TERMS OF USE
1. Ownership and Operation
This website belongs to Shira LLC, doing business as Pâtisserie Vanessa (“Pâtisserie Vanessa”), 1340 Lexington ave, New York, NY, 10128. Pâtisserie Vanessa may, in its sole discretion and at any time, modify or discontinue this website or specific portions of it.
2. Agreement to Be Bound
Your use of this website constitutes your agreement with Pâtisserie Vanessa to be bound by, and to act in accordance with, these Terms of Use.
3. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.
4. Use of Site Materials
Pâtisserie Vanessa owns the copyright for all of the material on the website or has a valid right from a third party to use material on the website. Pâtisserie Vanessa also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Pâtisserie Vanessa copyright and other proprietary rights. The use of any such material on any other website or computer network without Pâtisserie Vanessa written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Pâtisserie Vanessa, is strictly prohibited.
5. Downloaded Software
If you download software or other similar information from this website, the software and all files, images and data relating to the software will be licensed to you by Pâtisserie Vanessa. You do not own the downloaded software, and Pâtisserie Vanessa does not transfer ownership of the Software to you. Pâtisserie Vanessa retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human- -perceivable form. Software that is downloaded from this website is subject to United States export control laws. If you download software from this website, you represent and warrant to Pâtisserie Vanessa that you are not acting in violation of those laws.
6. Privacy
For information on how Pâtisserie Vanessa uses and protects the personal information you may provide on this website, see our Privacy Policy.
7. Submissions
All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Pâtisserie Vanessa through this website will become and remain the exclusive property Pâtisserie Vanessa, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Pâtisserie Vanessa unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Pâtisserie Vanessa has no obligation to keep your submissions confidential.
8. Geographic Scope of Site
Pâtisserie Vanessa controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those Pâtisserie Vanessa products that are sold by Pâtisserie Vanessa in the United States and its territories, and Pâtisserie Vanessa makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
9. Links to Other Sites
For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by Pâtisserie Vanessa. These links do not mean that Pâtisserie Vanessa endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Pâtisserie Vanessa liable for any damage that might result from your use of such information or products.
10. Contents of the WebSite – Disclaimer
The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Pâtisserie Vanessa disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non- -infringement. Pâtisserie Vanessa does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Pâtisserie Vanessa undertakes no obligation to verify or maintain the currency of such information. Certain links in this website may link you to other sites on the worldwide web. The linked sites may not be under the control of Pâtisserie Vanessa and Pâtisserie Vanessa is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Pâtisserie Vanessa is not responsible for webcasting or any other form of transmission received from any linked site. Pâtisserie Vanessa is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Pâtisserie Vanessa to, or an endorsement by Pâtisserie Vanessa of, the linked site or any products or services which may be offered there.
11. Operation of the WebSite – Disclaimer
Pâtisserie Vanessa endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, Pâtisserie Vanessa expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non- -infringement. Pâtisserie Vanessa makes no warranty that (i) the operation of the website will meet the user’s requirements; (ii) access to the website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the website will be accurate or reliable; or (iv) defects will be corrected. You (and not Pâtisserie Vanessa) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
12. Limitation of Liability
Under no circumstances shall Pâtisserie Vanessa be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the website or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the website. Pâtisserie Vanessa shall not be liable even if Pâtisserie Vanessa or a Pâtisserie Vanessa authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
13. Limitations as to Paragraphs 10, 11, and 12
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Pâtisserie Vanessa total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
14. Postings
Pâtisserie Vanessa may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, Pâtisserie Vanessa is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Pâtisserie Vanessa will fully cooperate with any law enforcement authorities or court order requesting or directing Pâtisserie Vanessa to disclose the identity of anyone posting any such information or materials. Pâtisserie Vanessa may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Pâtisserie Vanessa, its customers or the public.
15. Availability of Help
This website may provide a Help file or other instructions for the use of this site. However, you understand that Pâtisserie Vanessa is under no obligation to provide any support for the use of the website.
16. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of New York or the United States District Court for the District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
17. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
18. No Waiver
No failure on the part of Pâtisserie Vanessa to enforce any part of these Terms of Use shall constitute a waiver of any of Pâtisserie Vanessa rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Pâtisserie Vanessa nor the reliance of any person on Pâtisserie Vanessa actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Pâtisserie Vanessa shall have any legal effect whatsoever.
19. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.
21. Food Allergies Responsibility Waiver
Pâtisserie Vanessa shall not take any responsibility for possible food allergies including but not limited to nuts, milk, gluten, and any other ingredient. All pastries are prepared in the same commercial kitchen facility.