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.
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.
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.
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 email@example.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 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.
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.
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").
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.
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.
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.
Last updated March 14, 2014.