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Legal Mumbo Jumbo
Terms
& Conditions
Welcome to the RadCakes web site. RadCakes
provides this web site as a service to our
customers. Please review the following basic rules
that govern your use of our RadCakes web site (the
"Agreement"). Please note that your use of our
RadCakes web site constitutes your agreement to
follow and be bound by these terms. If you do not
agree to these terms, please do not use the RadCakes
web site. Although you may "bookmark" a particular
portion of the RadCakes web site, thereby bypassing
this Agreement, your use of the RadCakes web site
still binds you to the terms. You should visit this
page periodically to review the terms of your use
since RadCakes may revise this Agreement at any
time.
The
RadCakes Contents
Occasionally there may be information on the
RadCakes website that contains typographical errors,
inaccuracies, or omissions that may relate to
product descriptions, pricing, and availability. We
reserve the right to correct any errors,
inaccuracies, or omissions and to change or update
information at any time without prior notice
(including after you have submitted your order). We
sincerely apologize for any inconvenience this may
cause you. This will most likely never happen, but
we have to include this information anyway.
Unless
otherwise noted, all materials, including t-shirts,
jewelry, images, illustrations, designs, graphics,
icons, photographs, and written and other materials
that are part of the RadCakes web site
(collectively, the "Contents") are copyrights,
trademarks, trade dress, and/or other intellectual
property owned, controlled, or licensed by RadCakes.
The RadCakes web site as a whole is protected by
copyright and trade dress, all worldwide rights,
titles, and interests in and to which are owned by
RadCakes. RadCakes and our other trademarks
appearing at the RadCakes web site are the
trademarks of RadCakes.
The
RadCakes web site and all its Contents are intended
solely for personal, non-commercial use. You may
download or copy the Contents and other downloadable
materials displayed on the RadCakes web site for
your personal use only. No right, title, or interest
in any downloaded materials or software is
transferred to you as a result of any such
downloading or copying. You may not reproduce
(except as noted above), publish, transmit,
distribute, display, modify, create derivative works
from, sell or participate in any sale of, or exploit
in any way, in whole, or in part any of the
Contents, the RadCakes web site, or related
software.
Shipping Information
|
Order Total |
Shipping Cost |
|
$0.01-$49.99 |
$5.75 |
|
$50.00-$74.99 |
$8.50 |
|
$75.00-$149.99 |
$10.50 |
|
$150.00-$249.99 |
$14.00 |
|
$250.00 |
$18.00 |
Returns & Exchanges
RadCakes does
not accept exchanges. Any items purchased from the
"Goodies" section, with the exception of Jewelry,
may not be returned. If you ordered the wrong size,
simply return the item(s) for a refund, and place a
new order from our web site. Customers are
responsible for return shipping costs. Upon
receiving your return, a refund will be applied to
your credit card account within 1 to 2 billing
cycles. Shipping costs are non-refundable.
Items being returned
must be postmarked within 14 days of the original
purchase date in the same condition they were sent
with the original tags attached. Please include the
following information with the items being returned:
1) Contact name, phone number, and email, and 2)
Full name that was on the credit card used to make
the original purchase.
Send all returns to:
RadCakes Returns, 105 Chicago BLVD, Sea Girt, NJ
08750
User
Comments, Feedback, and Materials
While RadCakes is pleased to hear from
customers, it is RadCakes’ company policy not to
accept or consider unsolicited creative ideas,
suggestions, materials, or business proposals from
persons or entities outside our company. If at our
request you send certain specific submissions (for
example, a photograph, graphic, etc.), or if despite
our request that you not send us unsolicited
creative materials, you send us other suggestions,
comments, feedback, ideas, opinions, concepts,
graphics, text, drawings, or other materials (all of
the foregoing, collectively, the "Materials"), all
such Materials, submitted or offered to RadCakes on
or by the RadCakes web site or otherwise disclosed,
submitted, or offered in connection with your use of
the RadCakes web site shall be and remain RadCakes’
property. Such disclosure, submission, or offer of
any Materials shall constitute an assignment to
RadCakes of all worldwide rights, titles, and
interests in all copyrights and other intellectual
properties in the Materials. Thus, RadCakes will own
exclusively all such rights, titles, and interests
and shall not be limited in any way in its use,
commercial or otherwise, of any Materials. RadCakes
is and shall be under no obligation (1) to maintain
any Materials in confidence; (2) to pay to the user
any compensation for any Materials; or (3) to
respond to any user Materials.
You agree that no Materials submitted by you to the
RadCakes web site will violate any right of any
third party, including copyright, trademark, privacy
or other personal or proprietary right(s). You
further agree that no Comments submitted by you to
the RadCakes web site will be or contain libelous or
otherwise unlawful, abusive, or obscene material.
You are and shall remain solely responsible for the
content of any Materials you submit.
The RadCakes Photo
Section
RadCakes has the right to decide whether or not a
submitted photo will be put into the Photo Section.
RadCakes does not
promote illegal activities and we will not accept
any photos that portray illegal activities or law
breaking.
No photos containing
nudity will be accepted.
Anyone who is in a photo
that is sent to RadCakes has agreed to have their
picture taken and to be possibly featured on
RadCakes.com.
When sending photos to
RadCakes for the Photo Section, you agree not to use
the service to upload or make available any content
other than those of a personal nature that: (i) are
of you and your friends, (ii) are taken by you or
your friends, or (iii) are original art or animation
created by you or your friends.
If you would like a
picture removed from the Photo Section, contact us
and we will be happy to take it down.
With the exception of
uploading photos to the Photo Section, RadCakes will
not distribute your photo or use it for any other
purposes.
By submitting a photo to
RadCakes, it becomes our property.
General Product Information
The prices displayed on the RadCakes web site
are quoted in U.S. dollars and are valid and
effective only in the U.S.
Colors
We have made every effort to display as
accurately as possible the colors of our products
that appear on our RadCakes web site. However, as
the actual colors you see will depend on your
monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
External Links
The RadCakes web site may contain links to other
web sites that are not under the control of RadCakes.
RadCakes has no responsibility for the linked web
sites, nor does it necessarily endorse the linked
web sites. RadCakes provides the links solely for
the convenience and information of our RadCakes web
site users.
Disclaimer
RadCakes PROVIDES THE MATERIALS ON the RadCakes
WEB SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. RadCakes EXPRESSLY DISCLAIMS ANY DUTY TO
UPDATE OR REVISE THE MATERIALS ON the RadCakes WEB
SITE, ALTHOUGH RadCakes MAY MODIFY THE MATERIALS AT
ANY TIME WITHOUT NOTICE. BY YOUR USE OF the RadCakes
WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR
SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF the RadCakes WEB SITE.
YOU FURTHER ACKNOWLEDGE THAT RadCakes SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR
USE OF the RadCakes WEB SITE.
Indemnification
You agree to defend, indemnify, and hold
RadCakes harmless from and against any and all
claims, damages, costs, and expenses, including
attorneys' fees, arising from or related to your use
of the RadCakes web site, your breach of these Terms
of Use, and/or any of the foregoing agreements,
representations, and warranties.
Miscellaneous
Unless otherwise specified, the RadCakes web
site and the Contents thereof are displayed solely
for the purpose of promoting RadCakes products and
services available in the United States. The
RadCakes web site is controlled and operated by
RadCakes from its offices in Sea Girt, New Jersey.
This
Agreement shall be construed in accordance with the
laws of the State of New Jersey, without regard to
any conflict of law provisions. Any dispute arising
under this Agreement shall be resolved exclusively
by the state and/or federal courts of the State of
New Jersey. The waiver of any provision of these
Terms of Use shall not be considered a waiver of any
other provision or of RadCakes’ right to later
require strict observance of each of the terms
herein. If any provision of these Terms of Use is
found to be unenforceable or invalid for any reason,
that provision shall be severable and all other
provisions shall remain in full force and effect.
This constitutes the entire agreement between us
relating to your use of the RadCakes web site and
shall not be modified except in a writing signed by
both parties.
TERMINATION
These terms are effective unless and until
terminated by either you or RadCakes. You may
terminate this Agreement at any time. RadCakes also
may terminate this Agreement at any time and may do
so immediately without notice, and accordingly deny
you access to the RadCakes web site, if in RadCakes’
sole discretion you fail to comply with any term or
provision of this Agreement. Upon any termination of
the Agreement by either you or RadCakes, you must
immediately discontinue use of the RadCakes web site
and promptly destroy all materials downloaded or
otherwise obtained from the RadCakes web site, as
well as all copies of such materials, whether made
under the terms of use or otherwise. Note that
certain provisions of this Agreement (the RadCakes
web site Contents; User Comments, Materials,
Feedback; Disclaimer; and Indemnity) will survive
termination.
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