TERMS AND CONDITIONS FOR USE OF THIS SITE
Effective Date: August 21, 2008
These terms and conditions ("Terms and Conditions") govern the use of the
websites (individually and collectively, "Site") provided by Bimbo Bakeries USA. 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
all of the information and materials You have obtained through the Site and/or the Services.
Use of Site and Site Material
Except as expressly stated therein, this Site is provided for Your personal noncommercial 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 noncommercial use, provided that any copyright notice shall not be removed
from the copied material. Bimbo Bakeries USA 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 Bimbo Bakeries USA'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. Bimbo Bakeries USA may from time to time monitor or
review material transmitted or posted using this Site and reserves the right to delete any material Bimbo
Bakeries USA deems inappropriate in its discretion. Bimbo Bakeries USA 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.
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 Bimbo Bakeries USA has reasonable
grounds to suspect that the information You provided on the registration form or otherwise is untrue,
inaccurate or incomplete, Bimbo Bakeries USA 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 Bimbo Bakeries USA 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
Bimbo Bakeries USA 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, Bimbo Bakeries USA and its licensors retain ownership to all
Intellectual Property on this Site and all material on and from this Site. Nothing on this Site should
be construed as a license to use the Intellectual Property. Your 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 Bimbo Bakeries USA or its licensors. All rights not expressly granted herein to You
are reserved by Bimbo Bakeries USA and our 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.
Bimbo Bakeries USA strives to provide accurate and up-to-date material on this Site. However, Bimbo
Bakeries USA makes no warranties or representations as to the accuracy or timeliness of the material
provided on this Site. Bimbo Bakeries USA assumes no liability or responsibility for any errors or
omissions on this Site or for information and materials available at the Site.
NEITHER Bimbo Bakeries USA, 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 Bimbo Bakeries USA 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 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. Some jurisdictions may not allow the exclusion of
implied warranties, so the foregoing may not apply to You.
Bimbo Bakeries USA 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.
Bimbo Bakeries USA does not endorse any third party websites not under the control or operation of Bimbo
Bakeries USA, 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, Bimbo Bakeries USA does not
endorse the site operator or the content of the linked third party website.
United States Only
Unless otherwise specified, this Site and material provided on this Site are solely for promoting products,
programs, and business operations within the United States. 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. Bimbo Bakeries USA 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.
User Submission Guidelines
Through both specific requests (such as contests and sweepstakes) and unsolicited means, Bimbo Bakeries USA
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 Bimbo Bakeries
USA may also permit the hosting, sharing, and/or publishing of such User Submissions at the Site, in Bimbo
Bakeries USA'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, Bimbo Bakeries USA 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.
Bimbo Bakeries USA may reject any User Submission it determines does not meet any of the criteria set forth in these
User Submission Guidelines. Also, Bimbo Bakeries USA reserves the right not to accept any User Submission for any
reason, or no reason at all, if in its sole discretion Bimbo Bakeries USA does not believe that the User Submission
is appropriate for the Site. Bimbo Bakeries USA will not advise You as to the reason why Your User Submission has not
been accepted. Bimbo Bakeries USA may elect to post User Submissions that Bimbo Bakeries USA 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.
Bimbo Bakeries USA 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 Bimbo Bakeries USA's sole discretion.
If You choose to submit a User Submission to the Site, You hereby grant to Bimbo Bakeries USA and its designees a perpetual,
irrevocable, non-exclusive, fully-paid up, royalty-free, sublicenseable 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 Bimbo Bakeries USA 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 Bimbo Bakeries USA 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
indemnify and hold the Bimbo Bakeries USA 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 Bimbo Bakeries USA may pursue any remedies available under
the Terms and Conditions or at law.
You understand that Bimbo Bakeries USA 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 Bimbo Bakeries USA 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 Bimbo Bakeries USA 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 Bimbo Bakeries USA and its related entities. If Bimbo Bakeries USA 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 Bimbo Bakeries USA uses the foregoing rights.
Bimbo Bakeries USA 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
Bimbo Bakeries USA shall not be liable to You or to any third party for any suspension or discontinuance of acceptance of User Submissions.
Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State
of New York, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and
state courts of the State of New York shall have exclusive jurisdiction over all claims.
Bimbo Bakeries USA 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 address, telephone number and email address;
- A statement by You 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 above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
- Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
Bimbo Bakeries USA
255 Business Center Drive
Horsham, PA 19044
Termination. Your access may be terminated at any time and for any reason or for no reason by Bimbo Bakeries USA. You shall have
no recourse and Bimbo Bakeries USA 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 hereof.
Modification. Bimbo Bakeries USA 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. Bimbo Bakeries USA may, but is under no obligation to, provide You notice of such modifications
to these Terms and Conditions via email or other communication.
Any questions regarding these Terms and Conditions should be directed to the Bimbo Bakeries USA Webmaster: email@example.com.