Please read these terms of service carefully before using our services.
Your access and use of any website, mobile site, Facebook page, Instagram site or other social media channels owned and/or operated by Sugar Bombs by K (“Sugar Bombs”, “we”, “us” or “our”), which includes Sugar Bombs’s affiliated companies, now or in the future (collectively and individually, the "Site”) are governed by these terms of use (these “Terms of Use”).
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. If we decide to modify our Terms of Use, we will post a new version on the Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms of Use as they are amended.
By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms of Use, as modified from time to time by us.
If you do not agree to these Terms of Service, do not use the Site.
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Sugar Bombs by K or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Sugar Bombs by K and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Sugar Bombs by K may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Sugar Bombs by K to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Sugar Bombs by K, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Sugar Bombs by K or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Sugar Bombs by K, whether registered or unregistered, may not be used in connection with any product or service that is not Sugar Bombs by K’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Sugar Bombs by K’s trade names, trademarks or service marks without our express prior written consent.
Sugar Bombs by K uses ingredients in our recipes that are trademarked. We use these trademarks with permission as noted below:
You agree to follow the conduct rules listed below:
Your use of our service is at your sole risk. The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.
We may discontinue all or part of the Site at any time, in our sole discretion. Sugar Bombs by K may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Sugar Bombs by K, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Sugar Bombs by K or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
The products displayed on the Site may be available on our Site for purchase, and may also be available at local events. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items at any particular local event may be different from those appearing on the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Sugar Bombs by K may accept or reject your offer, and your offer is not accepted by Sugar Bombs by K until Sugar Bombs by K delivers your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Sugar Bombs by K makes no guarantee that information on the Site is error-free, complete or current. Sugar Bombs by K reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Sugar Bombs by K may decline your offer or Sugar Bombs by K may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Sugar Bombs by K or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Sugar Bombs by K or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Sugar Bombs by K. However, even if such third parties are affiliated with Sugar Bombs by K, Sugar Bombs by K has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Sugar Bombs by K. Sugar Bombs by K is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO SECTION 12 HEREINAFTER, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUGAR BOMBS BY K EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SUGAR BOMBS BY K DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Any advice or information, be it oral or written, obtained from Sugar Bombs by K or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms of Use.
YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUGAR BOMBS BY K, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY SUGAR BOMBS BY K), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. SUGAR BOMBS BY K ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.
SUGAR BOMBS BY K RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. SUGAR BOMBS BY K ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF SUGAR BOMBS BY K OR ANY THIRD PARTY.
You agree to defend, indemnify and hold harmless Sugar Bombs by K and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting Sugar Bombs by K products, services, and company. These Terms of Use shall be construed in accordance with the laws 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 New Jersey. By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Sugar Bombs by K or any of Sugar Bombs by K vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Sugar Bombs by K or its vendors or licensors.
These Terms of Use and the Privacy Policy embody the entire agreement concluded between Sugar Bombs by K and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by Sugar Bombs by K and governing its relations with you, in particular relating to any service or purchase of product, shall supplement these Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
The fact that Sugar Bombs by K tolerates a violation by yourself of one of the obligations set out in these Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of these Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of these Terms of Use maintaining full force and effect between yourself and Sugar Bombs by K.
The headings of the provisions of these Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
These Terms of Use shall remain effective until terminated as outlined herein. You agree that Sugar Bombs by K in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Sugar Bombs by K a written notice by mail, e-mail or fax, requesting that Sugar Bombs by K remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Sugar Bombs by K a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
See http://www.copyright.gov/ for details.
The Sugar Bombs by K mobile message service (the "Service") is operated by Sugar Bombs by K (“Sugar Bombs by K”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Sugar Bombs by K’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sugar Bombs by K through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sugar Bombs by K. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +15512654445 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sugar Bombs by K mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1 551-265-4445 or email info@sugarbombsbyk.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
