Agreement between User and designedbybay.com
Welcome to designedbybay.com. The designedbybay.com website (the "Site") is comprised of
various web pages operated by BumbleBay Creations ("BumbleBay"). designedbybay.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of designedbybay.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
designedbybay.com is an E-Commerce Site.
We take customers' photos of their choosing and provide custom art in the form of a digital
download and in some cases stickers and other forms of prints.
Privacy
Your use of designedbybay.com is subject to BumbleBay's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting designedbybay.com or sending emails to BumbleBay constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
BumbleBay does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use designedbybay.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
You are eligible for a refund 14 days after your item has arrived in accordance with the tracking
provided. After these 14 days, no refunds will be granted. Please contact
bumblebaycreations@gmail.com with any questions.
Links to Third Party Sites/Third Party Services
designedbybay.com may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of BumbleBay and BumbleBay is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. BumbleBay is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by BumbleBay of the site or any association with its
operators.
Certain services made available via designedbybay.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
designedbybay.com domain, you hereby acknowledge and consent that BumbleBay may share
such information and data with any third party with whom BumbleBay has a contractual
relationship to provide the requested product, service or functionality on behalf of
designedbybay.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
designedbybay.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to BumbleBay that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of BumbleBay or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
BumbleBay content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of BumbleBay and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of BumbleBay or our licensors except as expressly authorized by these
Terms.
International Users
The Service is controlled, operated and administered by BumbleBay from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the BumbleBay Content accessed
through designedbybay.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless BumbleBay, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. BumbleBay
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
BumbleBay in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and BumbleBay agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. BUMBLEBAY CREATIONS AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BUMBLEBAY CREATIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
BUMBLEBAY CREATIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BUMBLEBAY CREATIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BUMBLEBAY CREATIONS OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
BumbleBay reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington and you
hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and BumbleBay as a result of this agreement or use of the Site. BumbleBay's performance of
this agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of BumbleBay's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered by
BumbleBay with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and BumbleBay with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
BumbleBay with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
BumbleBay reserves the right, in its sole discretion, to change the Terms under which
designedbybay.com is offered. The most current version of the Terms will supersede all previous
versions. BumbleBay encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
BumbleBay welcomes your questions or comments regarding the Terms:
BumbleBay Creations
4602 45th Ave NE
Tacoma, Washington 98422
Email Address:
support@bumblebaycreations.com
Telephone number:
3605046513
Effective as of January 24, 2023
