LICENSE TO BLACKCAKECLOTHING.COM
Black Cake Clothing grants you a non-exclusive, non-transferable, limited right to access, use and display of blackcakeclothing.com, and the materials thereon for your personal use only, provided that you comply fully with these Terms. You will not interfere or attempt to interfere with the operation of blackcakeclothing.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs or any other means expressly prohibited by any provision of these Terms.
You understand and agree that you may not reproduce, copy, resell, manipulate or exploit any part of blackcakeclothing.com for any commercial purpose, nor may you frame or mirror any part of blackcakeclothing.com without Black Cake’s prior written authorization. Further, you may not create derivative works from, republish, upload, edit, post, transmit or distribute in any way whatsoever any materials from blackcakeclothing.com without the prior written permission of Black Cake.
Black Cake reserves the right, at its sole discretion, to change, modify, add or remove any portion of blackcakeclothing.com or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of blackcakeclothing.com after any changes to these Terms are posted will be considered acceptance of those changes.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
The Black Cake and Black Cake Clothing logos and blackcakeclothing.com and associated designs, text, graphics and code are the intellectual property of Honey Rose, Inc., its sole owner, and affiliates. Other trademarks, service marks, logos, images or domain names used on blackcakeclothing.com are the trademarks, service marks, logos and/or domain names of their respective owners (“Third Party Marks”). You agree that you will not challenge the respective ownership rights of Honey Rose, Inc. or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo and/or domain name that is identical or confusingly similar to any of Black Cake’s Marks or Third Party Marks. Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649 and 6,029,142.
Black Cake Clothing is not necessarily affiliated with sites which may be linked to or from blackcakeclothing.com or the multimedia piece (the “Linked Sites”) and is not responsible for their content. Links from blackcakeclothing.com to the Linked Sites are for your convenience only and you access them at your own risk.
NON-UNITED STATES RESIDENTS
Black Cake Clothing makes no representation that blackcakeclothing.com, including merchandise offered for sale and their copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access blackcakeclothing.com from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
BLACKCAKECLOTHING.COM, AND THE SOFTWARE IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACK CAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACK CAKE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. BLACK CAKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT BLACK CAKE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLACK CAKE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SOFTWARE, EVEN IF BLACK CAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BLACK CAKE’S TOTAL LIABILITY TO YOU FOR ALL 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 BLACKCAKECLOTHING.COM.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site.
From time to time there may be information on blackcakeclothing.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your blackcakeclothing.com purchase, please see our Returns policy.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
MEMBER SIGN IN
If you decide to become a blackcakeclothing.com member, you agree to (1) provide accurate, current and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete and (3) comply with these Terms. You may review, correct, change or update your membership information by visiting the My Account section of blackcakeclothing.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership. As part of the membership sign-in process, you will be asked to select a member name and password. You may not choose a member name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion. We reserve the right to reject any member name in our sole discretion. You agree not to transfer or resell your use of or access to blackcakeclothing.com or permit anyone else whose account or membership was suspended or terminated to use blackcakeclothing.com through your account, member name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information and immediately notify us by emailing. You are solely responsible for maintaining the confidentiality of your member name and password for any and all activities (including purchases) that are conducted through your account.
DIGITAL MILLENNIUM COPYRIGHT ACT
In accordance with the Digital Millennium Copyright Act, you may report to our Contact Us page if you believe your work has been used by Black Cake in a way that constitutes copyright infringement.
blackcakeclothing.com is controlled by Black Cake from its offices within the State of Delaware, United States of America. Black Cake makes no representation that materials on blackcakeclothing.com are appropriate or available for use in other locations.
You understand and agree that Black Cake may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Black Cake may take any one or more of these actions without prior notice to you. You understand and agree that Black Cake shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account.