artcakeMT

TERMS & CONDITIONS

Welcome to artcakeMT!

These terms and conditions outline the rules and regulations for the use of artcakeMT’s Website, located at artcakeMT.com.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website (the “Service”) or accessing any other products or services through the website operating at artcakeMT.com.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements: “You” and “Your” refers to you, the person using this website and compliant to the Company’s terms and conditions. “The Author” refers to the administrator individually. “The Company”, “We”, “Our” and “Us”, refers to artcakeMT and includes its subsidiaries and affiliates. “Party”, “Parties”, or “Us”, refers to both you and The Company. Any use of the above terminology or other words in the singular, plural, capitalization variations, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

License

Unless otherwise stated or negotiated, artcakeMT owns the intellectual property rights for all material on artcakemt.com website. All intellectual property rights are reserved. Your own personal use of and access to all information via artcakeMT is subjected to the restrictions set forth in these terms and conditions.

You must not:

Republish written material from artcakeMT without prior consent (contact

us for permissions)
Republish digital material from artcakeMT without expressly stated

source credit (anything beyond re-sharing with source credit to a

personal account must be pre-approved)
Sell, rent, or sub-license material from artcakeMT

Reproduce, duplicate, or copy material from artcakeMT
Redistribute content (purchased or otherwise) from artcakeMT

This Agreement begins with the establishment of this Service. (Effective August 2018)

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner

as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit

organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and

We will approve link requests from these organizations if we decide that: (a) the link would not reflect unfavorably on us or our affiliates; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of artcakeMT; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to artcakeMT@gmail.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please allow a wait time of 1-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes

sense within the context and format of content on the linking party’s site.

No use of artcakeMT’s primary logo, secondary logo, or other identifying artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

Our Service may contain links to third-party web sites or services that are not owned or controlled by either the author or this website.

artcakeMT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that may be raised against your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Your privacy is important to us. Please read our Privacy Policy.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent

misrepresentation;
limit any of our or your liabilities in any way that is not permitted under

applicable law; or
exclude any of our or your liabilities that may not be excluded under

applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We do not ensure that the information on this website is correct, we do not warrant material completeness or accuracy; nor do we promise to guarantee that the website remains continuously available or that the material on the website is kept up to date.

PURCHASING TERMS

Entire Agreement. By purchasing products and/or services from artcakeMT, either independently of or in conjunction with its subsidiaries and/or affiliates as may be applicable (still collectively referred to as “artcakeMT”), you agree to be bound by and accept the terms and conditions contained herein (this “Agreement”). If you have signed a formal written agreement between you and artcakeMT governing your purchases, that written agreement shall govern your purchases, including purchases resulting from communications via our secure website at artcakeMT.com (the “Ordering Site”), except as otherwise provided for in any such agreement. In the absence of such an agreement or in the event such agreement is silent as to a particular term or condition, the terms and conditions contained in this Agreement shall control and shall apply to all of your purchases, including, but not limited to, purchases via email communication or through our Ordering Site, and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this Agreement, or to enter an order for product(s) which is (are) subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and artcakeMT. You acknowledge and agree that we maintain the right to amend these terms and conditions in its sole discretion as we see fit from time to time.
Privacy. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, home or business mailing address, email, phone number, and so forth. Please read our Privacy Policy for more details on how this information is used.
Price. Prices are subject to change by artcakeMT without notice. Any additional costs incurred by artcakeMT (for custom orders or otherwise) in connection with or arising out of the manufacture, sale or distribution of product, including, but not limited to, increases in labor, delivery and materials cost before fulfillment of order and applicable overhead, may be invoiced to you and you agree to pay the same.
Pricing Errors. Pricing errors may occur on the Ordering Site from time to time, on items sold by artcakeMT or its Administrator(s) and/or Affiliate(s). artcakeMT attempts to correct all pricing errors promptly after discovery or after The Company receives notice of an error. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from us. Any payments you make to artcakeMT for orders that are cancelled due to pricing errors will be refunded.
Payment Terms. Payment is due in full 6 weeks prior to agreed upon delivery date, with a 20% save the date deposit due at the time of order placement. For deliveries that have less than 6 weeks of lead time, payment is due in full at the time of order placement. For orders placed less than two weeks in advance a potential surcharge for expedited service can be applied. All payments must be made in accordance with the payment terms on your invoice, via Venmo, PayPal, cash, or check. Failure or delay by artcakeMT to invoice you for any payment charge you have agreed to pay will not waive artcakeMT’s right to receive the same. In the event of default in payments on any invoices for services or product rendered, artcakeMT shall have the right to declare all invoices immediately due and payable. You agree to pay all out-of-pocket expenses, including attorneys’ fees and costs, incurred by artcakeMT to collect any amounts due from you or to otherwise enforce any of the terms stated herein. artcakeMT (including its affiliates, subsidiaries, parent or related entities, individually or collectively) may exercise a right of set-off against any and all amounts due to you. artcakeMT shall be deemed a single creditor for purposes of this section.
Delivery. Orders are not binding upon artcakeMT until accepted by The Company. artcakeMT and its affiliates reserve the right to refuse service to anyone. We will indicate our acceptance of an order by issuing an invoice or by delivering the ordered product to you. Title to products and risk of loss pass to you upon delivery of product to you by artcakeMT. You assume all risk of loss in transportation and all liability for loss or damages, whether direct, indirect, consequential or otherwise, due to delays once any physical products have been delivered to you or others who will be responsible for delivery.
Contingencies. artcakeMT shall be excused from its obligations hereunder in whole or in part to the extent its performance is delayed or prevented by work stoppages or disputes, fires, floods, war (declared or undeclared), riots, loss or destruction of product, non-availability or delays of transportation, embargoes, accidents, delay or failure of artcakeMT’s suppliers to make delivery of material, shortages of material or labor, restrictions, limitations, obligations, taxes, assessments, duty or fee imposed by any government or governmental authority, domestic or foreign, or any other cause beyond our control. In such circumstances artcakeMT’s obligations hereunder shall be suspended for so long as any such contingency continues, and you agree to extend, and are deemed to extend, for a corresponding period, any letters of credit or trade acceptance opened by you in respect to such delivery, provided, however, that if any delivery hereunder shall be so prevented for more than ninety (90) days, either artcakeMT or you shall have the right to cancel the contract, but only with respect to such delivery, by written notice to the other.
Cancellations & Refunds. Cancelled orders will be refunded minus the

deposit and any monies spent on supplies. If a cancellation is requested after work has been started, there will be no refunds. Generally, artcakeMT does not accept returns or process refunds for products produced and delivered as agreed upon as a result of changing circumstances, or damaged in transportation by you, the Consumer at this time. Refunds for services rendered (or services purchased but not rendered as a result of any exigent circumstances) will be determined at the discretion of the administrator(s) responsible for delivering those services.
Media. We reserve the right to use all photographs of artcakeMT product (professional, personal, or otherwise) for our own advertising purposes.

10. Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES OF ANY NATURE OR FOR LOST REVENUE, LOST PROFITS OR LOST BUSINESS ARISING OUT OF YOUR PURCHASES FROM ARTCAKEMT, THE USE OF PRODUCTS, OR ARTCAKEMT’S FAILURE TO DELIVER ORDERED PRODUCTS. IN NO EVENT SHALL ARTCAKEMT’S LIABILITY FOR ANY ORDER OR PRODUCT UNDER THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID BY YOU FOR SUCH ORDER OR PRODUCT. ARTCAKEMT’S SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR BREACH HEREUNDER WILL BE, AT ARTCAKEMT’S OPTION, TO REPAIR OR REPLACE THE PRODUCT.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

If you have any questions about these Terms, please send an email to artcakeMT@gmail.com.