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Terms of Use

Terms of Use 

By visiting our Sites or purchasing products from us, you agree with and consent to these Terms of Use and our Privacy Policy. The website Spatula Desserts and its general content are operated by Digitaltrends LLC (a Wyoming LLC). All online baking classes and related digital services are sold and provided separately by Digitaltrends LTD (a Cyprus LTD). Depending on your use of the site, 'Company', 'we', 'us', or 'our' refers to the respective entity providing the specific service.

Purchase of goods and services 

Digitaltrends LTD sells its services via Gumroad and when you enroll for a class or a live event, you buy the service from Gumroad and not from Digitaltrends LTD.  

Gumroad is our service provider and we sell the products and services to them and they re-sell it to you. After your payment, you will receive an invoice from Gumroad and a link to the class from Digitaltrends LTD. 

This transaction is necessary to comply with EU VAT and TAX requirements. 

You can find more information about buying things on Gumroad via the following link: https://customers.gumroad.com/category/220-before-you-buy 

Privacy policy for Gumroad purchases: 

https://gumroad.com/privacy

Product description 

We will make reasonable efforts to correct and update mistakes as we discover them, without notice and without liability for any issues they may have caused prior to their correction. We reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). If a product offered by us is not as described, your sole remedy is to return it to us in unused condition. We also reserve the right to limit the order quantity on any item. 

Classes  

When you enroll for a class, after payment, you will receive an email with a link to the  ZOOM class, as well as the REcipe ingredients and Equipment list. 

Classes are in English and recorded. You will bake together with other participants.  

The Time zone for the classes is (CET) Central European Time. Please always check your local time zone and plan accordingly. 

No Show up

Please inform the organizer ahead of the class if you are unable to join the class live. Recording will be available via a link following the class.

Late arrivals

We strongly to encourage you to join the class 5-10 min early, late arrivals - more than 15 min late - would not be able to follow the class and won´t be allowed to enter for the sake of other students. Recording will be available via a link following the class.

Refund

You may rebook your reservation for the next available class (subject to availability) but no refund will be given following the participants receiving the Equipment and Ingredients list of the Recipe

In the event that your class is canceled by us, due to low enrolment, or other circumstances, we will notify you as soon as possible by email and issue you a full refund. 

Recording  

Each Zoom class is recorded and available to review via a link for the participants only.  The recorded video is password protected and only available for those who purchased the class. Class recordings are for the personal use of participants only. All contents (recipe and recording) are the property of Digitaltrends LTD. The unauthorized use and/or duplication of this material without express and written permission from Digitaltrends LTD is strictly prohibited.

During the class 

Classes are small groups with other participants connecting online from various locations.  

Each registration is for one device. If you are baking together in the same kitchen, only one registration is required. If you are each baking from your own homes, more than one registration is required. You’ll want to register for each spot separately as the zoom link will go to the email associated with the account of the person who purchased the class. 

You are solely responsible for your interactions with other users during the classes. You agree that Digitaltrends LTD is not responsible or liable for the conduct of any user. We reserve the right to monitor and restrict activity during the classes and any unacceptable behavior will be banned. 

You agree that you are not allowed to: 

  • Post or share or comment on anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities. 
  • create, solicit, transmit, or procure the sending of, any unwanted, unsolicited, or harassing comments or communications, including advertising or promotional material, without our prior written consent, such as spam 
  • stalk, harass or harm another individual 
  • impersonate Digitaltrends LTD or its employee, another user, or any other person or entity, or otherwise perform any other similar fraudulent activity, such as phishing; 

Users that do not adhere to our Terms of Use may be restricted from interacting with Digitaltrends LTD online, by phone, or by chat tools. 

Inaccuracy disclaimer 

Despite our best efforts, we're only human. The site may occasionally contain errors, including incorrect prices, unclear recipe directions, or inaccurate photos. We will make reasonable efforts to correct and update mistakes as we discover them, without notice and without liability for any issues they may have caused prior to their correction. 

Your Responsibilities 

You are responsible for any activity that occurs through your use of the Website and through the classes. You agree that you will not sell, transfer, license, or assign your account, password, username, or any rights.  You also represent that all information you provide or have provided to Digitaltrends LLC or Digitaltrends LTD (as applicable) upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy. 

Links away from our Website 

Our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, sponsored, or affiliate links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Links to our Website 

You may link to our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on our Website; send communications with certain content, or links to certain content, using the Website; or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Website that is inconsistent with these Terms of Use. 

We may disable any social media features and any links at any time without notice in our sole discretion. 

User Generated Content 

Any material you add to the Website or social media platforms associated with Digitaltrends LLC, including but not limited to photos and comments on our blog, recipe and product ratings, and reviews, Facebook, Instagram, Twitter, etc. (“User Contributions”) will become a part of the site and may be used for our marketing purposes. If you're not comfortable sharing what you write with the general public—please don't share it. We also reserve the right to delete or remove any obscene, abusive, or other objectionable, inaccurate or misleading materials posted to our Website and to our social media properties. 

In addition, you represent and warrant that: 

  • All of your User Contributions do and will comply with these Terms of Use. 
  • You own or control all rights to the User Contributions posted by you on or through the Website or otherwise have the right to grant the rights and licenses set forth in these Terms of Use 
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Digitaltrends LLC, have full responsibility for such materials, including its legality, reliability, accuracy, and appropriateness. 
  • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

You may feel you have a great idea for a new product or a special recipe you'd like to share. We do not offer compensation for any product suggestions, recipes, or other information submitted via email, product or recipe reviews, live chat, or any other online channels. In uploading content, you grant Digitaltrends LLC a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Contributions that you post through the Website or otherwise provide to Digitaltrends LLC, subject to our Privacy Policy  

Intellectual Property Rights 

We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Website for lawful purposes in accordance with this Terms of Use and our Privacy Policy. 

Unless we give you permission to do so, you will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Digitaltrends LLC Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Digitaltrends LLC Content without the prior written permission of Digitaltrends LLC.

Digitaltrends LLC also respects the intellectual property rights of others, and we prohibit users of our Website from submitting, uploading, posting, or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact us. 

Monitoring and Enforcement; Termination 

We have the right to: 

  • Modify or terminate the Website for any reason, without notice, at any time, and without liability to you. 
  • Refuse, terminate, or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. 
  • Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. 
  • Force forfeiture of any username for any reason. 
  • We may, but have no obligation to, remove, edit, block, and/or monitor content, User Contributions, or accounts containing materials that we determine in our sole discretion violates these Terms of Use. 

Disclaimer of Warranties and Limitation of Liability 

Violation of these Terms of Use may, in Digitaltrends LLC´s sole discretion, result in termination of your account. You understand and agree that Digitaltrends LLC cannot and will not be responsible for the content posted on the Website and you use the Website at your own risk. If you violate the letter or spirit of these Terms of Use or otherwise create risk or possible legal exposure for Digitaltrends LLC, we can stop providing all or part of the Website to you. 

To the fullest extent permitted by applicable law, Digitaltrends LLC offers the Website “as-is” and makes no representations or warranties of any kind concerning the Website, express, implied, statutory, or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. 

Digitaltrends LLC does not warrant that the functions or the content contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that Digitaltrends LLC’s servers are free of viruses or other harmful components through use or downloading material from the Website. 

Digitaltrends LLC and Digitaltrends LTD do not warrant or make any representations regarding the use of the results of the use of Digitaltrends LTD´s Content, User Contributions, or any other content on the Website, or classes, in terms of accuracy, reliability, or otherwise. 

Digitaltrends LLC and Digitaltrends LTD do not endorse, approve, or verify any posted content on the Website and shall not be responsible or liable whatsoever in any manner for any content posted on the Website and during classes(including claims of infringement relating to content posted on the Website and during classes, for your use of the Website, or for the conduct of third parties whether on the Website or relating to the Website. 

Binding Arbitration (“Arbitration Agreement”)

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to 30 N Gould St Ste N Sheridan, Wyoming 82801. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.


Consent to Data Collection. These Terms of Service incorporate our Privacy Policy (https://www.spatuladesserts.com/privacy-policy/)which discloses how we, our vendors and our service providers collect and use data when you use the Site and/or mobile applications.  By using this Site, you hereby consent to the collection and use of data by us, our vendors and our service providers as described in the Privacy Policy (including any links to other policies therein). You can opt out of the use of your data for cross-contextual advertising at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.   

Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US” WHICH EXPLICITLY INCLUDES BOTH DIGITALTRENDS LLC AND DIGITALTRENDS LTD), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO US BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.