Terms of Use

NYC Birthday Cakes TERMS OF USE

1. Once an order is confirmed, no refunds will be given. Refunds might be considered under some rare circumstances but there will be a mandatory 10% processing charge.

2. Ownership and Operation: This web site belongs to NYC Birthday Cakes, LLC. Our phone number is 800-933-7835. NYC Birthday Cakes may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.

3. Agreement to Be Bound: Your use of this web site constitutes your agreement with NYC Birthday Cakes to be bound by, and to act in accordance with, these Terms of Use.

4. Continuing Agreement: We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-­-current Terms of Use.

5. Use of Site Materials: NYC Birthday Cakes owns the copyright for all of the material on the web site or has a valid right from a third party to use material on the web site. NYC Birthday Cakes also owns or has a valid right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-­-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of NYC Birthday Cakes copyright and other proprietary rights. The use of any such material on any other web site or computer network without NYC Birthday Cakes written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by NYC Birthday Cakes, is strictly prohibited.

6. Downloaded Software: If you download software or other similar information from this website, the software and all files, images and data relating to the software will be licensed to you by NYC Birthday Cakes. You do not own the downloaded software, and NYC Birthday Cakes does not transfer ownership of the Software to you. NYC Birthday Cakes retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-­-perceivable form. Software that is downloaded from this web site is subject to United States export control laws. If you download software from this web site, you represent and warrant to NYC Birthday Cakes that you are not acting in violation of those laws.

7. Privacy: For information on how NYC Birthday Cakes uses and protects the personal information you may provide on this web site, see our Privacy Policy.

8. Submissions: All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to NYC Birthday Cakes through this web site will become and remain the exclusive property of NYC Birthday Cakes  including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge NYC Birthday Cakes  unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means NYC Birthday Cakes has no obligation to keep your submissions confidential.

9. Geographic Scope: of Site NYC Birthday Cakes controls and operates this web site from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those NYC Birthday Cakes products that are sold by NYC Birthday Cakes in the United States and its territories, and NYC Birthday Cakes  makes no representation that materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.

10. Links to Other Sites: For your convenience and enjoyment, this web site may provide links to other web sites on the World Wide Web that are not operated by NYC Birthday Cakes . These links do not mean that NYC Birthday Cakes endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is NYC Birthday Cakes liable for any damage that might result from your use of such information or products.

11. Contents of the Web Site – Disclaimer: The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law,NYC Birthday Cakes  disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-­-infringement. NYC Birthday Cakes does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. NYC Birthday Cakes undertakes no obligation to verify or maintain the currency of such information. Certain links in this web site may link you to other sites on the worldwide web. The linked sites may not be under the control of NYC Birthday Cakes and NYC Birthday Cakes is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NYC Birthday Cakes is not responsible for webcasting or any other form of transmission received from any linked site. NYC Birthday Cakes is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by NYC Birthday Cakes  to, or an endorsement by NYC Birthday Cakes of, the linked site or any products or services which may be offered there.

12. Operation of the Web Site – Disclaimer: NYC Birthday Cakes endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, NYC Birthday Cakes expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-­-infringement. NYC Birthday Cakes

makes no warranty that (i) the operation of the web site will meet the user’s requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not NYC Birthday Cakes) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

13. Limitation of Liability: Under no circumstances shall NYC Birthday Cakes be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. NYC Birthday Cakes shall not be liable even if NYC Birthday Cakes or a NYC Birthday Cakes authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

14. Limitations as to Paragraphs 10, 11, and 12: Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall NYC Birthday Cakes total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

15. Postings: NYC Birthday Cakes may from time to time monitor or review discussions, chats, postings, and other transmissions on this web site. However, NYC Birthday Cakes is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. NYC Birthday Cakes will fully cooperate with any law enforcement authorities or court order requesting or directing NYC Birthday Cakes to disclose the identity of anyone posting any such information or materials. NYC Birthday Cakes may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of NYC Birthday Cakes, its customers or the public.

16. Availability of Help: This web site may provide a Help file or other instructions for the use of this site. However, you understand that NYC Birthday Cakes is under no obligation to provide any support for the use of the web site.

17. Applicable Law; Jurisdiction: These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of New York or the United States District Court for the District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

18. Severability: If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

19. No Waiver: No failure on the part of NYC Birthday Cakes to enforce any part of these Terms of Use shall constitute a waiver of any of NYC Birthday Cakes rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by NYC Birthday Cakes nor the reliance of any person on NYC Birthday Cakes actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of NYC Birthday Cakes shall have any legal effect whatsoever.

20. No Legal Effect: The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.