Terms & Conditions

Please read the Terms of Service below carefully before using this Website. By using this website, you indicate your consent to these terms of use. If you do not agree to these Terms, please do not use the website.

Your access to and use of this website, is subject to the following terms and conditions and all applicable laws. By accessing the Website, you accept, without limitation, the Terms and acknowledge that any other agreements between you and the Website are superseded and of no force or effect:

You agree that the Website itself, as well as all content, products, and/or other materials, made available on the Website, as well as the look and feel of all of the previous, (referred to as the “Content”) are maintained for your personal use and information by Helen’s Cakes, LLC (the “Business”) and are the property of the Business and/or its third party providers.
You agree that such Business Content shall include all HTML/CSS, graphics, artwork, photos, and text as well as all other materials included in the Website, excluding only the information you provide. Subject to your compliance with these Terms, the Business hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Website solely for your personal purposes. No Business Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, unless written permission is expressly granted by the Business. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Business, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Website or any Content, including any and all tools, graphics, for public or commercial purposes without the express written permission of the Business.

All Content, such as text, data, graphics files, and other materials contained in the Website, are copyrighted unless otherwise noted and are the property of the Business and/or a supplier to the Business. No such materials may be used except as provided in these Terms of Use.

All trade names and images and biographical information of people used in the Business Content and contained in the Website, including without limitation the name and trademark “Helen’s Cakes”, are either the property of, or used with permission by, the Business. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Business as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Website shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Business or third party owner. The Business respects the copyright, trademark and all other intellectual property rights of others. The Business has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

While the Business uses reasonable efforts to include accurate and up-to-date information in the Website, the Business makes no warranties or representations as to its accuracy. The Business assumes no liability or responsibility for any errors or omissions in the content of the Website.

When you register with the Business and/or this Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Business. You consent to receive notices electronically by way of transmitting the notice to you by email.

THE BUSINESS SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Paypal payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE BUSINESS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE BUSINESS IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE BUSINESS ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE WEBSITE AND/OR THE CONTENT SHOULD THE BUSINESS DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE BUSINESS. THE BUSINESS RESERVES THE RIGHT TO REFUSE ACCESS TO THE WEBSITE AND/OR THE BUSINESS CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE BUSINESS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE BUSINESS IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.

You agree to indemnify and hold the Business and each of its directors and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to your breach of this Agreement, any violation by you of law or the rights of any third party, any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Website, your use of the Website and your conduct in connection with the Website or the services or with other users of the Website or the services. The Business reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section.

These Terms of Service may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Released: August, 25, 2020