BreadStorm™ logo

Bread Formulation Software

BreadStorm™ logo

Bread Formulation Software

Terms of Use

Introduction and Agreement

This web site (the "Site") is owned and operated by BreadStorm LLC ("BreadStorm"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Use. Click here to review the BreadStorm Privacy Policy.

Materials and Site Code

All information and content available on this Site (collectively, "Materials"), and all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Site Code"), are protected by copyright and other intellectual property laws. The Materials and Site Code are owned by BreadStorm and/or its respective licensors and suppliers (collectively, "Licensors"). You own your own content, photos, data, or other materials (collectively "Content") that you may submit to the Site.

Any unauthorized access to, reproduction, redistribution, publication, display, or other use of the Materials or Site Code is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

BreadStorm’s Marks

You acknowledge that the Materials and Site Code include certain business names, trademarks, service marks, logos, and brands ("Marks") owned by BreadStorm. Except as otherwise expressly permitted by BreadStorm on the Site, you agree not to copy, create derivative works of, modify, use, publicly distribute, or publicly display the Marks. You further agree that you will not alter or remove any copyright notices, trademark notices, or other notices from any copies of the Materials, and will not apply to register or use any Marks or any trademarks or service marks confusingly similar to or dilutive of the Marks. The "BREADSTORM" name and logo are trademarks of BreadStorm. Other product and company names herein may be trademarks of their respective owners.

Export Restrictions

BreadStorm Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US BreadStorm Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R104253 and thus may not be exported or re-exported from the US or downloaded by any person in any countries controlled for anti-terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, BreadStorm Software may not be exported or re-exported from the US or downloaded by any person or entity subject to US sanctions regardless of location. BreadStorm LLC is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.

Your Content

In the "Forums" sections of this Site, including but not limited to Cloud sharing of BreadStorm Bun Files, you may upload and submit your own Content. By submitting Content to the Site, you hereby grant to BreadStorm a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully-transferable, fully-sublicenseable right and license to copy, distribute, modify, display, perform, create derivative works from, and otherwise use and exploit all such Content for the purposes indicated in the Site. You further grant to BreadStorm a royalty-free right and license to use your name, image, and likeness in connection with the reproduction or distribution of the Content. You must be the owner of the Content, or have the prior written permission of the owner of the Content, to submit Content to the Site. Uploading copyrighted or other proprietary material of any kind or using the trademarks of third parties on the Site without the express permission of the owner is prohibited and may result in civil and/or criminal liability.

Copyrights and Copyright Agents

It is the policy of BreadStorm to respond to claims of intellectual property infringement. BreadStorm will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to the following Designated Agent for this Site: BreadStorm LLC, P. O. Box 1015, Chicago, IL 60690-1015. Notifications may also be sent to webmaster@breadstorm.com.

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BreadStorm Rights

BreadStorm cannot and does not monitor all of the Content posted or transmitted by you and other third-party information providers. BreadStorm reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move, or edit any Content without notice, at any time for any reason. By using the Site, you expressly agree that BreadStorm: (a) will not be liable for any claims, actions, or judgments arising out of or related to any Content and (b) may monitor, refuse to publish, remove, delete, move, or edit any Content without notice, at any time for any reason, without liability and without providing a refund.

Unsolicited Materials

BreadStorm does not accept unsolicited materials or ideas for use or publication in its Materials or Site Code or in other digital, electronic, or print media. BreadStorm and the Licensors shall not be responsible for the similarity of any of its Materials or Site Code to any Content transmitted to the Site.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Content that is patently offensive, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (b) submitting Content that could be harmful to minors; (c) submitting Content that harasses or advocates harassment of another person; (d) submitting Content, or promoting information that is fraudulent, false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; (e) submitting Content that displays pornographic or sexually explicit material of any kind; (f) submitting Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (g) using Materials or Content to engage in contests, sweepstakes, or pyramid schemes, without BreadStorm’s prior and express written consent; (h) using any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (i) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (j) decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code for the Software; or (k) taking any action that imposes an unreasonable or disproportionately large load on BreadStorm’s hardware and software infrastructure (collectively, "Prohibited Activities").

Linking

If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by BreadStorm. BreadStorm reserves the right to reject or terminate any links to the Content or the Site.

Representations/Indemnity

You hereby represent and warrant that: (a) you have all necessary authority, rights, and permissions to submit the Content to the Site; (b) the Content does not and will not infringe or misappropriate any copyright, trademarks, trade secret, patent, or other intellectual property right of any third party, including any rights of privacy or publicity; and (c) the Content does not and will not violate any applicable law or regulation, or cause injury to any person. You agree to release, defend, indemnify, and hold BreadStorm, its Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including attorneys’ fees, arising from: (i) the distribution, publication, refusal to publish, removal, deletion, movement, editing, or other use of the Content you provide; (ii) your use of the Site or any reliance on the Materials; (iii) your breach of these Terms of Use, including (without limitation) your engagement in any Prohibited Activities; and (iv) any actual, prospective, or terminated sale or other transaction between you and a third party.

Disclaimer of Warranties and Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS MATERIALS IS AT YOUR OWN RISK. BREADSTORM AND ITS THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SITE CODE, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SITE CODE, AND THE MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. BREADSTORM AND ITS THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. BREADSTORM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE MATERIALS. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

BreadStorm specifically disclaims any and all responsibility for any loss, claim, liability, or damage of any kind resulting from, arising out of, or relating to any errors or omissions in the Site, any third-party web sites accessed through links in this Site, the unavailability of this Site or any portion of this Site, your use of this Site, or your use of any equipment or software in connection with this Site.

Limitation of Liability

BREADSTORM AND ITS RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SITE CODE, CONTENT, MATERIALS, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service

You understand and agree that in BreadStorm’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and BreadStorm may exercise any other remedy available and remove any Content, if BreadStorm believes that your use of the Site and/or any Content you provide: (a) violates (i) these Terms of Use; (ii) the rights of BreadStorm, any Licensor, or third party; or (iii) any law or regulation, or are otherwise objectionable or inappropriate; or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to BreadStorm for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that BreadStorm post a bond. BreadStorm is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in BreadStorm’s sole discretion, you have violated these Terms of Use.

Effect of Termination

Upon termination or suspension of your access to this Site, you agree to cease all sale, copying, modification, distribution, display, performance, or any other use of any portion of the Materials including any Materials bearing your Content, BreadStorm’s Marks, and/or BreadStorm’s copyrighted content, and you agree to destroy all physical and electronic copies of these Materials.

Miscellaneous

These Terms of Use may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Use on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. BreadStorm may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability. This Site may include links to other web sites not established or supervised by BreadStorm or any Licensor. BreadStorm and its Licensors do not endorse, sponsor, or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products, or services related to or made available through such linked websites. These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Chicago, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Chicago, Illinois, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Failure by BreadStorm to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. These Terms of Use constitute the entire agreement between the parties regarding the subject matter hereof. Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, agency relationship, or granting a franchise between the parties.

Last updated March 14, 2014.


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