Cake Heights, Inc.
Terms and conditions for Website
In using this Site (as defined below) you represent that you have (and you are deemed to have) read, understood and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (the "Terms"): "Customer", "You" and "Your" refers to you, the person accessing this Site (as defined below) and accepting Cake Heights, Inc.'s terms and conditions. "Cake Heights", "Ourselves", "Our", "We" and "Us", refers to Cake Heights, Inc. The "Site" refers to Cakeheights.com. "Party", or "Parties" refers to each or both of the Customer and ourselves, individually or collectively. "Terms" refers to these terms, conditions and notices, as may be amended from time to time in accordance herewith. Any use of the above terminology or other words in the singular, plural. and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Notification of Changes
Cake Heights reserves the right to amend or otherwise change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any amendment or other change to the Terms.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable limited license to access and view the Site strictly in accordance with the Terms. As a condition of your access and viewing of the Site, you warrant to Cake Heights that you will not use the Site for any purpose the is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other person's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not internationally made available or provided for through the Site.
All content included as part of the Site or in connection with any services provided by Cake heights, including, without limitation, any text, graphics, logos, images, statements, or pricing, as well as the compilation thereof and any software used on or in connection with the Site (collectively, "Content"), is the sole and exclusive property of Cake Heights or its suppliers or licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. The unauthorized use, copying, distribution, redistribution, publication or republication of any part of this site or any Content is strictly prohibited, including such by framing or other similar or any other means, without the prior express written consent of Cake Heights (in its sole discretion). In the event Cake Heights (in its sole discretion) consents to any such use, You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any Content and will not make any changes thereto.
Without limiting the foregoing, You agree not to and will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of, use or in any way exploit any of the Content, in whole or in part. You understand and agree that Cake Heights's Content is not for resale. Your use of the Site does not entitle you to make any authorized use of any Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You agree that you do not acquire any license, ownership or other rights in or to any Content and that all rights, title and interest therein and thereto are expressly reserved by Cake Heights. We do not grant you any licenses, express or implied, to the intellectual property of Cake Heights or our licensors except as expressly authorized by the Terms.
Cake Heights accepts VISA, MasterCard, American Express, Discover, Pay Pal Cash, using Pay Pal online services, money order and cash are all acceptable methods of payment. All goods remain the property of Cake Heights until paid for in full. Cake Heights collects and remits sales tax as required by U.S. law.
Links to third party sites/Third party services
Cakeheights.com may contain links to other websites ( "Linked Sites"). the Linked Sites are not under the control of Cake Heights and Cake Heights is not responsible for the contents of any Linked Site, including, without limitation, any content, opinions, statements, or links contained in a Linked Site, or any changes or updates to a Linked Site. Cake heights is providing these links to you only as a convenience, and the inclusion of any link does not imply an endorsement by or other affiliation with Cake Heights of the site or any association with its operators.
Unless otherwise stated, the products featured on this Site are only available within the United States, or in relation to postings from the United states. All advertising is intended solely for the United States market. Cake heights does not warrant that access to this Site will be uninterrupted, timely or error free, although it is provided to the best ability. By accessing this Site, you hereby agree to indemnify and hold harmless Cake Heights, its owners, officers, directors, employees, agents, advisors, and affiliates against any loss or damage, in whatever manner, howsoever caused.
We may be contacted via the Contact link on the Site, via Cake Heights literature or via the Cake Heights stated telephone or email address. Visiting Cakeheights.com or sending emails or other electronic messages to Cake Heights constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Failure of Cake heights to enforce any of the provisions set out in the Terms and any other agreement between you and Cake Heights, or failure to exercise any option to terminate, shall not be construed as wavier of such provisions and shall not affect the validity of the Terms or of any agreement between you and Cake heights or any part thereof, or the right thereafter to enforce each and every provision. The Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Cake Heights.
Except as otherwise described, all materials in the Site are made only to provide information to and for the convenience of our guests. The Terms shall be governed by the laws of the State of New York (without regard to the conflicts of laws principles thereof) and for all purposes shall be construed in accordance with the laws of such State. Each Party hereto hereby submits to the exclusive jurisdiction of any state or federal court located in New York, New York ( or any appellate court therefrom) in connection with any suit, action or proceeding arising out of or relating to the Terms.
Each of the Parties hereby irrevocably and unconditionally waives any objection to the laying of venue of any suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding has been brought in an inconvenient forum, and agrees that any final non-appealable judgment in any such suit, action or proceeding brought in any such court shall be conclusive and may be enforced in other jurisdictions by suit upon the judgment or in any other manner provided by the law. In the event that any provision of the Terms or the application hereof to any person, entity, property or circumstances shall be held to any extent to be invalid, illegal or unenforceable, the remainder of the Terms, and the application of such provision to persons, entities, properties or circumstances other than those as to which it has been held invalid, illegal or unenforceable, shall not be affected thereby, and each provision of the Terms shall be valid, legal and enforceable to the fullest extent permitted by law.
Exclusions and Limitations
The information on this web site is provided on an "as is", "where is" basis. To the fullest extent permitted by law, Cake heights hereby expressly:
(a) Excludes and disclaims all representations and warranties relating to this Site, the Content, and any other content which is or may be provided by any of Cake Heights's affiliates or any other third party, including in relation to any inaccuracies or omissions in this Site and/or our literature; and
(b) Excludes and disclaims all liability for damages arising out of or in connection with your accessing and use of this Site. This includes, without limitation, direct loss, loss of business or profits (whether or not loss of such profits was foreseeable, arose in the normal course of things or you have advised Cake Heights of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Cake Heights does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
PLEASE READ THE TERMS CAREFULLY; THIS IS A BINDING CONTRACT APPLICABLE EVERY TIME YOU USE THIS SITE.
You represent and warrant to Cake Heights that you have the full right, power and authority to enter into these Terms. These Terms constitute a binding agreement by and between the Customer and Cake Heights. Your accessing of this Site indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein.