Terms of Service
You may be referred to as Licensee. The terms ‘You’ or ‘Licensee’ includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms ‘Us,’ ‘We,’ or ‘Licensor’ includes and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this website or to purchase products or services from us.
We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
ALL CONTENT IS PROVIDED “AS IS” AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic.
You will not provide false or misleading information to us.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or out website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
This Agreement in all respects shall be governed by and construed according to the laws of the State of New York, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in New York Consolidated Municipality, New York, USA. You consent to the exclusive jurisdiction of New York Consolidated Municipality, NY for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in New York Consolidated Municipality, NY, USA.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Date of this Agreement: 03/25/2018
350° Bakery respects your privacy and wants you to know how we handle the information you provide us online.
We collect information to process and fulfill orders and, in turn, to furnish customers with information about their order. 350° Bakery will never release any personally identifiable information, such as your name, address, e-mail address, phone number or credit card information, nor will 350° Bakery sell or rent this information to any third party. To learn more about the information we collect, please continue to read.
We retain information provided by our customers such as transaction information and contact information. You may view the information we have on file for you by logging into your 350° Bakery account. In addition, changes to the information we have collected can be made via your account by clicking here to log-in.
Visitors who give us their telephone numbers online may receive outreach from one of our representatives regarding orders or requests placed with us. 350° Bakery will never release, sell or rent the telephone numbers provided.
If a visitor creates an account, or sends us an email correspondence, we retain their email address to communicate order information or other matters regarding transactions. We may also use email addresses to share information about 350° Bakery products and services that may be of interest to you. You may opt-out of receiving such emails by clicking the unsubscribe link at the bottom of our email, or by clicking here and sending an email to the editor with the subject: Unsubscribe.
We use industry-standard, SSL encryption technologies when transferring and receiving customer data exchanged with our site server.
350° Bakery does not target children as part of it’s marketing efforts. 350° Bakery is a retail site and is not intended for use by children. We highly recommend that any minor who wishes to use our site, do so with the consent and participation of a parent or guardian.
If you have any question about this privacy statement, the practices of our site, or orders with Bake Me A Wish, please click here to email us.