TERMS & CONDITIONS / PRIVACY POLICY

TERMS & CONDITIONS

Updated 10/26/2022 at 01:53 PM

Agreement between user and www.misscakesart.com

Welcome to www.misscakesart.com. The www.misscakesart.com website (the "Site") is comprised of various web pages and social media operated by Emmy Kline aka Miss Cakes ("Emmy"). www.misscakesart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.misscakesart.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.misscakesart.com is an e-commerce site showcasing original artwork and products by Emmy.

PRIVACY
Your use of www.misscakesart.com is subject to Emmy's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS
Visiting www.misscakesart.com, sending emails to Emmy or posting to her social media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that she provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Emmy is not responsible for third party access to your account that results from theft or misappropriation of your account. Emmy and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Emmy does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use www.misscakesart.com only with permission of a parent or guardian.

CREDIT CARD INFORMATION
All credit card payments are processed through third party merchant providers. Emmy does not maintain customer credit card information.

SHIPPING
All items are shipped from Raleigh, NC. Prints are customarily packaged and shipped as follows:

All prints are handled with the utmost care.
Prints 8" x 10" and smaller are mailed in a sturdy flat mailer.
Prints 11" x 14" and larger are mailed in a thick tube.

Domestic shipments for the above size prints are shipped via USPS or FedEx and arrive within 1-2 weeks from time of shipping. International shipments are not available at this time.

Artwork larger than 50 inches is sent via using a freight service to expertly handle the painting and deliver it right to your location.

In-person pick up: due to the current pandemic. No in-person pick up is available at this time. Stay safe!!

ALL SALES FINAL / REFUND POLICY
All prices are listed in US dollars. Every order, commission, and sale is handled with extreme care. Please take the time to read descriptions carefully and the check colors on multiple screens if you are concerned about color variations.

All sales are final. Commission pieces cannot be canceled once begun and are subject to the terms of the commission agreement.

LINKS TO THIRD PARTY SITES / THIRD PARTY SERVICES
www.misscakesart.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Emmy and Emmy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Emmy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Emmy of the site or any association with its operators.

Certain services made available via www.misscakesart.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.misscakesart.com domain, you hereby acknowledge and consent that Emmy may share such information and data with any third party with whom Emmy has a contractual relationship to provide the requested product, service or functionality on behalf of www.misscakesart.com users and customers.

NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.misscakesart.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Emmy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Emmy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You are not authorized to reproduce images of Emmy's work without her express, written consent.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Emmy's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Emmy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Emmy does not grant you any licenses, express or implied, to the intellectual property of Emmy or her licensors except as expressly authorized by these Terms.

Please note that Emmy retains all rights to all artwork, even those of sold and commissioned original paintings. Emmy retains the right to make reproductions of any and all artwork created unless the collector has purchased the full rights to the artwork (this is in addition to simply purchasing the original). The collector or buyer may not reproduce the artwork in any way without written permission from Emmy.

The collector has the right to display the artwork in their home or business. Artwork may not be resold or reproduced for profit in any way without the Emmy's written permission.

Please let Emmy know if you are interested in purchasing full rights to your painting.

USE OF COMMUNICATION SERVICES
The Site may contain social media, comments sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Emmy has no obligation to monitor the Communication Services. However, Emmy reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Emmy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

POSTING REVIEWS, PHOTOS, AND CONTENT TO THIS SITE OR SOCIAL MEDIA
Emmy does not claim ownership of the materials you provide to www.misscakesart.com (including feedback and suggestions) or posts, uploads, inputs, or submissions to any of Emmy's Sites or her associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Emmy, her affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission on websites or social media outlets.

No compensation will be paid with respect to the use of your Submission, as provided herein. Emmy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Emmy's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You also agree to waive any and all claims against Emmy for use of the images and/or any content you have provided.

INTERNATIONAL USERS
The Service is controlled, operated and administered by Emmy from her offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Emmy's Content accessed through www.misscakesart.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Emmy, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Emmy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Emmy in asserting any available defenses.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMMY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

EMMY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMMY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMMY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMMY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION / ACCESS RESTRICTION
Emmy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Emmy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Emmy with respect to the Site. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS
Emmy reserves the right, in its sole discretion, to change the Terms under which www.misscakesart.com is offered. The most current version of the Terms will supersede all previous versions. Emmy encourages you to periodically review the Terms to stay informed of the updates.

CONTACT US
Emmy welcomes your questions or comments regarding the Terms.
Email Address: misscakesart@gmail.com

Updated 10/26/2022 at 01:53 PM

Emmy Kline, aka "Miss Cakes," understands and respects your concerns about privacy and is taking all reasonable steps to ensure that your personal information is handled in a safe and responsible manner. Because of her respect of your rights, she have developed this policy which discloses her privacy practices and describes the information she collects and what use she may make of that information. This policy may change from time to time as required by business needs or legal requirements. Please check it frequently.

When accessing this website, Emmy may learn certain information about you during your visit. How she will handle information acquired depends upon what you do when visiting this site.

If you visit this site to read or download information on the pages, Emmy collects and stores only the following information about you:

The name of the domain from which you access the Internet.
The date and time you access this site.
The Internet address of the website you used to link directly to this site.
Search terms.
Mobile device information such as browser or other device data.

If you make a purchase on this site, the following information will be captured by the third party merchant payment processor:

Name
Shipping address
Email
Credit card information

If you identify yourself by sending an e-mail containing personal information, then the information collected will be solely used to respond to your message.

Emmy may require you to input certain information to ensure the order is made by a human and not by a malicious virus or spam entity.

The information collected is for statistical and marketing purposes. Emmy may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of this site, what information is of most and of least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, Emmy uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Emmy will not obtain personally-identifying information about you when you visit the site, unless you choose to provide such information to her, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

Emmy may share your personally identifiable information if she believes in good faith that such disclosure is: a) authorized by law or necessary to comply with a legal process or to deliver the product or service you require; b) in response to legal claims; c) required to protect and defend the rights, property or legitimate interests of Emmy; d) necessary to protect personal safety, property or other rights of Emmy and its customers or employees; or e) an integral part of a sale of all or part of her business. Emmy reserves the right to change this Privacy Policy at any time. However, she will alert you that changes have been made by indicating at the top of the Privacy Policy the date it was last updated. If she ever makes a material change to how she uses the information you provide and the new uses are unrelated to uses disclosed in this Policy, she will communicate the changes by email to you and provide you the opportunity to change your marketing preferences to opt-out of such use.

All payments made on this website are processed through third party payment processors. Emmy does not retain or store any credit card or payment information.