Terms of Use

Welcome to the BCake web site. BCake and its affiliated companies ( “BCake” or “we” ) provide the bcakeny.com web site (the “Web Site” ) and related services to you ( “User” ), subject to the following terms and conditions of use ( “Terms and Conditions” ). Please read the Terms and Conditions carefully before accessing or using the Web Site. By accessing or using the Web Site, you agree to be bound by the Terms and Conditions. If you do not agree with the terms and conditions, you may not access or otherwise use the web site.

Privacy

Please review our Privacy Policy, which governs the protection and use of any personal information you may provide to us. Our full privacy policy may be viewed below.

Copyright

All content on this Web Site, including all content, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (the “Content”) is the property of BCakeNY LLC or its third party content suppliers and licensors and is protected by United States and international copyright laws. All software used on this site is the property of Broker or its software suppliers and is protected by United States and international copyright laws. All Pictures on the Website are property of BcakeNY LLC.

Trademarks

The name Bcake & BcakeNY and its related logos, are registered trademarks of BCakeNY, LLC. They may not be used in conjunction with any product or
service which is not offered by BcakeNY, is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Limitation of Liability

BcakeNYʼs owners, employees, agents, vendors, and suppliers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Web Site.

Indemnification

You agree to indemnify, defend and hold harmless BCakeNY, its officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions.

Third Party Rights

These Terms and Conditions are for the sole benefit of BCakeNY, its officers, directors, employees, affiliates, and agents. No other person, including any user of the Web Site, shall have the right to assert a claim under these Terms and Conditions.

Modifications to Terms of Use and Content

BcakeNY reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this Web Site after Broker has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. In addition, Broker reserves the right to make improvements and/or changes in the Content of the Web Site at any time.

Violations of Terms and Conditions of Use

We reserve the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site. You agree that in the event the damages of a violation of these Terms and Conditions are difficult to determine, we shall be entitled to $20,000 as liquidated damages for each violation of these Terms and Conditions, in addition to the right to block your access to the Web Site and to seek injunction relief.

Linked Internet Sites

As a customer service, we may offer links to other sites. We do not assume any responsibility for those sites or their privacy policies and provides those links solely for convenience of visitors. If you link to any other sites, you must do so at your own risk and may rely only on their terms and conditions and privacy policies. The inclusion of any link does not imply a recommendation or endorsement.

Arbitration and General Provisions

Any claims relating to the Web Site must be brought in the state or federal courts of the State and County of New York and shall be governed by the laws of the State of New York.