Terms and Conditions

Terms and Conditions

Last Updated on January 24th, 2023

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

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

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