Terms of Use

Last Updated: March 25, 2021

 

Bentycakes, LLC (“Company”, “we”, “our”, or “us”), welcomes you to our websites, applications, content, products, and programs (our “Services”). These terms of use (the “Agreement”) govern your use and our provision of the Services. This Agreement includes our Privacy Policy and any additional terms agreed to by you on our Services, including the Terms of Sale of any transaction between you and us. If you have any questions, please contact us using the information below.  

 

  1. Consent, Withdrawal, and Amendment

 

Consent to this Agreement

 

This Agreement is a contract between you and Bentycakes, LLC, or any affiliated company or third party we may use to provide our Services to you. By using any of our Services or by clicking to accept or agree to the terms of use if this option is made available to you, you agree that this Agreement binds you. If you do not agree to any of its terms, including our Privacy Policy, you may not use our Services.

 

Withdrawing Consent

 

To withdraw your consent to this Agreement, you must stop using our Services and cancel any account you may have established with us according to Section 7 below.

 

Right to Amend

 

We may amend any portion of this Agreement at any time. We will provide notice to you of any change, and you agree that posting the revised Agreement on our website or application, with an updated date, constitutes proper notice. Your continued use of our Services constitutes your acceptance of the revised Agreement.

 

  1. Eligibility for the Services

 

The Services are for your personal, noncommercial use only. We may make changes to the Services as we see fit. By using the Services, you represent and warrant that:

 

  • you have the right to enter into this Agreement;
  • you will abide by this Agreement; and
  • you will abide by any and all applicable federal, state, and local laws.

 

If you are a minor, you must receive a parent or legal guardian’s permission to use these Services. If you are a parent or legal guardian who enables a minor to access the Services, you agree to stand in the shoes of the minor with respect to any applicable portion of this Agreement. For purposes of this Agreement, where the context requires, “you” means both any minor using the Services and the parent or legal guardian of the minor.

 

  1. Disclaimers and Limitation on Liability

 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE. WE DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THIS AGREEMENT.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE ARE NOT LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER RELATING TO OR AS A RESULT OF THE SERVICES OR ANYTHING OBTAINED THROUGH THE USE OF THE SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER IS LIMITED TO THE AMOUNT PAID BY YOU FOR OUR SERVICES, IF ANY. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

 

  1. Network Services

 

If you access the Services through a mobile network, your network’s messaging, data, and other rates and fees may apply. We are not responsible for those rates or fees. You acknowledge that our Services may not work correctly with your internet service provider, mobile service provider, or device.

 

  1. Your Content and Account

 

User Generated Content

 

We may allow you to communicate, submit, upload, or otherwise make available text, images, audio, video, or other content on the Services (“User Generated Content”) through message boards, chats, or other mediums. You will conduct yourself civilly and respectfully on the Services. While using the Services, you will not under any circumstances post any inappropriate User Generated Content or any User Generated Content that violates any law or the rights of any person. We reserve the right to determine, at our sole discretion, what constitutes civil and respectful conduct and inappropriate User Generated Content.

 

Examples of conduct that we consider uncivil and disrespectful include the following:

 

  • using abusive, threatening, offensive, or profane language;
  • impersonating any person or entity;
  • soliciting money from any members;
  • stalking or harassing any other person;
  • committing fraud or misrepresentation; and
  • disrupting the Services in any way.

 

Inappropriate User Generated Content may include, but is not limited to, User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, offensive, disruptive, exploitive, or careless, including content that:

 

  • promotes physical harm against any person or group;
  • promotes false or misleading information;
  • infringes on another’s intellectual property or proprietary information;
  • contains disruptive codes or devices, such as viruses and Trojan horses;
  • violates another person’s privacy or confidentiality;
  • exploits another person or group; and
  • publicizes commercial activities.

 

We may monitor, screen, post, remove, access, modify, store, and review User Generated Content at any time and for any reason without prior notice to you. If we discover any illegal or unauthorized uses of our Services, we may take legal action against the violator. We are not responsible for and do not endorse any User Generated Content.

 

The uploading or sharing of User Generated Content that we deem uncivil, disrespectful, inappropriate, or illegal may result in the immediate suspension or termination of your account.

 

Passwords and Security

 

You are responsible for maintaining the confidentiality of all of your usernames and passwords associated with the Services, and you are responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use or disclosure of your account or of any other breach of security with which you become aware. You will log out from your account at the end of each session. We may implement security measures that are designed to protect your information from unauthorized use, but in no way do we represent or warrant to you that your account, or any information on it, will remain confidential.

 

  1. Paid Transactions

 

Payments and Billing

 

We will explain to you the terms of any purchase on the purchase page of our Services. You agree to pay all charges incurred for any use of any Service by anyone using your account. When you provide us payment information, you covenant that (i) the information will be accurate, (ii) you are authorized to use the payment method provided, and (iii) you will notify us of changes to that payment information. We may utilize third-party updating services to obtain your current payment information to the extent allowed by the payment provider. You authorize us to continue to charge your card using the updated information.

 

If you have a subscription to our Services and a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may, in our sole discretion, suspend or terminate your subscription.

 

If you initiate a chargeback or otherwise reverse a payment made with your payment method, we may terminate your account immediately. If we successfully dispute the reversal and the reversed funds are returned, you are not entitled to a refund or to have your account reinstated.

 

Pricing and Taxes

 

We may revise the pricing for any Services we offer at any time. When you place any order, we have the right to charge you for any tax or other governmental charges that apply to the order (even if charged to you after your complete your order).

 

Subscription and Auto-Renewal

 

IF YOU SUBSCRIBE TO OUR SERVICES, YOUR SUBSCRIPTION INCLUDES ENROLLMENT INTO AN ONGOING/RECURRING PAYMENT PLAN.

 

Your subscription(s) will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled.

 

We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of our Services. Please check with your Internet provider for information on possible Internet data usage charges.

 

Free Trials

 

Your subscription(s) may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial to those who have not previously used one for our Services. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below.

 

You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register, and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

 

Promotional Period

 

Your subscription(s) may begin with a promotional period wherein the subscription price is temporarily reduced. Availability of a promotional period is not guaranteed and, if one is available, is only available on the specified terms of the promotional period to those who have not previously used our Services. Your first payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period until the promotional period expires, unless cancelled in accordance with the instructions for cancellation below. Upon expiration of the promotional period, if you do not cancel your subscription, your subscription will be renewed at the full price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for this amount at the time of renewal and at the start of every new billing period thereafter, unless cancelled in accordance with the instructions for cancellation below.

 

You can cancel your subscription at any time before the end of the promotional period. We provide notice of the terms of the promotional period at the time you register, and you will not receive a separate notice that the promotional period is about to end or has ended, or that your non-promotional subscription has begun.

 

 

  1. Right of Cancellation and Refund Policy

 

Cancellation

You may change or cancel your account at any time online by following the instruction on the “cancel account” or similar page under your “Account Settings” page. We may require a reasonable amount of time to process the action to cancel your account.

 

Refund Policy

All purchases are final and non-refundable. You will not receive a refund of any portion of payment for purchased Services.

 

If you have a subscription to our Services, cancellation of your account will take effect at the end of the current billing period or free trial. You will be able to access our Services until then. We do not refund or credit for partially used billing periods.

 

If you subscribed via a third party (e.g., the Apple App Store or Google Play), you must go through the third party to cancel your subscription or obtain any available refund.

 

  1. Your Interactions with Other Users

 

You are responsible for your interactions with other users through our Services. We are not responsible for the conduct of users of our Services. We do not conduct criminal background checks or screenings on our users. We may not review and edit User Generated Content. We are not responsible for any conduct of users of our Services.

 

  1. Proprietary Rights

 

As between us and you, you agree that we own all proprietary rights in our Services or have a license to use any content on our Services that we do not wholly own. You grant us an unlimited, worldwide, fully-paid, non-exclusive license to store, use and display any User Generated Content you provide in the Services.

 

  1. Claims of Copyright Infringement

 

You must send any notifications of claimed copyright infringement to copyright@bentycakes.com. We will respond to any claims in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or other applicable laws.

 

To be effective, the DMCA notification must include a written communication that details the following:

 

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of a copyrighted work that is allegedly infringed;
  2. a description of the copyrighted work;
  3. a description of where the infringing material is located in our Services sufficient to allow us to find the alleged infringing material (e.g., the URL where the alleged infringing material may be found);
  4. your name, address, telephone number, and email address;
  5. a written statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

We will terminate the accounts of repeat infringers.

 

  1. Indemnity

 

You agree to indemnify and hold us, our affiliates, and any respective employees and officers, harmless from any liability, loss, claims, or expenses, including attorney’s fees, that any other party makes against us arising out of or in connection with your breach of this Agreement. We may assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will fully cooperate with our efforts.

 

  1. Termination Right

 

We may immediately terminate this Agreement with respect to you (including your access to the Services) and cancel your account if you do not comply with any provision of this Agreement. We are not required to disclose the reason for terminating you.

 

If your account is terminated by you or us for any reason, this Agreement continues and remains enforceable between you and us, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy .

 

  1. Additional Provisions

 

Ads and Third-Party Content

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. We may also provide non-commercial links or references to third parties within its content. We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, we are not responsible for, and do not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such parties’ terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.

 

Severability, Survival, and Discrepancies

 

This Agreement contains the entire terms between you and us regarding our Services. If any provision of this Agreement is invalid for any reason, that provision is severed from this Agreement and will not affect any remaining provisions. The provisions of this Agreement which should survive the termination of this Agreement will survive termination. If this Agreement conflicts with more specific terms to which you agree while using our Services, the specific terms control.

 

Notices

 

Except as otherwise stated in this Agreement, we may provide any notices to you using any reasonable means available, including via the email address associated with your account.

 

Binding Arbitration and Class Action Waiver

 

All disputes between you and us or our affiliates, except disputes relating to enforcing intellectual property rights, will be arbitrated by the American Arbitration Association under the Consumer Arbitration Rules. “Dispute” includes any dispute, action, or other controversy between you and us concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. The arbitrator of the dispute has exclusive authority to resolve the dispute. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court. In any event, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

 

PROCEEDINGS TO RESOLVE A DISPUTE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Neither we nor you will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or small-claims proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

 

Governing Law

 

This Agreement is governed by the laws of the State of California, without regard to conflict of laws. If any dispute arises out of this Agreement, you consent to the exclusive jurisdiction of the federal and state courts sitting in Sacramento County, California, for the purposes of resolving the dispute, subject to the binding arbitration and class action waiver above.

 

Waiver

 

No waiver of any provision of this Agreement by us will be deemed a further or continuing waiver of that provision, and our failure to assert any right or provision under this Agreement will not constitute a waiver of that right or provision.

 

Contact Us

 

You may contact us, including for purposes of sending any notices required under this Agreement, at:

 

customerservice@bentycakes.com