AGREEMENT
By utilizing this website PoeticPastries.com (i.e. Poetic Pastries Studio) you agree to be under the auspices of the following terms and conditions; we encourage users to read this page and become familiar with the management of this online site. Should questions arise, please CONTACT the site web-manager. Updates when implemented, will be shown on this page; Legal Use
ACCESSIBILITY
The majority of Poetic Pastries Studio online is functional without registration – certain particular arenas and activities will only accessible with a certain level of enrollment (for security purposes; i.e. such as Shopping) When you visit PoeticPastries.com you will have a choice to register – through registering certain benefits, such as an expedited check-out process via ‘merchant” platform and access to your online order history, will be available. Understand and acknowledge that specific features of PoticPastries.com or benefits offered by the Studio may only be available to registered users. As a user of this site, know that responsibility for your account, password and confidentiality relies on your participation i.e. restricting access to your computer, keeping your information secure, your passwords strong, reporting immediately all/any suspicious activity and bestows responsibility for all activities that occur under your account name.
ADDITION 1/2021 – We make no inferred or implied warranties of any kind that access to PoeticPastries.com will be error free, uninterrupted, or free of controversial art, writing, comments or other content which may be deemed disruptive, harmful – nor that any content you upload through the “internet” will be at all times entirely secure or otherwise damaged or lost – or any inferred/implied warranties that specific content; written or visual will meet your satisfaction SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WEBSITE USE
Permission is granted by PoeticPastries.com for access to free materials – they may be printed and downloaded, without notification. However the following guidelines must be followed;
- no modification of any art or written content created by Poetic Pastries Studio shall take place;
- no art and written content created by Poetic Pastries Studio shall not be redistributed / republished / resold – either by electronic or printed means.
*The only caveat to these stipulations are if specific permission of either
1) license agreement or
2) courtesy agreement
granted in writing by Poetic Pastries Studio.
Trademarked, copyrighted material and all other intellectual property rights (be they written or visual) are protected through governing, authorities bodies of the United States government.
BEHAVIOR
PoeticPastries.com will not tolerate any file manipulation, virus infusions, stolen identity, illegal purchases, nefarious intrusions, foul language, cancel culture, discrimination, obscenity, pornography, stalking, hatred, DOXING, or negativity to faith (not limited to the above ) by/from any user – be they registered or not. By utilizing PoeticPastries.com be advised that should you engage in such activities; all means and methods will be utilized to report and support prosecution to the fullest extent of the law. IP addresses will be blacklisted and that IP shared with ICAAN, ISP, Google, Bing, DuckDuckGo, Microsoft.
3rd PARTY CONNECTIONS
These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the PoeticPastries.com of any of the products, services or opinions of the corporation or organization or individual. PoeticPastries.com bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
Posting of a link, advertisement, or widget pertaining to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the website. Accordingly, we are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We therefore encourage you to be aware of this when you leave PoeticPastries.com and to read the privacy policies, associated terms and conditions for each website you choose to visit.
LINKS
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed by us, in writing
- you do not misrepresent your relationship with PoeticPastries.com or present any false or defamatory information about PoeticPastries.com
- you do not link from a website that is not owned by you; and/or
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States.
If you choose to link to PoeticPastries.com in breach of this agreement you shall fully indemnify the PoeticPastries.com and all associated parties of ownership for any loss or damage suffered as a result of your actions.
DISCLAIMER
We take all reasonable steps to ensure that the information offered here is correct; however, we do not guarantee the uninterrupted correctness or completeness of material on PoeticPastries.com. By agreeing to use this site, you recognize that our online presence is being offered “AS IS” – we hold no responsibility on your reliance on the site content, tips, diy methodologies, no guarantees, warranties inferred or implied are applicable unless specifically stated. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
EXCLUSION OF LIABILITY
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
Addition 1/2021 – TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POETIC PASTRIES ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POETIC PASTRIES MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United States.
RESTRICTIONS and GUARANTEES
When purchasing Poetic Pastries tangible products check out the Love It Guarantee! We promise 100% satisfaction. Don’t love it? We’ll take it back! We want you and your loved ones to love your (purchase) creation. If you are not satisfied for any reason with any qualified* product you purchase (regardless of selected customization), you may return your purchase for a replacement, credit or refund within 30 days of receipt. *Some products are subject to special return restrictions. See website for more details.
SECURITY
Your information is safe using SSL secured servers; tested daily to ensure your data will arrive privately and unaltered. Read More > https://www.zazzle.com/return
DIGITAL DOWNLOADS
See our Help page for assistance in process.
All Prints available through the site are owned/controlled/licensed/contracted by Poetic Pastries protected by intellectual property rights.
Any use of downloads, printables purchased from the onsite gallery are subject to Terms and Conditions of Sale. Upon cleared payment of the price for any of the pre mentioned art designs, the Studio grants a non-exclusive, non-transferable license to use the digi-dowloads prints consistent with these terms.
Agree that digi-downloads only to be used for a private, non-commercial use only. No copies. redistribution. transmission, reassignment, sales, broadcasting, renting, sharing, lending, modifying, adapting, editing, sublicensing or formal or informal transfer any digi-downloads to anyone else – wherein such activity deemed. Terms of purchase grants to you only rights expressly set out herein. Terms of purchase do not grant any rights in relation to the commercial reapplication of any Poetic Pastries Studio work.
Entitlement of injunctive relief shall be sought, in addition to all other remedies available, to enforce the Terms of Sale and to prevent unauthorized use of any/all art, digi-downloads, prints. Express written consent for any art, digi-download, print that is FREE to use in commercial venues wherein profit is obtained will need to be in licensure form. At the Studio’s discretion we may offer Commercial Free Use. If so that art/digi-download/printable will be denoted as such.
CURRENT PRODUCTS
canvas prints, stationery, greeting cards, photo cards, post cards, save the date, wedding invitations, gift wrapping, gift tags, planners, labels, stickers, home decor, wall art, posters, mugs, t-shirts, tote bags, fabric textiles, wallcoverings, linens, dishware, ceramics, automobile wraps. The Poetic Pastries Product List is Subject to Change.
