How to Cake It Inc. (“How To Cake It”) and its affiliates and promotional partners, create, market, promote, and sell various products, services and digital experiences, such as live baking tutorials including the program entitled Bake You Happy (the “Feature”). In connection with these efforts, How To Cake It desires to include you in connection with the Feature defined above.
By signing up to participate in the Feature, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, you acknowledge, represent, warrant and agree to the following:
You acknowledge that your participation will be as an observer of the Feature with Facebook comment features open to all attendees of the Feature. You will not be shown on camera or have microphone access to actively participate in the Feature. However, you are responsible for managing the display name that may be shown to other participants. You agree not to take any steps to record the Feature or any information regarding other participants in the Feature, nor will you solicit or otherwise pitch any products to other participants or observers through How To Cake It’s digital properties including their Facebook groups and all social platforms, nor in any way related to the Feature. You acknowledge that if you are found to have done so, How To Cake It has the right to remove you from the group (without refund) at their discretion.
You acknowledge that How to Cake It will record the Feature and make it available inside the Facebook group after the live tutorial (including any commentary you may have provided).
You hereby acknowledge that How to Cake It has used its best efforts to implement appropriate security measures to ensure the safety and security of the Feature, including without limitation, password protecting the Facebook group, approving all attendees, obtaining signed releases from all attendees, and monitoring the Feature in real-time.
To the extent you post public photos, images, videos or other material to social media or to How To Cake It’s Facebook groups, referencing the Feature and/or How to Cake It, you hereby grant How to Cake It and its affiliates, the right to repost such materials in connection with the promotion and marketing of the Feature.
You hereby agree to release, indemnify and hold harmless How To Cake It, its affiliates, promotional partners, assigns, officers, directors, licensees, licensors, contractors, agents and employees, and those acting under How To Cake It’s authority, against loss from any allegation, claim, action, or demand that may be brought at any time by you or by anyone acting on your behalf for the purpose of advancing or enforcing a claim for damages related in any way to the Feature, and from all claims and liabilities of any kind, including but not limited to claims based on negligence, invasion of privacy or other privacy rights, defamation, or rights of publicity, copyright, or arising out of or in connection with the Feature, or in respect of any injury or damage you sustain related in any way to the Feature of How To Cake It’s activities.
How to Cake It may assign this Agreement and sublicense all or any portion of the rights and releases granted in this Agreement to any party without restriction.
By signing, or digitally acknowledging this release, you certify and represent that you are authorized to enter into this Agreement and that you have read the foregoing and fully understand the meaning and effect thereof. Also, by signing or digitally acknowledging this Agreement, you intend to be legally bound by it. This Agreement shall be interpreted under the internal, substantive laws of the Province of Ontario without regard to any conflicts of law provisions.
I understand and acknowledge the terms and conditions of this Agreement, and I hereby expressly agree and consent to this Agreement and will not revoke my consent at any time.