TERMS OF USE

Effective July 1, 2006

BakeSpace.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with people who are passionate about food, cooking, baking and all things culinary. The services offered by BakeSpace.com ("BakeSpace.com" or "we") include the BakeSpace.com website (the "BakeSpace Website") and any other features, content, or applications offered from time to time by BakeSpace.com in connection with the BakeSpace Website (collectively, the "BakeSpace Services"). The BakeSpace Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the BakeSpace Services. By using the BakeSpace Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BakeSpace Website) or you are a "Member" (which means that you have registered with BakeSpace.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the BakeSpace Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BakeSpace Website and discontinue use of the BakeSpace Services immediately. If you wish to become a Member, communicate with other Members and make use of the BakeSpace Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes BakeSpace.com's policy for acceptable use of the BakeSpace Services and Content posted on the BakeSpace Website, your rights, obligations and restrictions regarding your use of the BakeSpace Services and BakeSpace.com's Privacy Policy. In order to participate in certain BakeSpace Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BakeSpace Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: admin (at) BakeSpace.com, Subject: Terms of Use Agreement.

BakeSpace.com may modify this Agreement from time to time and such modification shall be effective upon posting by BakeSpace.com on the BakeSpace Website. You agree to be bound to any changes to this Agreement when you use the BakeSpace Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on BakeSpace.com and that you provide to other Users. Your BakeSpace.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BakeSpace.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BakeSpace.com assumes no responsibility or liability for this material. If you become aware of misuse of the BakeSpace Services by any person, please contact BakeSpace at reportabuse (at) bakespace.com.

BakeSpace.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including profiles, recipes, forum postings, comments, photos or chat comments) by you, or to restrict, suspend, or terminate your access to all or any part of the BakeSpace Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the BakeSpace Services is void where prohibited. By using the BakeSpace Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BakeSpace Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the BakeSpace Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BakeSpace.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. Currently BakeSpace does not charge Users/Members for use of its services. However, as features are added and if a premium service is available, you acknowledge that BakeSpace.com reserves the right to charge for the BakeSpace Services and to change its fees from time to time in its discretion. If BakeSpace.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BakeSpace.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The BakeSpace Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BakeSpace.com. Illegal and/or unauthorized use of the BakeSpace Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BakeSpace Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation will be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BakeSpace Services.
  6. Proprietary Rights in Content on BakeSpace.com.
    1. BakeSpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the BakeSpace Services. After posting your Content to the BakeSpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the BakeSpace Services, you hereby grant to BakeSpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the BakeSpace Services and in our PR and Marketing efforts to promot BakeSpace and its subsidiaries.

Without this license, BakeSpace.com would be unable to provide the BakeSpace Services. For example, without the right to modify Member Content, BakeSpace.com would not be able to digitally compress photo files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BakeSpace.com could not allow Users to browse, read or print recipes posted by Members. The license you grant to BakeSpace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BakeSpace.com), fully-paid and royalty-free (meaning that BakeSpace.com is not required to pay you for the use on the BakeSpace Services of the Content that you post), sublicensable (so that BakeSpace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BakeSpace Services), and worldwide (because the Internet and the BakeSpace Services are global in reach).

In the event BakeSpace.com creates a cookbook or other text, podcast or other publication featuring content found on BakeSpace, BakeSpace will notify you if your recipe, profile content or any other content you have on BakeSpace.com has been chosen. At that time, we will ask for permission to publish your information. This does not apply to marketing and PR efforts such as, but not limited to, newsletter distribution and media outreach. At that time, we will ask for permission to publish your information.

    1. You represent and warrant that: (i) you own the Content posted by you on or through the BakeSpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BakeSpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
    2. The BakeSpace Services contain Content of BakeSpace.com ("BakeSpace.com Content"). BakeSpace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and BakeSpace.com owns and retains all rights in the BakeSpace.com Content and the BakeSpace Services. BakeSpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BakeSpace.com Content (excluding any software code) solely for your personal use in connection with viewing the BakeSpace Website and using the BakeSpace Services.
    3. The BakeSpace Services contain Content of Users and other BakeSpace.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BakeSpace Services.

  1. Content Posted.
    1. BakeSpace.com may delete any Content that in the sole judgment of BakeSpace.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BakeSpace.com assumes no responsibility for monitoring the BakeSpace Services for inappropriate Content or conduct. If at any time BakeSpace.com chooses, in its sole discretion, to monitor the BakeSpace Services, BakeSpace.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the BakeSpace Services, and any material or information that you transmit to other Members and for your interactions with other Users. BakeSpace.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BakeSpace.com prior to posting and does not necessarily reflect the opinions or policies of BakeSpace.com. BakeSpace.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
    3. In the event that you delete your account, BakeSpace.com has the right to keep your content that includes, but not limited to, recipes, profile, forum postings, recipe comments, photos and any other content you posted while a Member. Your personal information will set to private and your email address will be excluded from all communications. In the event BakeSpace.com would like to publish your recipe you will be contacted for permission, this does not include recipe of the day, featured members, newsletter and media outreach.
    4. BakeSpace.com is not responsible for errors in recipes or cooking and baking tips, misleading content including photos of recipes and shall not be held responsible for sickness, food allergies or death if recipe is made and consumed by Users. This also applies to recipes consumed by third parties. BakeSpace.com is not responsible for any tips or advice given on the site and other BakeSpace Sevices by either another User or BakeSpace.com. BakeSpace.com does not check for accuracy on recipes, forum posts, cooking, baking tips or newsletter information. If the content submitted by a User or BakeSpace.com or any of the BakeSpace Services is inaccurate BakeSpace Inc, or BakeSpace.com cannot be held liable for damages.
  2. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BakeSpace Services. BakeSpace.com reserves the right to investigate and take appropriate legal action against anyone who, in BakeSpace.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the BakeSpace Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BakeSpace.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person's consent; or
    15. joining and participating in a BakeSpace.com contest, sweetpstakes or giveaway as a sweepstakes enthusiast or using an auto-fill program to enroll in contests and sweepstakes

The following is a partial list of the kind of activity that is illegal or prohibited on the BakeSpace Website and through your use of the BakeSpace Services. BakeSpace.com reserves the right to investigate and take appropriate legal action against anyone who, in BakeSpace.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the BakeSpace Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BakeSpace Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BakeSpace.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BakeSpace.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BakeSpace Services, you acknowledge that you will have caused substantial harm to BakeSpace.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BakeSpace.com $50 for each such unsolicited email or other unsolicited communication you send through the BakeSpace Services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any BakeSpace.com page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add friends or send comments or messages;
    5. interfering with, disrupting, or creating an undue burden on the BakeSpace Services or the networks or services connected to the BakeSpace Services;
    6. attempting to impersonate another Member or person;
    7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    8. selling or otherwise transferring your profile;
    9. using any information obtained from the BakeSpace Services in order to harass, abuse, or harm another person;
    10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BakeSpace Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
    11. using the BakeSpace Services in a manner inconsistent with any and all applicable laws and regulations.

  1. Copyright Policy.
    Please refer to the Copyright and Intellectual Property Policy page.

  2. Member Disputes. You are solely responsible for your interactions with other BakeSpace.com Members. BakeSpace.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

  3. Privacy. Use of the BakeSpace Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  4. Disclaimers. BakeSpace.com is not responsible for any incorrect or inaccurate Content posted on the BakeSpace Website or in connection with the BakeSpace Services, whether caused by Users of the BakeSpace Services or by any of the equipment or programming associated with or utilized in the BakeSpace Services. Profiles created and posted by Members on the BakeSpace Website may contain links to other websites. BakeSpace.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BakeSpace.com. Inclusion of any linked website on the BakeSpace Services does not imply approval or endorsement of the linked website by BakeSpace.com. When you access these third-party sites, you do so at your own risk. BakeSpace.com takes no responsibility for third party advertisements which are posted on this BakeSpace Website or through the BakeSpace Services, nor does it take any responsibility for the goods or services provided by its advertisers. BakeSpace.com is not responsible for the conduct, whether online or offline, of any User of the BakeSpace Services. BakeSpace.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BakeSpace.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BakeSpace Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BakeSpace Services. Under no circumstances shall BakeSpace.com be responsible for any loss or damage, including personal injury or death, resulting from use of the BakeSpace Services, attendance at a BakeSpace.com event, from any Content posted on or through the BakeSpace Services, or from the conduct of any Users of the BakeSpace Services, whether online or offline. The BakeSpace Services are provided "AS-IS" and as available and BakeSpace.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BakeSpace.com cannot guarantee and does not promise any specific results from use of the BakeSpace Services.

  5. Limitation on Liability. IN NO EVENT SHALL BAKESPACE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BAKESPACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BAKESPACE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BAKESPACE.COM FOR THE BAKESPACE SERVICES DURING THE TERM OF MEMBERSHIP.

  6. U.S. Export Controls. Software available in connection with the BakeSpace Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the BakeSpace Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  7. Disputes. If there is any dispute about or involving the BakeSpace Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either BakeSpace.com or you may demand that any dispute between BakeSpace.com and you about or involving the BakeSpace Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent BakeSpace.com from seeking injunctive relief in a court of competent jurisdiction.

  8. Indemnity. You agree to indemnify and hold BakeSpace, Inc. BakeSpace.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BakeSpace Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BakeSpace Website or through the BakeSpace Services causes BakeSpace.com to be liable to another.

  9. Other. This Agreement is accepted upon your use of the BakeSpace Website or any of the BakeSpace Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BakeSpace.com regarding the use of the BakeSpace Services. The failure of BakeSpace.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BakeSpace.com is a trademark of BakeSpace, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: admin (at) BakeSpace.com with any questions regarding this Agreement.

Last updated November 2, 2007.

 

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