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Terms of use

Last Updated: January 1, 2018

Introduction

These terms and conditions ("Terms and Conditions") govern the use of the websites (individually and collectively, "Site") provided by Bimbo Bakeries USA, Inc. and its affiliates (collectively, “BBU”). As used herein, "You" and "Your" refers to any individual, company or legal entity that accesses or otherwise uses the Site. Your access and/or use of this Site and or any services available through the Site ("Services") signifies that You agree to be bound by these Terms and Conditions in effect at the time You use the Site and that You consent to the privacy policy of this Site (the "Privacy Policy"). If You do not agree with these Terms and Conditions or the Privacy Policy, You should immediately cease use of the Site and the Services and cease use of the all information and materials You have obtained through the Site and/or the Services.

Use of Site and Site Material

This Site is provided for Your personal and non-commercial use and You may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for Your personal non-commercial use, provided that any copyright notice shall not be removed from the copied material. BBU reserves the right to terminate at any time Your right to make personal copies of material from this Site.

You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any material on the Site. You may not restrict or inhibit any other user from using and enjoying the Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Site are able to type, and hacking or defacing any portion of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on BBU's infrastructure, including, but not limited to, "spam" or other such unsolicited mass emailing techniques. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below).

You are prohibited from using this Site and Services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. BBU may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material BBU deems inappropriate in its discretion. BBU is, however, under no obligation to monitor or review such material and assumes no responsibility or liability arising from such material.

You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy or other violation of proprietary rights of any other user of the Site or Services in any applicable jurisdiction. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.

ARBITRATION AGREEMENT

YOU AND BBU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, OR IN CONNECTION WITH ANY MATTERS RELATED TO THE SITE, THE SERVICES AND/OR YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS BASED ON ACCESSIBILITY AND/OR DISABILITY ARISING UNDER THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. §§ 12101, ET SEQ. OR ANY OTHER STATUTE, SHALL BE RESOLVED SOLELY AND EXCLUSIVELY BY BINDING ARBITRATION IN PHILADELPHIA, PENNSYLVANIA. ARBITRATION WILL BE THE SOLE MEANS OF RESOLVING ANY SUCH DISPUTES, AND BOTH PARTIES WAIVE THEIR RIGHTS TO RESOLVE DISPUTES BY JURY TRIAL OR OTHER COURT PROCEEDINGS. YOU AND BBU AGREE TO COMMENCE ANY ARBITRATION WITHIN ONE YEAR AFTER THE CLAIM ARISES. YOU AND BBU AGREE THAT AN ARBITRATION FILED AFTER THIS DATE IS BARRED.

THE ARBITRATION WILL BE CONDUCTED BEFORE A SINGLE ARBITRATOR TO BE DESIGNATED THROUGH JAMS AND PURSUANT TO THE RULES OF JAMS THAT ARE IN EFFECT AT THE TIME THE ARBITRATION IS INITIATED. NEITHER YOU NOR BBU SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, THE FOREGOING ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. YOU AND BBU AGREE THAT ANY AND ALL DISPUTES RELATING TO THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE RESOLVED SOLELY AND EXCLUSIVELY THROUGH ARBITRATION OR, IF AND ONLY IF A COURT DETERMINES THAT THE VALIDITY OF ENFORCEABILITY OF THIS ARBITRATION PROVISION CANNOT BE RESOLVED THROUGH ARBITRATION, EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF PENNSYLVANIA.

Registration

In order to access certain features at the Site, You may be required to register for a Site account ("Account"). However, most features can be accessed without an Account. If You opt to register for an Account, You agree to: (a) provide true, accurate and complete information about Yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. If BBU has reasonable grounds to suspect that the information You provided on the registration form or otherwise is untrue, inaccurate or incomplete, BBU may suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof). You are responsible for all use of Your Account under any screen name or password by any person or entity and for ensuring that Your Account complies fully with the provisions of these Terms and Conditions. You acknowledge and agree that BBU will have no liability associated with or arising from Your failure to maintain accurate information about Yourself, including, but not limited to, Your failure to receive important information and updates about the Site.

Ownership of Intellectual Property

BBU owns the copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site, or has licensed the use of the Intellectual Property on the Site from third party owners thereof. Notwithstanding any other term or condition in this agreement, BBU and its licensors retain ownership to all Intellectual Property on this Site and all material on and from this Site. All rights not expressly granted herein to You are reserved by BBU and our licensors. Subject to the forgoing, BBU grants to You a limited licensed to use the Intellectual Property for the purpose of accessing and using this Site. Further BBU grants to You a limited license to share content via the social media buttons provided by BBU (for instance, to “pin” images to Pinterest or “like” BBU content via Facebook, provided that BBU has provided a “Pin It” or “Like” button to permit such use).

Anything downloaded or downloadable, including but not limited to, any software, files, images incorporated in or generated by the software, and any and all data or photographic images accompanying the software, is considered licensed to you by BBU. BBU retains full and complete title to the software and to all of the associated Intellectual Property. You are not allowed to redistribute, reverse-engineer, disassemble, convert or sell any of these materials

This limited license is not assignable, sub-licensable, or otherwise transferable. Any other use of the Intellectual Property on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of BBU or its licensors.

Disclaimer of Warranty and Limitation of Liability

Your use of this Site, the Services and any information and material from this Site is at Your own risk.

BBU strives to provide accurate and up-to-date material on this Site. However, BBU makes no warranties or representations as to the accuracy or timeliness of the material provided on this Site. BBU assumes no liability or responsibility for any errors or omissions on this Site or for information and materials available at the Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BBU, ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE SERVICES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICES, OR ANY INFORMATION OR MATERIAL PROVIDED ON THIS SITE OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, THIS SITE, THE SERVICES, AND THE INFORMATION AND MATERIAL PROVIDED ON THIS SITE AND THROUGH THE SERVICES ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

BBU assumes no liability or responsibility for any damage to You, Your computer, or Your property, due to Your access to, use of, or downloading of this Site or any information or material provided on this Site or through the Services.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless BBU, its officers, directors, employees, agents, licensors, suppliers and all those working in connection with them, from and against any and all losses, damages, expenses, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to Your Internet account (including, but not limited to, negligent or wrongful conduct), by You or any other person accessing the Site using Your Internet account.

Links

BBU does not endorse any third party websites not under the control or operation of BBU, has not reviewed any or all such websites that may be linked to this Site and is not responsible for any such websites linked to this Site or any content thereof or services provided through such websites. Your use of the links to any third party websites on this Site is at Your own risk. By linking to a third party website or permitting a link from a third party website to this Site, BBU does not endorse the site operator or the content of the linked third party website.

User Submission Guidelines

Through both specific requests (such as contests and sweepstakes) and unsolicited means, BBU may permit written, photographic, video or other material and information to be submitted by You and other users (collectively, "User Submissions") at the Site, via email or via any other media, and BBU may also permit the hosting, sharing, and/or publishing of such User Submissions at the Site, in BBU's sole discretion. Unless otherwise identified in connection with a specific request for a User Submission, in order to submit a User Submission at the Site You must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in Your jurisdiction of residence (and at least 18 years of age). You understand that whether or not such User Submissions are published or otherwise used, BBU does not guarantee any confidentiality with respect to any submissions to the Site.

By making a User Submission at the Site, You agree and represent that such User Submission is original with You and that You own all right, title and interest in the User Submission and any elements You include in the User Submission (such as photographs, footage and the like). You may be required to provide documentation in a form acceptable to us evidencing such rights. You also agree that Your User Submission: (i) does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance; (ii) is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another; (iii) does not promote any activities that may appear unsafe or dangerous; (iv) does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing); (v) does not post advertisements or solicitations of business; (vi) does not contain any intellectual property belonging to a third party, including, without limitation, copyrighted materials or trademarks, logos, or trade dress owned by others; (vii) is not confidential or proprietary; and (viii) does not contain materials embodying the names, likenesses, voices, or other indicia identifying any person including, without limitation, celebrities and/or other public or private figures (or using look-alikes of the same), living or dead.

BBU may reject any User Submission it determines does not to meet any of the criteria set forth in these User Submission Guidelines. Also, BBU reserves the right not to accept any User Submission for any reason, or no reason at all, if in its sole discretion BBU does not believe that the User Submission is appropriate for the Site. BBU will not advise You as to the reason why Your User Submission has not been accepted. BBU may elect to post User Submissions that BBU believes does not violate the intent or purpose of these Terms and Conditions (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items) and/or other otherwise make use of User Submissions as provided under these User Submission Guidelines. BBU reserves the right, but undertakes no duty, to review, edit, move or delete any material (including, without limitation, User Submissions) provided for display or placed on the Site, in BBU's sole discretion.

If You choose to submit a User Submission to the Site, You hereby grant to BBU and its designees a perpetual, irrevocable, non-exclusive, fully-paid up, royalty-free, sublicensable and transferable license to use the User Submission for any and all purposes (including, without limitation, commercial use), in any and all media now or hereafter known throughout the universe without restrictions of any kind or any approvals or consents required from You or any third party. For example, the above grant would permit BBU and its designees to use Your original recipe that you submit at the Site, display your original recipe at the Site, modify your original recipe to create another recipe, and/or incorporate your original recipe into a recipe book containing other recipes, all without obtaining Your approval or providing any compensation to You. If BBU creates other works using Your User Submission, those works will be owned by us and may be used in accordance with these Terms and Conditions, and shall not be subject to Your approval. You also hereby grant each user of the Site a non-exclusive license to access Your User Submissions through the Site, and to use, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions. You will not have any claim against us with respect to such use of the User Submissions, and to the extent, a claim is made against us or any of our licensees by any third party with respect to the User Submissions, You agree, to the fullest extent permitted by law, to indemnify and hold the BBU Parties harmless with respect to any such claims, including, without limitation, attorneys' costs and expenses incurred in connection therewith. If it is determined that You have, at any time, violated any of the foregoing provisions, You may thereafter be barred from submitting or posting any further material on the Site or using or accessing our interactive communication tools, and BBU may pursue any remedies available under the Terms and Conditions or at law.

You understand that BBU does not seek to solicit User Submissions that contain any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting a User Submission, You further warrant that such User Submission does not contain such content and that BBU may freely use any ideas, concepts, know-how or techniques contained in a User Submission for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products which incorporate or otherwise rely upon information contained in the User Submission, without any approval from or notice, liability or compensation to You.

When You submit a User Submission, You understand that BBU will have the right, but not the obligation, to use, display and publish Your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by BBU and its related entities. If BBU makes use of any of the foregoing rights, You understand and agree that You shall not receive any other consideration, or payment, notification or credit, nor will You have any approval over how BBU uses the foregoing rights.

BBU reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Submissions and/or Your ability to access User Submissions with or without notice in its sole discretion. You agree that BBU shall not be liable to You or to any third party for any suspension or discontinuance of acceptance of User Submissions.

United States Only

BBU controls and operates this Site from its headquarters in Pennsylvania, in the United States of America. Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States. BBU in no way warrants or implies that the materials on the Site are appropriate for use outside of the United States. If You use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. Software and other materials from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. BBU prohibits Your downloading or exporting of software or other material from this Site in violation of U.S. Export Laws and the laws of Your resident country. By downloading software or other material from this Site, You represent and warrant that You are able to do so in full compliance with the laws of the United States and Your resident country.

Applicable Law

Any dispute arising out of these Terms and Conditions, the Privacy Policy, or in connection with any matters related to the Site and/or the Services shall be resolved according to the substantive laws of the State of Pennsylvania, United States of America, without giving effect to that state's principles of conflicts of laws.

Copyright Claims

BBU respects the intellectual property of others. If You believe that Your copyrighted work has been copied in any way without Your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work You claim has been infringed;
  • A description of the work You claim has been infringed;
  • Identification of the work You claim infringes the copyrighted work and a description of where it is located on the Site;
  • Your contact information, including Your address, telephone number and email address;
  • A statement by You, under penalty of perjury, that You have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
  • A statement by You, under penalty of perjury, that the information you have provided in Your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  • Our Copyright Agent can be reached as follows:

         Copyright Agent
         Legal Department
         Bimbo Bakeries USA
         255 Business Center Drive
         Horsham, PA 19044
         copyrightclaims@bbumail.com

 

Termination

Your access may be terminated at any time and for any reason or for no reason by BBU. You shall have no recourse and BBU shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, grant of rights to User Submissions, limitation of liability and indemnification obligations shall survive the termination or expiration of Your access or use of the Site or Services. Upon termination, You must destroy all materials obtained from the Site, along with related materials.

Modification

BBU may modify these Terms and Conditions at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended terms and Your agreement to be bound thereby. BBU may, but is under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication. If any of these provisions are found to be unlawful, void or unenforceable, the remaining terms and conditions will remain in full force and effect.

Any questions regarding these Terms and Conditions should be directed to the BBU Webmaster: wmaster@bbumail.com.