TERMS OF USE

Welcome to the BAKED FX web site

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE DO NOT ACCESS OR USE THIS SITE.

 

THIS WEB SITE (THE “SITE”) IS OWNED AND OPERATED EXCLUSIVELY BY BAKED GOODS, INC., AND ITS RELATED COMPANIES OR DIVISIONS, (COLLECTIVELY KNOWN AS “BAKED FX”) AND IS AVAILABLE SUBJECT TO THE TERMS OF USE (THE “TERMS) CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY, AND ANY SUCCESSOR PAGES THERETO.

Agreement to Terms

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS SITE. BAKED FX RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME BASED ON INTERNET TECHNOLOGY, APPLICABLE LAWS, RULES OR REGULATIONS. YOUR CONTINUED USE OF THIS SITE AND ANY SERVICES OFFERED, CONSTITUTE YOUR CONSENT TO ANY CHANGES, MODIFICATIONS, ADDITIONS OR REMOVAL OR ANY PORTION OF THE TERMS AND YOU AGREE TO ABIDE AND BE BOUND BY SUCH CHANGES.

Proprietary Content

THIS SITE IS OWNED AND OPERATED EXCLUSIVELY BY BAKED FX AND ITS RELATED COMPANIES OR DIVISIONS. ALL CONTENT DISPLAYED ON THIS SITE, INCLUDING BUT NOT LIMITED TO DESIGN, GRAPHICS, LOGO, MOVING OR STILL IMAGES, SOFTWARE COMPILATIONS, SOURCE CODE, TEXT, MUSIC, SOUND, ARTWORK, CHARACTERS, AND ANY OTHER CONTENT DISPLAYED ON THIS SITE (COLLECTIVELY KNOWN AS THE “CONTENT”) IS OWNED AND CONTROLLED BY BAKED FX AND PROTECTED BY UNITED STATES COPYRIGHT LAW, TRADEMARK LAW, PATENT LAW AND OTHER APPLICABLE LAWS. ALL CONTENT CONTAINED WITHIN THIS SITE IS PROPRIETARY TO AND OWNED BY BAKED FX AND MAY NOT BE REPRODUCED, COPIED, REPUBLISHED, DISTRIBUTED, MODIFIED, INFRINGED UPON OR USED IN ANY MANNER, EXCEPT AS EXPRESSLY AUTHORIZED BY BAKED FX. WHEN USING THIS SITE, YOU AGREE THAT USE OF THE CONTENT IS STRICTLY PROHIBITED.

User Submissions

THIS SITE ENABLES YOU TO MAKE CONTENT AVAILABLE TO OTHER USERS AND THE GENERAL PUBLIC (COLLECTIVELY KNOWN AS “USER SUBMISSIONS”). YOU ARE SOLELY RESPONSIBLE FOR USER SUBMISSIONS YOU MAKE OR CAUSE TO BE MADE BY ANY MEANS AND FOR THE CONSEQUENCES OF POSTING OR PUBLISHING SAID CONTENT. WITH REGARD TO USER SUBMISSIONS, YOU AGREE, AFFIRM, REPRESENT, AND/OR WARRANT THAT:

 

• YOU OWN OR HAVE THE RIGHTS, LICENSES, CONSENTS, AND PERMISSIONS NECESSARY TO AUTHORIZE BAKED FX TO USE YOUR USER SUBMISSIONS

 

• YOU HAVE THE WRITTEN CONSENT, RELEASE, AND/OR PERMISSION OF ALL IDENTIFIABLE INDIVIDUALS IN THE USER SUBMISSION TO USE THE NAME OR LIKENESS OF SAID
INDIVIDUALS INCLUDEDBAKED FX IN THE USER SUBMISSION

 

• YOU INDEMNIFY AND HOLD BAKED FX HARMLESS FROM AND AGAINST ANY LIABILITY, CLAIMS, LOSSES, DEMANDS OR DAMAGES ARISING OUT OF OR RELATING TO
BAKED FX’S USE OF YOUR USER SUBMISSIONS

 

• BAKED FX DOES NOT GUARANTEE THAT ANY USER SUBMISSIONS WILL BE MADE AVAILABLE ON THIS SITE

 

• USER SUBMISSIONS THAT YOU MAKE PUBLIC WILL BE MADE AVAILABLE TO VIEW AND DOWNLOAD BY ANY VISITOR TO THIS SITE

 

• USER SUBMISSIONS THAT ARE NOT PUBLIC WILL BE MADE AVAILABLE TO VIEW AND DOWNLOAD BY ANY EMPLOYEE OR USER WITH ACCESS TO THE PROJECT TO WHICH THE
CONTENT IS SUBMITTED

 

• BAKED FX CAN NOT GUARANTEE THE CONFIDENTIALITY OF USER SUBMISSIONS EVEN IF UPLOADED TO AN AREA OR WITH A FEATURE THAT CLAIMS, OR APPEARS, TO
BE INACCESSIBLE TO THE PUBLIC

 

• AT IT’S SOLE DISCRETION BAKED FX MAY, AT ANY TIME, WITH OR WITHOUT NOTICE, REMOVE OR BLOCK ACCESS TO ANY USER SUBMISSIONS TO THE SITE

YOU RETAIN ALL OWNERSHIP RIGHTS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, FOR ANY OF YOUR USER SUBMISSIONS. HOWEVER, BY SUBMITTING THE USER SUBMISSIONS TO THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU GRANT BAKED FX WORLDWIDE, NONEXCLUSIVE, PERPETUAL, ROYALTY-FREE, IRREVOCABLE AND TRANSFERABLE LICENCE TO USE, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM THE USER SUBMISSIONS.

 

Links to Other Sites

THIS SITE MAY BE LINKED TO OTHER SITES AS A CONVENIENCE TO USERS OF THIS SITE. ANY LINK IS CONSIDERED ENTIRELY INDEPENDENT OF BAKED FX AND IS SOLELY AT THE USER’S OWN RISK. BAKED FX DOES NOT ENDORSE OR RECOMMEND ANY SUCH LINKED SITES AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH REGARD TO ANY MATERIAL CONTAINED ON ANY LINKED SITE.

 

INDEMNITY AND LIMITATION OF LIABILITY USE OF THIS SITE CONSTITUTES AN AGREEMENT TO INDEMNIFY AND HOLD BAKED FX AND ITS RELATED COMPANIES OR DIVISIONS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES ASSOCIATED WITH BAKED FX (COLLECTIVELY REFERRED TO AS THE “PARTIES”), HARMLESS FROM, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS, DEMANDS, LOSSES, JUDGEMENTS, SETTLEMENTS, OR EXPENSES RELATING TO OR ARISING FROM YOUR USE OF THIS SITE. THIS SITE IS PROVIDED FOR USE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BAKED FX IS NOT LIABLE FOR AND DISCLAIMS ALL WARRANTIES FOR YOUR CONNECTION TO THIS SITE, YOUR FAILURE TO ABIDE BY THESE TERMS, YOUR VIOLATION OF ANY CONDITIONS OF THESE TERMS, OR ANY INDIRECT, INCIDENTAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY LINKED SITE.

Prohibited Conduct

THIS SITE MAY NOT BE USED IN A MANNER THAT COULD DAMAGE, DISABLE, OR IMPAIR THIS SITE OR ANY OTHER SITE AND MAY NOT BE USED TO INTERFERE WITH ANY OTHER PARTY’S USE OR ENJOYMENT OF THIS SITE OR ANY OTHER SITE. THIS SITE MAY NOT BE USED TO GAIN UNAUTHORIZED ACCESS TO ANY SITE, ACCOUNTS, SYSTEMS, OR NETWORKS CONNECTED TO THIS SITE OR ANY OTHER SITE THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE THROUGH THIS SITE.

Governance

THIS SITE IS OWNED AND OPERATED BY BAKED FX, LLC FROM ITS OFFICES WITHIN THE STATE OF CALIFORNIA AND IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. IN THE EVENT THAT ANY ACTION ARISES RELATED TO THIS SITE OR THESE TERMS, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE COURTS OF THE STATE OF CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER YOU AND YOUR CASE.

Termination

YOU AGREE THAT BAKED FX RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT OR YOUR ACCESS TO THIS SITE AT ITS SOLE DISCRETION. SUCH TERMINATION MAY BE INVOKED WITHOUT PRIOR NOTICE AND YOU AGREE THAT BAKED FX SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ENFORCING THEIR RIGHT OF TERMINATION.

Entire Agreement

THIS TERMS OF USE IS THE ENTIRE AGREEMENT BETWEEN BAKED FX AND YOU RELATING TO YOUR USE OF THIS SITE. THE TERMS MAY NOT BE MODIFIED BY YOU EXCEPT IN A DOCUMENT THAT IS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF BAKED FX. BAKED FX MAY MODIFY THESE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE. REVIEW OF THE TERMS IS RECOMMENDED EACH TIME YOU USE THIS SITE HOWEVER YOUR FAILURE TO REVIEW THE TERMS DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO ABIDE BY THESE TERMS.