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TERMS OF SERVICE

SERVICE DESCRIPTION

At Kimone’s Cake Art Studio, we don't just offer cakes; we provide an experience. Our cakes aren't just desserts; they are the centerpiece of your event, meticulously tailored to your tastes, from flavor profiles to intricate decorations. Each dessert is a labor of love, and our commitment to perfection ensures that your special day is filled with sweet memories. Our dedication to artfully designing luxurious desserts means that every dessert is a unique masterpiece, created to tell your story, celebrate your milestones, and make your special occasion even more unforgettable.

 

ACCEPTANCE OF TERMS

This website is operated by Kimone’s Cake Art Studio. Throughout the site, the terms “we”, “us” and “our” refer to Kimone’s Cake Art Studio. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

All content, designs, and intellectual property provided by Kimone’s Cake Art Studio remain the property of Kimone’s Cake Art Studio. You may not reproduce, distribute, or use them for personal or commercial purposes without our permission.

 

PRIVACY & PERSONAL INFORMATION

 

We respect your privacy. Our Privacy Policy outlines how we collect, use, and protect your personal information. View our Privacy Policy here.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kimone’s Cake Art Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kimone’s Cake Art Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

 

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. Changes will be effective upon posting. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

If you have any questions or concerns about these Terms of Service, please contact us via phone at (754) 265-3483 or via email at hello@kimonescakeartstudio.com.

Privacy Policy
PRIVACY POLICY

Thank you for visiting Kimone’s Cake Art Studio and for considering our commitment to safeguarding your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your personal information. By accessing or using our website, you agree to the terms outlined in this policy.

INFORMATION WE COLLECT

  • Personal Information: We may collect your name, contact information, including email address and phone number, and other personal details when you make inquiries, place orders, or interact with our services.

  • Order Information: When you place an order with us, we may collect information related to your order, such as your preferences, delivery address, and payment details.

  • Website Usage: We may collect information about your interactions with our website, including your IP address, browser type, and browsing history.

HOW WE USE YOUR INFORMATION

At Kimone’s Cake Art Studio, we value your privacy and are committed to transparently explaining how we utilize the information we collect. The information we gather serves various essential purposes to enhance your experience and provide you with exceptional services.

1. To Fulfill Your Orders and Provide Customer Support:

  • Your provided information, such as delivery address, contact details, and order preferences, is crucial for fulfilling your orders promptly and accurately.

  • We use this data to ensure a seamless and personalized customer experience, from order placement to delivery or pickup.

 

2. To Communicate with You Regarding Your Orders, Inquiries, or Promotions:

  • Keeping you informed is a priority. We use your contact information to communicate order confirmations, delivery updates, and any necessary information related to your purchases.

  • Additionally, we may reach out to you about exclusive promotions, special offers, or upcoming events, ensuring you are aware of the latest from Kimone’s Cake Art Studio.

3. To Enhance and Personalize Your Experience on Our Website:

  • Understanding your preferences allows us to tailor your online experience. We may use your browsing history and order preferences to suggest personalized product recommendations and promotions.

  • By analyzing your interactions with our website, we aim to create a user-friendly environment that aligns with your preferences and provides a delightful shopping experience.

4. To Analyze and Improve Our Services and Website Functionality:

  • Your interactions with our website provide valuable insights. We analyze aggregated, anonymized data to understand trends, user behavior, and areas for improvement.

  • This data-driven approach enables us to continually refine our services, optimize website functionality, and introduce new features that cater to your evolving needs.

5. To Comply with Legal and Regulatory Requirements:

  • Kimone’s Cake Art Studio is committed to operating within legal and regulatory frameworks. We use your information as required to comply with applicable laws, regulations, and obligations.

  • This may include sharing necessary data with regulatory authorities or law enforcement agencies when legally mandated.

DATA SECURITY

At Kimone’s Cake Art Studio, we prioritize the security of your personal information. We employ comprehensive measures to protect your data from unauthorized access, disclosure, alteration, or destruction. Our security protocols encompass advanced encryption technologies, secure data transmission methods, and restricted access to ensure the confidentiality and integrity of your information. However, it's important to note that while we take every reasonable precaution to secure your data, no method of transmission over the internet or electronic storage is entirely immune to potential risks. By using our services, you acknowledge and accept this inherent limitation, understanding that we are dedicated to continually enhancing our security measures to safeguard your privacy.

THIRD-PARTY DISCLOSURES

Your trust is paramount to us. We want to assure you that Kimone’s Cake Art Studio does not engage in selling, trading, or transferring your personal information to external entities for any purpose unrelated to our services. In certain instances, we may share your information with trusted third parties who assist us in providing you with the best possible service. However, rest assured that these disclosures are strictly limited to what is necessary to fulfill specific tasks, such as order processing or delivery coordination. We carefully vet and select our third-party partners, ensuring they adhere to the same level of privacy and security standards that we uphold.

COOKIES

To enhance your user experience on our website, we may utilize cookies, which are small data files stored on your device. Cookies enable us to improve website functionality, customize your preferences, and collect data on website usage. You have the flexibility to manage your cookie preferences through your web browser settings, allowing you to accept, reject, or modify cookie permissions. While cookies enhance the efficiency and usability of our site, you have control over how they are utilized, ensuring your browsing experience aligns with your preferences.

THIRD-PARTY LINKS

Our website may feature links to third-party websites for your convenience. It's important to note that Kimone’s Cake Art Studio does not assume responsibility for the privacy practices or content on these external sites. We encourage you to review the privacy policies of these third-party websites independently, as they may have different policies and practices beyond our control.

ACCESS AND CORRECTION

We respect your right to access, update, or correct your personal information held by Kimone’s Cake Art Studio. If you wish to exercise this right or have any inquiries regarding your data, please feel free to contact us. We are committed to promptly addressing your requests and ensuring that your information is accurate and up-to-date.

CHANGES TO PRIVACY POLICY

To keep you informed about how your data is handled, we reserve the right to update or modify this Privacy Policy at any time. Changes will become effective upon posting on our website, and we encourage you to review this policy periodically. By continuing to use our services after any modifications, you signify your acceptance of the updated terms and practices. We are dedicated to transparency and will communicate any substantial changes directly to you.

At Kimone’s Cake Art Studio, we are committed to maintaining the highest standards of privacy and security, and these expanded sections elucidate our practices in ensuring your data is handled with utmost care and transparency.

 

CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy, please contact us via phone at (754) 265-3483 or email at hello@kimonescakeartstudio.com.

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