Terms of Use for www.bakemarkinternational.com
Last Updated and Effective As Of: 11 August
2006
By using this web site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the "Terms
of Use"). If you do not agree to these Terms of Use please do not
use this web site.
BakeMark International reserves the right, at its discretion,
to update or revise these Terms of Use from time to
time. BakeMark International will notify you by posting
those changes on this page and updating the "Last Updated" date
specified above.
Proprietary Rights
You acknowledge and agree that all content and materials
available on this web site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights
and laws. Except as expressly authorized by BakeMark International,
you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one
copy of the materials or content on this web site on any single
computer for your personal, non-commercial use, provided you keep
intact all copyright and other proprietary notices. Systematic
retrieval of data or other content from this web site to create or
compile, directly or indirectly, a collection, compilation,
database or directory without written permission from BakeMark
International is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in these Terms
of Use is prohibited.
As noted above, reproduction, copying, or redistribution for
commercial purposes of any materials or design elements on this web
site is strictly prohibited without the express written permission
of BakeMark International. Permission is granted only when certain
limited criteria are met. For information on requesting such
permission, please send correspondence to the email or mailing
address at the end of these Terms of Use.
User Contributions to the Web Site
There may be opportunities for you to contribute to this web
site and to communicate with other users of this web site. The
contents of this web site include, among others, uploading
comments, articles, links, software, or other materials. BakeMark
International is not liable or responsible for any content provided
by the users or other third parties to or in connection with this
web site or to other users of this web site by email ("User
Content"). The contributions of third parties do not necessarily
represent the view or opinions of BakeMark International. BakeMark
International can not preview User Content before it appears or is
sent to another user. Users can be held liable for any illegal or
prohibited User Content they provide to this web site or to other
users, including among other things, infringing, defamatory or
offensive materials. However, if you discover this kind of material
on the web site, please notify CSM Bakery Supplies Mexicana at
info@bakemarkint.com. BakeMark International will
investigate your claim and take action as BakeMark International
deems appropriate.
Prohibited Content
The following is a partial list of the kind of Content or
conduct which is illegal or prohibited on this web site. You agree
not to supply or transmit on or through this web site any Content
that:
• Is patently offensive to the online community, such as
Content that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
• Is or could be harmful to minors;
• Harasses or advocates harassment of another
person;
• Involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
• Promotes information that you know is false,
misleading, or promotes illegal activities or conduct;
• Interferes with or disrupts the service or servers or
networks connected to the service, or disobeys any requirements,
procedures, policies or regulations of networks connected to the
service;
• Is abusive, threatening or obscene;
• Is or promotes an illegal or unauthorized copy of
another person’s work, such as providing pirated computer
programs or links to them, or provides information to circumvent
manufacture installed copy-protect devices;
• Contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another
accessible page);
• Displays pornographic material of any kind;
• Provides instructional information about illegal
activities such as making or buying illegal weapons;
• Violates someone’s privacy;
• Provides or creates computer viruses;
• Solicits passwords or other personal identifying
information for commercial or unlawful purposes from other
users;
• Engages in commercial activities and/or sales without
our prior written consent such as
contests, advertising, etc.; and
• Involves sending unsolicited and/or unauthorized email
to third parties.
User’s Grant Of Limited License
By posting or submitting content to this web site, you grant
BakeMark International and its affiliates, officers, employees,
agents, representatives, owners, directors and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute,
have distributed and promote the content in any form, anywhere and
for any purpose. You further warrant and represent that you own or
otherwise control all of the rights to the content and that public
posting and use of your content by BakeMark International will not
infringe or violate the rights of any third party. Notwithstanding
the foregoing, BakeMark International agrees that it shall only
use, reproduce, display, perform, adapt, modify, distribute, have
distributed and promote any personally identifiable information
submitted by you in accordance with our Privacy Policy or as
otherwise authorized by you.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS WEB SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE". THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT. BakeMark International DOES NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR
INFORMATION OBTAINED BY YOU FROM BakeMark International’s
PERSONNEL OR THROUGH THIS WEB SITE OR BakeMark International's
SERVICES OR PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVIDED FOR IN THESE TERMS OF USE. YOUR USE OF THIS WEB SITE IS
SOLELY AT YOUR RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, AND THUS THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BakeMark International
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF BakeMark International HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), NO MATTER HOW THOSE DAMAGES
WERE CAUSED OR AROSE. IN NO EVENT SHALL BakeMark
International’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS WEB SITE
SHALL BE DOWNLOADED OR OBTAINED AT YOUR SOLE RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Indemnification
Upon BakeMark International's request, you agree to defend,
indemnify, and hold harmless BakeMark International and its
affiliated companies, and their shareholders, employees,
contractors, officers, agents, representatives, licensees and
directors from all liabilities, claims, and expenses, including
attorney’s fees that arise from your use or misuse of this
web site. BakeMark International reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with
BakeMark International in asserting any available defenses.
Severability and Integration
Unless otherwise specified herein, this agreement, together with
our Privacy Policy constitutes the entire agreement between you and
BakeMark International with respect to this web site and supersedes
all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and BakeMark
International with respect to this web site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and
the remaining portions shall remain in full force and effect.
Termination
BakeMark International reserves the right, in its sole
discretion, to terminate your access to all or part of this web
site at any time, with or without notice.
Changes to Terms of Use
From time to time, BakeMark International may change these Terms
of Use. Your continued use of this web site following the posting
of any changes to the Terms of Use constitutes acceptance of those
changes. BakeMark International will notify you by posting any
changes on this page and updating the "Last Updated" date specified
above.
Contacting the Web Site
If you have any questions about this Terms of Use agreement, the
practices of this web site, or your dealings with this web site,
you can contact:
BakeMark International
info@bakemarkint.com
© 2004-2006 BakeMark International. All rights
reserved.