Terms and Conditions
Effective date: October 9, 2024
The following Terms of Use are entered into by and between You and Design My Cake By Patty/Patty DiFondi (“Company”, “we”, or “us”).
Design My Cake By Patty/Patty DiFondi maintains this website, any courses offered, and other linked and related sites (the “Website”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms.Â
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Use of Digital Content and Copyright Policy
All digital content, including but not limited to, designs, images, photographs, templates, and downloads on this site provided by Patty DiFondi is protected by U.S. and international copyrights owned by Design My Cake by Patty.
You are not permitted to alter, adapt, print, copy, resell, use, or distribute our digital content, designs, images, photographs, templates, and downloads for commercial use. Commercial use is defined as using our digital content in any physical project or product that is intended for sale or any type of commercial use. Under no circumstances are you permitted to sell, transfer, sublicense, alter, give away, or otherwise distribute any actual files, or parts of files, associated with digital content offered by Design My Cake by Patty, whether it be individually distributed in its original format, converted into an alternate format, or included in the sale of another product. This specifically prohibits the inclusion of the original design, or any portion of the design, in any digital file format that would be distributed to others for their use.Â
You are more than welcome to share our copyrighted photographs on your social media channel, website, or blog in compliance with these guidelines:
- You cannot share any photo tutorials or downloadable templates.
- You must provide credit and link back to our original post when sharing our content.
- You cannot alter our photos in any way, nor remove, delete, or cover the Design My Cake by Patty watermark from any photos.
- When including a repost of any project onto any of your social media platforms such as Facebook, Twitter, or Instagram, you must credit Patty DiFondi and add a tag back in your description to the Design My Cake by Patty Facebook or Instagram accounts, as appropriate.
Upon downloading any digital file, the user accepts all liability and sole responsibility for the digital file and any accompanying files therein. Design My Cake by Patty is not responsible or liable for any damages, losses, or other consequences incurred as a result of downloading any digital file from this site.
Design My Cake by Patty retains all reserved rights in all digital content on learn.designmycakebypatty.com. In particular, claiming digital content designs, videos, or design methods and/or re-selling digital content as your own is a violation of our Terms of Use.
No Guarantees as to Results
By using this Website, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Use of Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Course Access
Unless otherwise stated, upon purchasing a course, you get unlimited access for the lifetime of the course—for as long as Design My Cake by Patty continues to host it. We will make reasonable efforts to provide as much notice as possible if/when the course ceases to exist so that users can download course materials.Â
Course Updates
Unless otherwise stated, the purchase of the course includes any future updates and changes. These updates may either be added to the program or replace existing course content, with or without notice.
From time to time, we may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year. You might choose to enroll in promotional bonuses an extra charge.Â
The Company reserves the right to offer additional programs and courses from time to time. These additional program elements are not a part of the Luxury Wedding Cake Design. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
Fees
In consideration of Your access to the Program, you agree to pay the following fees.
Luxury Wedding Cake Design:Â You may choose between a single payment of $497 (due immediately) or 12 monthly payments of $49. If you select the payment plan, you must pay the initial payment today, and then your selected payment method will be automatically charged the following 11 payments on a monthly basis, for a total payment of $588. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments except. In the event that any payment is not made, the Company shall immediately suspend your access to the course materials.
Any further programs/masterclasses/workshops/printable downloads offered by Design My Cake by Patty will require immediate payment in full prior to access unless stated otherwise.
Cancellation / Refund Policies
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the courses. With the program and any future program/download being a digital product in which you have immediate access to after payment, we do not offer a refund. All sales are final.
Please note: If you opted for a payment plan, you are required by law to complete the remaining payments of your payment plan. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.Â
Digital Millennium Copyright Act (DMCA) Infringement Policy
At Learn.DesignMyCakeBy Patty.com, the “Website,” we respect the intellectual property rights of others. We expect our users to act in a way that does not infringe on other’s rights, including ensuring that they never violate anyone else’s intellectual property rights.
To that, we have established the following Copyright Infringement Policy.
We take claims of copyright infringement very seriously and respond to notices regarding such matters expeditiously. If you are a copyright owner, or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us, by sending a Notice of Alleged Infringement by email to Patty DiFondi/Design My Cake by Patty:
Design My Cake by Patty
Email Address: [email protected]
Send such notice with the information that sets forth the items specified below:
1. Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works, you may provide a representative list.
2. The location of the allegedly infringing material, including identification of the URL where the allegedly infringing material is accessible or the exact location where the infringing material can be found.
3. Your company affiliation, if applicable, your mailing address, telephone number, and email address.
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
6. Your full legal name and your electronic or physical signature.
Upon receipt of your Notice, we will take all actions we deem appropriate, including removal of the infringing material or disabled access to the infringing material. Please note that you must comply with all of the requirements above for your Notice to be valid.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES, AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Design My Cake by Patty may terminate access to the user’s account.
No Warranties
The Company makes no warranties regarding the performance or operation of this website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of your use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes to the website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you assert against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
International Users
The Service is controlled, operated, and administered by Design My Cake by Patty from our office in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, without notice, if You become disruptive to the Company or other Program participants if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of termination.
Contact Us
If you have any questions, concerns or complaints about this Terms and Conditions, please contact us:
Patty DiFondi at
