The East City Bakery Web Site (the "Site") is an online
information service provided by East City Bakery Inc. ("East
City Bakery "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. East City Bakery
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire
contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks
are East City Bakery, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to East City Bakery a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to East
City Bakery by all means and in any media now known or hereafter
developed. You also grant to East City Bakery the right to use
your name in connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against East City Bakery for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to East City Bakery.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of East City
Bakery. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand
that, except for information, products or services clearly
identified as being supplied by East City Bakery, East City
Bakery does not operate, control or endorse any information,
products or services on the Internet in any way. Except for East
City Bakery- identified information, products or services, all
information, products and services offered through the Site or
on the Internet generally are offered by third parties, that are
not affiliated with East City Bakery a. You also understand that
East City Bakery cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. East City Bakery PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND East City Bakery SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. East City Bakery DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
East City Bakery HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL East City Bakery BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF East City Bakery OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, East City Bakery LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
East City
Bakery makes no representations whatsoever about any other web
site which you may access through this one or which may link to
this Site. When you access a non-East City Bakery web site,
please understand that it is independent from East City Bakery,
and that East City Bakery has no control over the content on
that web site. In addition, a link to a East City Bakery web
site does not mean that East City Bakery endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to
indemnify, defend and hold harmless East City Bakery, its
officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party
Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of East City Bakery and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term;
Termination.
This Agreement may
be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement
shall all be governed and construed in accordance with the laws
of Canada applicable to agreements made and to be performed in
Canada. You agree that any legal action or proceeding between
East City Bakery and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in Canada . Any cause of action or claim
you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. East City Bakery's
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. East City Bakery may assign its rights and
duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
(C) (TM) East City Bakery Inc. 2009-2011
|
