Terms and Conditions
Last revised October 17, 2010
THIS WEBSITE IS OWNED AND OPERATED BY BAGEL SPICE, LLC. PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE BAGEL SPICE, LLC ("BAGEL SPICE") WEBSITES (THE "SITES"). WHEN YOU AGREE TO USE OUR SITE, YOU AUTOMATICALLY AGREE TO THEM. THANK YOU FOR VISITING OUR SITES.
This agreement ("Agreement") governs your use of the Site and your access to and use of the content, postings, links, pages, services, and/or other materials offered on the Sites and any other sites Bagel Spice may make available and any lower level domains of the foregoing (which, collectively, constitute the "Services"). By accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by Bagel Spice on the Sites. All these rules are incorporated into this Agreement by this reference.
1. Ownership. All software, content and materials used or appearing on the Site are the exclusive property of Bagel Spice or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Services is permitted without the prior written consent of Bagel Spice and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Services. If we request or permit the submission of your opinions and/or ideas, then prior to making the submission, you may be required to sign an agreement prepared by Bagel Spice that confirms that all opinions, ideas, suggestions, and other feedback submitted by you may be used by Bagel Spice without any restriction or limitation, and free of charge.
2. Individual Use. You are only authorized to visit, view and to retain copies of pages of this Site solely for your own individual use. You may not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless authorized by Bagel Spice in writing.
3. Third Party Intellectual Property Rights. You may not use the Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
5. Links. Occasionally Bagel Spice provides links to other websites from the Sites. Bagel Spice attempts to insure that each of the links from the Sites is appropriate for its consumers. However, Bagel Spice does not endorse linked sites and Bagel Spice is not responsible for the content of any linked site.
6. Right to Revise this Agreement. Bagel Spice has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, "Additional Terms") on your use of the Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by Bagel Spice to the Site. Use of the Site following such notice indicates your acceptance of all such Additional Terms.
7. Revision/Termination of the Services. Bagel Spice has the right, at any time, to modify or discontinue, temporarily or permanently, the Services, and/or to refuse or restrict anyone from access to any of the Services, with or without notice and in its sole discretion. Bagel Spice shall not be liable for any modification, suspension or discontinuance of any Services.
8. Bage Spice Makes No Warranties. YOU USE THE SITES AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. BAGEL SPICE DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, BAGEL SPICE DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
9. Limitation of Liability. BAGEL SPICE IS NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAGEL SPICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BAGEL SPICE FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
10. Choice of Law. The Services are controlled by Bagel Spice from within the State of Pennsylvania, USA. By accessing the Services, you agree that the laws of the State of Pennsylvania, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Pennsylvania, USA. Regardless of any law to the contrary, any claim or cause of action related to the Services must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
11. Miscellaneous Terms. This Agreement constitutes the entire agreement between you and Bagel Spice with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and Bagel Spice relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with Bagel Spice pursuant to a registration to access certain features of the Site. The failure of Bagel Spice to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 parties¹ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. Bagel Spice¹s Services are not intended for use by or availability to minors.