PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

These “Terms of Use” set forth the terms and conditions that apply to your use of the “CraftyBaking” Website (collectively, the “Website”) owned or operated by CraftyBaking, LLC or its affiliates (collectively, “CraftyBaking” or the “Company”).

By accessing, viewing, downloading or otherwise using the Website, any content or services available through the Website (collectively, the “Services”), or any related emails, newsletters or content, or by creating an account on or through the Website, you are entering into a legally binding agreement with the Company based on these Terms of Use. We encourage you to read these Terms of Use carefully. By participating in or otherwise using the Services, you acknowledge that you have read and understood these Terms of Use and that you agree to be bound by all of its provisions. The right to use the Services and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

If you do not wish to be bound by these Terms of Use, please do not use the Website. We reserve the right to modify or discontinue the contents of the Website or the Services at any time, including the features, availability, or operation of the site, these Terms of Use, or any policy or notice posted on the site. You agree that it is your responsibility to monitor changes to the Website, and your continued use of the Website following the posting of changes means that you agree to and accept the changes.

 

1. Eligibility to Access and Use the Services

You represent and warrant that you: (a) have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use; (b) have not previously been suspended or removed from the Website; (c) do not have more than one Website account at any given time; and (d) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. In addition, in order to become a registered member of the Website (a "Member"), you must: (1) provide current, complete, and accurate membership information ("Member Profile") as prompted to do so; and (2) maintain and update your Member Profile, as required to keep such information current, complete and accurate. If any information that you provides in your Member Profile is untrue, inaccurate, not current or incomplete, or if you otherwise violate these Terms of Use, CraftyBaking retains the right to terminate your account and your rights to use the Website and the Services.

 

2. Website Content

All information, materials, functions and other content submitted on the Website by CraftyBaking or its employees, writers, or other agents or service providers (collectively, the "Website Content") is our copyrighted property, or the copyrighted property of our licensors or licensees. We may change or delete or delete Website Content or features at any time, in any way, for any or no reason. Any business use, "re-mailing" or high-volume or automated use of Website Content is prohibited. The Website Content is intended for educational and entertainment purposes only. Such Website Content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.

CraftyBaking does not accept or consider unsolicited Website Content from its users or Members (“Unsolicited Content”), and users and Members are prohibited from distributing Unsolicited Content on or through the Website. Any such Unsolicited Submissions will not be made in confidence or trust, and no confidential or fiduciary relationship is intended or created by virtue of any Unsolicited Submission. Parties that submit Unsolicited Content have no rights to, or expectation of, any review, compensation, or consideration of any type.

 

3. Limited License; Terms

On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser or a smartphone application (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to access, view, and use Website Content and other information provided on the Website as we intend such information to be used, and only in accordance with these Terms of Use and any other specific terms or guidelines that we make available to you. CraftyBaking grants you no other rights, implied or otherwise.

 

4. User Submissions and Content

The Website may provide interactive areas in which users and Members may post communications. You understand that all information (including your Member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other Content (the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated.

You will remain solely responsible for your interactions with other users, as well as for any User Content that you provide on the Website. More specifically, CraftyBaking does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or any other communications posted by other users, nor does it endorse any opinions expressed by other users. You acknowledge that any reliance on User Content posted by others will be at your own risk, and you agree to release and hold CraftyBaking, its suppliers, other Members and users, and their respective principals and affiliates harmless with respect to the same.

All User Content must comply with any applicable code of conduct or other guidelines governing the Website. Without limiting the generality of the foregoing, the Members or other users of the Website are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; or (f) falsifies or deletes any author attributions or other similar notices or proprietary designations. Further, unless otherwise agreed by CraftyBaking in writing, you may not use the Website or the Services to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.

Users are also prohibited from violating or attempting to violate the security of the Website. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with web site service, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. CraftyBaking will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Although under no obligation to do so, CraftyBaking reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. CraftyBaking reserves the right to expel Members and to prevent their further access to the Website if they violate our Terms of Use. Further, we reserve the right to take any action that we deem appropriate with respect to User Content in order to prevent potential liability, damage to the brand or public image of our brand, or damage to our relationship with our vendors, suppliers, or sponsors. We also reserve the right to delete content on a periodic basis due to operational reasons, limit the scope of content uploaded or stored by any Member or user, or otherwise to maximize the functionality of the Website and the Services. Any of the foregoing actions takes by CraftyBaking will be final and non-appealable.

 

5. Ownership, Use of, and Sharing of Content

CraftyBaking does not claim ownership of any User Content submitted and/or posted by you on the Website. However, by submitting and/or posting any User Content to the Website, you grant CraftyBaking a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content. You also permit any user or Member to access, display, view, store, and reproduce such User Content for personal use. No compensation will be paid with respect to the use of your User Content.

 

6. Intellectual Property

The Website Content and other materials found on the Website are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright © CraftyBaking, LLC. Permission is granted to view and print materials from the Website for the non.commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of CraftyBaking, is strictly prohibited.

CraftyBaking and other trademarks and/or service marks (including logos and designs) found on the Website are trademarks/service marks that identify CraftyBaking and the goods or services that it provides. Such marks may not be used under any circumstances without the prior written authorization of CraftyBaking. No person is authorized to use, copy, or distribute any portion of the Website, including related graphics.

 

7. Login IDs and Passwords

To the extent you are accessing any portion of the Website requiring a login ID or a password, you are responsible for all use of the Website or the Services made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify the Company and its principals and affiliates against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password you agree to notify us immediately.

 

8. Links to Third-Party Web Sites

The Website may provide hyperlinks to third-party web sites as a convenience to users of the Website (each, a “Third-Party Site”). CraftyBaking does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. CraftyBaking does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

 

9. Children’s Issues; Eligibility

The Website is not directed for use by children under thirteen (13) years of age without adult supervision. Children under such age must not use the Website or Services offered on it without adult supervision, and are not permitted to become Members of the Web Site or to otherwise submit any personally identifiable information. By visiting or using the Website or accepting these Terms of Use, you represent and warrant to CraftyBaking that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

 

10. Mobile Services

Certain parts of the Services may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Member Profile to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

 

11. Export Control

You understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct, use of the Services, and acceptable User Content. Specifically, your use of the Services is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You may not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Services without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

 

12. No Representations or Warranties; Limitations on Liability

CraftyBaking AND/OR ITS SUPPLIERS, AGENTS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY WEBSITE CONTENT, INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY WEBSITE CONTENT, INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL CraftyBaking OR ITS SUPPLIERS, AGENTS, OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES.

CraftyBaking DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER MEMBERS OF THE COMMUNITY. THEREFORE, CraftyBaking DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

CraftyBaking DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE SERVICES MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. CraftyBaking DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CraftyBaking DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONS, LIMITATIONS ON ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON UNRELATED TO THE SERVICES.

SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER TRANSACTIONS, SO SOME OR ALL OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

13. Indemnification

You agree to indemnify, defend and hold harmless CraftyBaking, and its officers, managers, suppliers, consultants, members, employees, agents, and affiliates, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Services or your violation of any of these Terms of Use.

 

14. Governing Law and Jurisdiction

These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of New York. In the event that any lawsuit is filed in connection with any matter arising from or connected with these Terms of Use, such lawsuit will be filed exclusively in any state or federal court sitting in New York, New York. You agree to voluntarily submit to, and hereby irrevocably consent to, the jurisdiction of said courts and hereby irrevocably waive and agree not to assert any defense or claim of lack of personal jurisdiction, improper venue or forum non conveniens. Notwithstanding the foregoing, in the event you shall violate these Terms of Use, then in addition to any other remedies available in law or equity, CraftyBaking may apply to any Court of competent jurisdiction for an injunction to prohibit further violations.

 

15. Changes to These Terms of Use

These Terms of Use were last updated on May 20, 2013. We may update our Terms of Use as our policies and procedures change from time to time. We encourage you to periodically review this page to become aware of any changes. When you log-in or otherwise continue to use the Website, you will be using the Website subject to these Terms of Use (as updated).

 

16. Entire Agreement

These Terms of Use, including the Website’s Privacy Policy and other documents referenced by and incorporated into this document, constitute the entire agreement between you and CraftyBaking, and such Terms of Use and other documents govern your use of the Services, superseding all prior or contemporaneous agreements, understandings, or representations. You also may be subject to additional terms, conditions, and agreements concerning your use of specific Company products and services (in each case, a “Customer Agreement”). In the event of any conflict or ambiguity between these Terms of Use and your specific Customer Agreement, the terms of your Customer Agreement will prevail.

 

17. Miscellaneous

The failure of CraftyBaking to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use (or any amendment hereto) is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. CraftyBaking may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the WebSite. Except as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.

 

18. Contact Information

Questions or comments regarding the Website or these Terms of Use should be sent by e.mail to sarah@craftybaking.com.