacy Notice is incorporated into and is subject to our Terms of Use (the “Terms”). 
This Privacy Notice only applies to information collected on the Site and is not intended to fully describe our privacy policies.  It does not, for example, apply to information collected offline or through any website operated by any third party, even if it is linked to or accessible from the Site.  The Privacy Notice describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information.  By using the Site, you consent to the privacy practices described in this Privacy Notice.  
The information that we collect about you and how we collect it: 
We collect several types of information from and about users of the Site, which may include certain “Personal Information” (information that can be associated with a specific person and can be used to identify that person, such as name, e-mail address, mailing address, telephone number, date of birth, financial account information, IP address, and other similar types of information), other information that is about you but cannot independently be used to identify you, and information about your internet connection, the equipment you use to access the Site and usage details.  
We collect this information directly from you when you provide it to us, automatically as you navigate through the Site and from third parties, such as our business partners or service providers.


Information you provide:


You may provide us with Personal Information when you fill out forms or fields on the Site; when you purchase products or services on the Site or when you contact us or request information about us, this Site, or our products or services (whether by email or other means).
Your financial information, such as payment method (credit card number and expiration date), is used and stored by our third-party service provider, Stripe (“Payment Processor”), and the use and storage of that information are governed by our Payment Processor’s Terms of Service and Privacy Notice available at [https://stripe.com/connect-account/legal#connected-account-agreement].  We may from time to time request and receive some of your financial information from our Payment Processor for purposes of completing transactions or protecting against or identifying possible fraudulent transactions.
Some features of our Site allow you to provide content, such as comments or reviews.  To the extent permitted by local law, all content submitted to us or third parties in connection with your use of the Site may be retained or used by us indefinitely.


Information we automatically collect:


When you visit the Site, or use a third-party website that interacts with our Site, we may automatically receive and record certain information from your computer, web browser or mobile device, including your IP address or other device address or ID, web browser or device type, hardware and software settings and configurations, the web pages or sites that you visit before or after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site.    


When you use the Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to recognize your web browser, help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety.  You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Site or certain features of the Site.  We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Site.  That use may be subject to the Google Analytics Terms of Use and Google Privacy Policy. Additional information is available here:  http://www.google.com/policies/privacy/partners/.  You have the option to opt out of Google’s use of cookies by visiting http://www.google.com/policies/technologies/ads/ or the Google Analytics Opt-out Browser add-on at https://tools.google.com/dlpage/gaoptout/.


How we use the information we collect:
   •    We generally use the information we collect about you or that you provide to us in order to provide you with information you request from us or to fulfill any other purposes for which you provide such information.
   •    We may use Personal Information in any way we may describe to you when you provide such information or for any other purpose with your consent.
   •    We may use non-identifying information (including aggregated data) about your use of the Site to understand and analyze the usage trends and preferences of our users, to improve the Site, and to improve fraud detection and information security.
   •    We may use your e-mail address or other Personal Information to contact you (a) for administrative purposes such as account recovery or to notify you of changes to this Privacy Notice or other policies or to our services and/or (b) to send you promotional materials about our services.  Generally, you can opt out of receiving promotional communications, through links provided in the messages, or by contacting us directly at lasrecetasdelucy@gmail.com.  Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
   •    We may use information we collect (including automatically or through cookies) to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide customized content and information; (c) monitor and analyze the effectiveness of the Site; and (d) monitor aggregate Site usage metrics such as total number of visitors and pages viewed.
When we disclose your information: 
We may disclose aggregated information about our users, and information that cannot independently be used to identify any individual, without restriction.  We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:
   •    To our third-party service providers to provide website development, hosting, data storage, maintenance, credit card processing and other services for us.  


If required to do so by law or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations; to protect ourselves from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to comply with state and federal laws; or in response to a court order, judicial or other government subpoena or warrant.
To a buyer or other successor in the event of a divestiture, merger, consolidation, or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.
In any way we may describe to you when you provide such information, to fulfill any other purposes for which you provide such information or for any other purpose with your consent.


Your Choices:


You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Site. 
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to your purchase of goods or services and other communications essential to your transactions through the Site) by using the unsubscribe process at the bottom of the email.  Should you opt out, we will promptly honor your request, though we may retain certain information you submit (including in backups or archives) for a variety of purposes, including analytics, the prevention of fraud or abuse and compliance with our legal or regulatory obligations.

 

Our Commitment to Children’s Privacy:


Protecting the privacy of young children is especially important.  For that reason, we do not allow children under 13 years of age to use the Site, we do not knowingly collect or maintain information from persons under 13 years of age, and no part of the Site is directed to persons under 13 years of age.  If you are under 13 years of age, then please do not use or access the Site at any time or in any manner.  If you are a parent or guardian and discover that your child under 13 years of age has provided us with information, please alert us at lasrecetasdelucy.com.


Our Commitment to Data Security:


We use certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your Personal Information; however, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you transmit to us through the Site, and you do so at your own risk. We also cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  We are not responsible for circumvention of any privacy settings or security measures contained on the Site.  Even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.


Visitors from Outside the United States:


This Site is controlled and operated by Las Recetas de Lucy INC in the United States.  If you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, including Personal Information, outside of those regions to the United States for storage and processing, as necessary to provide to you the products and services available through the Site.  Where required, we comply with applicable legal frameworks relating to the collection, storage, use, and transfer of personal information.


Limitation of Liability:


By accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information.  In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your information caused by those service providers.


Changes and Updates to this Privacy Notice:


We reserve the right to make changes to this Privacy Notice at any time.  We will notify you about significant changes in the way we treat your information, including by placing a prominent notice on the Site or by sending you an email so that you can choose whether to continue using the Site.  Please revisit this page periodically to stay aware of any changes to this Privacy Notice.  


Do Not Track Disclosures


Third parties such as advertising networks, analytics providers, and widget providers may collect information about your online activities over time and across different websites when you access or use our services.  Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites.  Due to the lack of such standards, the Site does not respond to Do Not Track consumer browser settings.  

 

 

 


Our Contact Information:
Please contact us with any questions or comments about this Privacy Notice by e-mail at

lucysconfections@gmail.com.
Attn: Privacy
Las Recetas de Lucy Inc.
1580 Park Ave., New York, NY 10029


***

 
 

CONTACT ME

 Get quotes, sizes, and ideas for your sweet sweet projects! 

Thanks for submitting!

  • Black Pinterest Icon
  • Black Facebook Icon
  • Black Instagram Icon
  • Black Pinterest Icon
  • Black Instagram Icon