These terms and conditions of use (“Terms of Use”) govern your use of the website(s) (including related domains, sites, and mobile applications, the “Site”) provided or made available by Hamantashen, LLC (“Company” or “us”), and any services accessible through such Site (“Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY. By using the Site or Services or by submitting any information through the Site or Services, you acknowledge that you have read and understand these Terms of Use and that you agree to be bound by them. If you are an individual agreeing to these Terms of Use on behalf of an organization’s legal entity, you represent that you have the legal authority to bind such entity. If you do not accept these Terms of Use, you may not use the Site or Services.
- Amendments. Company may from time to time, in its sole discretion, make changes to the Site or Services, or modify these Terms of Use. Company will provide a notice of such changes by posting the updated Terms of Use on the page and changing the “last updated” date listed above. Your continued use of the Site or Services after such changes become effective will constitute your acceptance of those changes and the updated Terms of Use. Therefore, please check these Terms of Use periodically for updates. If changes to these Terms of Use are material, we may use reasonable efforts to notify you by email (if you have an email address on record with us) or through a notice on your account, in our sole discretion. If you do not agree with the changes or modifications, you may not use the Site or Services after the effective date of the changes.
- Site and Services. Subject to your compliance with these Terms of Use, Company grants you a limited, revokable, non-exclusive right to access and use the Site and Services and the content and information contained therein, solely for your personal use. You agree to use the Site and Services only for lawful purposes and in compliance with all applicable laws and rules, including without limitation those governing any transactions made on or through the Site or Services.
- Third Party Sites and Services. The Site or Services may accessible through or integrated with products or services of third parties (“Third Party Services”), which third parties may include, without limitation, Company’s customers and business partners (collectively, “Third Party Providers”). Company is not responsible for the content of any Third Party Services, even if such Third Party Services are “powered by Company” or otherwise use Company technology. Your use of any Third Party Services may require a separate contractual relationship between you and the respective Third Party Provider, and the terms and conditions established by such Third Party Provider (“Third Party Terms”) shall apply to your use of the Third Party Services. You acknowledge and agree that Company will not have any liability under any Third Party Terms, and that you must bring any claims or issues you may have with any Third Party Services to the respective Third Party Provider, not Company. Similarly, the Site and Services may contain links to third party websites (“Third Party Sites”). Company does not control these Third Party Sites and is not responsible for the content of, stability of, or any transmission to or from any Third Party Site. Company provides these links to you only as a convenience and the inclusion of any link does not imply endorsement by Company or any association with the link’s operators, or guarantee that the content contains accurate information. We recommend you review the privacy statements and terms of use posted at any Third Party Sites. Company disclaims all warranties, express and implied, as to the accuracy, validity, safety, or legality of any materials or information contained in any Third Party Services or Third Party Sites.
- Availability. Company retains the right, in its sole and absolute discretion, to deny service or access to, or use of, the Site or Services to anyone at any time and for any reason without liability. While Company uses reasonable efforts to keep the Site and Services accessible, the Site or Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Site or Services, or to your account, due to circumstances both within Company’s control (e.g., routine maintenance) and outside of Company’s control. The Site or Services may be modified, updated, suspended, or discontinued at any time without notice or liability.
- Registration. If you register or sign up for an account on the Site or Services (if Company makes available such a feature), you will choose or will be provided credentials (such as a user name and password) to access your account. You agree not to give these credentials to anyone else or allow anyone else to use or access your account or other protected portions or content of the Site or Services. When registering for your account, you must provide true, accurate, current, and complete information about yourself, and you must continue to maintain and update the information you have provided so that it remains true, accurate, current, and complete for as long as you continue to use the Site or Services. You are responsible for all activities that occur under your account, and Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or password. You agree to immediately notify Company if you suspect or become aware of any unauthorized use of your account or credentials.
- Payments. To the extent any products or services are available through the Site or Services, or if Company charges fees for access to the Site or Services, the pricing will be as set forth by Company on the Site or otherwise. All fees and prices are subject to change at any time without prior notice, in Company’s sole discretion. Payments will be processed by Company’s designated payment processor. By submitting your payment information you authorize Company and its payment processor to charge or debit your designated payment method (e.g., credit card, bank account via ACH, cryptocurrency wallet, etc., as the case may be) for all fees and other amounts owed to Company or its affiliates and partners. If you submit a transaction for recurring or future payments (for example, a monthly subscription), you authorize Company to store your payment credentials and information on file, and process payments and transactions in the manner and at the times agreed to by the parties. You understand and agree that we share your payment information and other relevant information with our payment processor and other third party service providers as necessary to provide the Site and Services and to process your transactions. Your authorization(s) shall remain in place for as long as you owe money to Company, or until you expressly cancel or withdraw your authorization with written notice to Company. Unless otherwise indicated, all fees are in U.S. dollars. All amounts not paid when due may incur an interest charge of 1.5% per month or the highest rate permitted by law, whichever is less. You may be subject to additional fees or penalties for late payments, returned checks, or declined payments due to insufficient funds. All fees listed are exclusive of taxes unless otherwise noted, and you agree to be responsible and hold Company harmless for any taxes levied by applicable governmental authorities (including without limitation sales and use taxes and value-added taxes, where applicable). Except as expressly provided otherwise, all payments are non-refundable and non-cancellable.
- Prohibited Conduct. You may not: (a) modify, alter, reverse engineer, or create derivative works of the Site or Services or their contents; (b) copy, download, distribute to third parties or publicly display any portion of the Site or Services, except as expressly authorized; (c) remove, modify, or obscure any copyright, trademark, or other proprietary notice; (d) attempt to gain access to any portion of the Site or Services for which you do not have authorized access, interfere with or interrupt the operation of the Site or Services (including without limitation through denial of service attacks), or harm the Site or Services or any user of the Site or Services through hacking, data mining, the use of viruses or other malware, or any other means; or (e) otherwise use or access the Site or Services, their contents, or any connected network, system, or database, in any way not authorized by these Terms of Use or in violation of any law. In addition, gathering email addresses from Company through harvesting or is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited, as is crawling, scraping, caching, or otherwise accessing any content on the Site or Services via automated means (except as may be the result of standard search engine protocols or technologies used with Company’s express written consent). You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other person’s use or enjoyment of the Site or Services.
- Proprietary Rights. The Site, Services, any content thereon, and the technology and infrastructure used to provide them, are proprietary to Company or its licensors and contain valuable intellectual property including patent rights, copyrights, trademarks, service marks, trade dress, or trade secrets. Neither these Terms of Use nor your use of the Site or Services convey or grant to you any rights in or related to the Site or Services except for the limited license granted in these Terms of Use, or to use or reference in any manner Company’s or its licensors’ names, logos, product and service names, trademarks or services marks. The materials, headers, videos, illustrations, photographs, graphics and content on the Site or Services, as well as the organization and layout of the Site and Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions and Company and its licensors own all right, title and interest in and to the foregoing. Subject to the limited rights expressly granted hereunder, Company or its licensors reserve all right, title and interest in and to the Site, Services, and their content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
- Confidentiality. In the course of using the Site or the Services, you may be exposed to information of a confidential or proprietary nature belonging to Company or its affiliates and licensors, including but not limited to information regarding the Site or Services or related technology, or information regarding Company’s business, financial, or marketing activities. You agree that you will not disclose any such information to any third party without Company’s express consent, and that you will not use such information except as expressly authorized by Company.
- Feedback. If you provide Company, in any form or medium, with any feedback, suggestions, improvements, enhancements, recommendations, or feature requests relating to the Site or Services (“Feedback”), then you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
- Privacy Policy; Data Usage. By using the Site or Services you agree to Company’s privacy policy (“Privacy Policy”) and consent to any personal information Company may obtain about you being collected, stored, or otherwise processed in accordance with the Privacy Policy and these Terms of Use. Without limiting any provisions in the Privacy Policy, you agree that Company may use the data you input into the Site and Services and share such data with Company’s processors, vendors, and Third Party Providers as necessary or useful to process transactions and provide the Site and Services.
- Data Security. Company has implemented reasonable technical and organizational measures designed to secure your personal data and payment information from accidental loss and from unauthorized access, use, alteration, or disclosure, and Company uses reasonable efforts to ensure that payments will be processed in compliance with the PCI-DSS data security standard and other applicable industry standards. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal data and payment information at your own risk.
- Copyright Infringement Notification Process. Company abides by the Federal Digital Millennium Copyright Act (the “DMCA”). If you believe that any content included on the Site or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Company of any such copyright or other intellectual property rights infringement. Your written notice should be sent to our designated copyright agent at the address and contact information set forth below. To file a copyright infringement notification, you will need to send a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Disclaimer of Warranties. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS LICENSORS MAKE NO WARRANTY THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE. COMPANY WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE USE OF THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE OR SERVICES.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS, OR OMISSIONS BY COMPANY, ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS. COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SITE OR SERVICES IS LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS (US$100.00).
- Indemnification. You agree to defend and hold harmless Company and its affiliates, and their employees, contractors, directors, managers, and representatives, from and against any claims, demands, liabilities, damages, losses, or costs (including reasonable attorneys’ fees), arising from or related in any way to (a) any information, materials, or data provided or submitted by you (including without limitation any claim that such information, materials, or data infringe or violate any third party’s proprietary rights); (b) your use of the Site or Services; (c) your violation of any applicable law, regulation, or rule in connection with the Site or Services; (d) any property damage or personal injury caused by you; (d) any representation or warranty made by you being false or misleading; or (e) your breach of these Terms of Use.
- Force Majeure. Company will not be held liable for any losses arising out of the delay or interruption of its performance due to any occurrences which are beyond its reasonable control, including but not limited to acts of God, pandemics, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, or network provider services, or other catastrophes.
- Governing Law. The Site and Services originate in the United States and are subject to its laws. Company makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site or Services. Those who choose to access the Site or Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. You may not access, download, use or export materials posted to the Site or Services in violation of the export laws or regulations applicable to your or Company’s jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Oakland County, Michigan, and each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any action or proceeding. EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS ADDENDUM OR ANY OF THE TRANSACTIONS SUBMITTED IN CONNECTION WITH THESE TERMS OF USE. ALL PARTIES TO ANY ACTION BROUGHT IN CONNECTION WITH THIS AGREEMENT MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER CLIENTS, OR PERSONS. NO COURT PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED PROCEEDINGS.
- General. These Terms of Use and the documents referenced or incorporated herein (including but not limited to the Privacy Policy) constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site or Services, and supersedes and merges all prior discussions between the parties. Upon termination of these Terms of Use for any reason, the provisions of these Terms of Use that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination. A waiver of any breach of any provision of these Terms of Use is not a waiver of any repetition of such breach and will not in any manner affect any other terms or conditions of these Terms of Use. Company does not waive any rights by the failure to enforce any provision of these Terms of Use in every instance in which it might apply. Your breach of these Terms of Use may result in immediate and irreparable harm to Company, for which there may be no adequate remedy at law, and, therefore, you agree that Company will be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and disclosure of information obtained through the Sites or Services, which is in addition to any other remedies available at law or in equity. The rights and remedies provided to Company under these Terms of Use are cumulative and in addition to any other rights and remedies available to it at law or in equity. In the event that any provision of these Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision. Company may assign its rights and delegate its duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without Company’s prior written consent. Subject to the foregoing, these Terms of Use will inure to the benefit of the parties and their respective permitted successors and assigns. This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties.
- Contact Information. This website is operated by:
Hamantashen, LLC
info@playhamantashen.com
All notices of copyright infringement claims may be sent to the copyright agent designated above in the manner described. All other feedback, comments, requests for technical support and other communications relating to the Site or Services may be directed to the Company at the contact information listed above.
Last Updated: June 20, 2025
