Terms of Use

BAKED BY MELISSA TERMS OF USE

  • 1. Ownership and Operation: This web site belongs to Baked by Melissa, LLC., 104 West 14th St. 4th Floor New York, NY 10011, USA. Our phone number is 212-842-0220. Baked by Melissa may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.
  • 2. Agreement to Be Bound: Your use of this web site constitutes your agreement with Baked by Melissa to be bound by, and to act in accordance with, these Terms of Use.
  • 3. Baked by Melissa retains the right to restrict your use of or deny access to this website, and/or to terminate your account, if we have reason to believe you have violated any of these Terms of Use, including providing us with false information.
  • 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 website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use
  • 5. Use of Site Materials: Baked by Melissa owns the copyright for all of the material on the website or has a valid right from a third party to use material on the website. Baked by Melissa also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. No part of the website 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 Baked by Melissa copyright and other proprietary rights. The use of any such material on any other website or computer network without Baked by Melissa written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Baked by Melissa, is strictly prohibited.
  • 6. Downloaded Software: If you download any software or other similar information from this website “(Software”), the Software and all files, images and data relating to the Software will be licensed to you by Baked by Melissa. You do not own the Software, and Baked by Melissa does not transfer ownership of the Software to you. Baked by Melissa retains full ownership of and title to the 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 website is subject to United States export control laws. If you download software from this website, you represent and warrant to Baked by Melissa that you are not acting in violation of those laws.
  • 7. Privacy: For information on how Baked by Melissa uses and protects the personal information you may provide on this website, see our Privacy Policy.
  • 8. Submissions: All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Baked by Melissa through this website will become and remain the exclusive property of Baked by Melissa, 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 Baked by Melissa 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 Baked by Melissa has no obligation to keep your submissions confidential.
  • 9. Geographic Scope: of Site Baked by Melissa controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those Baked by Melissa products that are sold by Baked by Melissa in the United States and its territories, and Baked by Melissa makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
  • 10. Links to Other Sites: For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by Baked by Melissa. These links do not mean that Baked by Melissa endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Baked by Melissa liable for any damage that might result from your use of such information or products.
  • 11. Contents of the Website – Disclaimer: The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Baked by Melissa 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. Baked by Melissa does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website 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. Baked by Melissa undertakes no obligation to verify or maintain the currency of such information. Certain links in this website may link you to other sites on the worldwide web. The linked sites may not be under the control of Baked by Melissa and Baked by Melissa 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. Baked by Melissa is not responsible for webcasting or any other form of transmission received from any linked site. Baked by Melissa is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Baked by Melissa to, or an endorsement by Baked by Melissa of, the linked site or any products or services which may be offered there.
  • 12. Operation of the Website – Disclaimer: Baked by Melissa endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, Baked by Melissa 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. Baked by Melissa makes no warranty that (i) the operation of the website will meet the user’s requirements; (ii) access to the website 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 website will be accurate or reliable; or (iv) defects will be corrected. You (and not Baked by Melissa) 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 website.
  • 13. Limitation of Liability: Under no circumstances shall Baked by Melissa 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 website 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 website. Baked by Melissa shall not be liable even if Baked by Melissa or a Baked by Melissa 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 Baked by Melissa 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: Baked by Melissa may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, Baked by Melissa 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 website. 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. Baked by Melissa will fully cooperate with any law enforcement authorities or court order requesting or directing Baked by Melissa to disclose the identity of anyone posting any such information or materials. Baked by Melissa 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 Baked by Melissa, its customers or the public.
  • 16. Availability of Help: This website may provide a Help file or other instructions for the use of this site. However, you understand that Baked by Melissa is under no obligation to provide any support for the use of the website.
  • 17. Applicable Law; Jurisdiction: By visiting this site you agree that 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) between you and Baked by Melissa will be governed by the laws of the State of New York, without regard 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, as well as any claims or defense of inconvenient forum or lack of personal jurisdiction.
  • 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 Baked by Melissa to enforce any part of these Terms of Use shall constitute a waiver of any of Baked by Melissa 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 Baked by Melissa nor the reliance of any person on Baked by Melissa 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 Baked by Melissa shall have any legal effect whatsoever.
  • 20. Indemnification & Limitations of Liability. You agree to indemnify and hold harmless Baked by Melissa and its respective officers, directors, employees and suppliers, from any claim, demand, action or damage, including reasonable attorneys’ fees, made or incurred by any third party arising out of or related to your use of this website. To the maximum extent permitted by law, none of Baked by Melissa and its respective officers, directors, employees and suppliers shall be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use this site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Baked by Melissa’s records, programs or services. In no event shall the aggregate liability of Baked by Melissa, whether in contract, warranty, or tort (including negligence), product liability, strict liability or other theory, arising out of or relating to the use of this site exceed the purchase price you pay for any goods ordered from the site. You agree to bring any and all actions pertaining to use of this site within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
  • 21. Security. This website takes precautions to protect our users’ information. When users submit sensitive information via the website, their information is protected both online and off-line. When our log in/order form asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with encryption software. While on a secure page, such as our order form, the lock icon on the bottom of web browsers becomes locked (as opposed to un-locked, or open, when you are just ‘surfing’). While we use encryption to protect sensitive information online, we also take measures to protect user information off-line. Because our website is an extension of Baked by Melissa, the store and online inventory and customer databases are linked. However, we do not store credit card numbers from online transactions and, at log in, users are offered the option of not having their billing or shipping address details stored in our customer database. If such an option is exercised, those details will remain only on the customer order form, which is necessary to track customer orders. Access to the customer database is limited to those employees with a need to perform specific functions (such as shipping, order transaction, customer service, billing) and each access is password protected. All email communication regarding sales orders will refer to credit card numbers only by their final four digits.
  • 22. No Legal Effect: The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.