Welcome! Following is all the legal stuff we have to print. Please read it (we'll take your word for it!)
and click your acceptance below. Thanks for your understanding as we navigate
together this litigious society we live in.
?Terms of Service (TOS)
1. ACCEPTANCE OF TERMS
Welcome! As a member of bakingcircle.com you will enjoy certain benefits that are only available to members. Your membership and the services provided are subject to the following Terms of Service ("TOS"), which maybe updated by us from time to time without notice to you. You may review the current version of the TOS at any time by visiting: http://www.kingarthurflour.com/bakingcircle/tos. In addition, when using a particular service of Baker's Catalogue, Inc. you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated into and merged with the TOS. If you are a previous Round Table member (member before 8/20/01), you are hereby subject to the current version of the TOS.
2. DESCRIPTION OF MEMBERSHIP/SERVICE
Baker's Catalogue, Inc. offers access to several resources, communication tools, forums, personalized content and branded programming through its network of properties and affiliations (the "Service"). You understand that the Service is provided "AS-IS" and "AS-Available" and that Baker's Catalogue, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless explicitly stated otherwise, any new features that augments or enhances the current Service shall be subject to the TOS.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or the delivery of advertisements as well as the Service itself. In Addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR MEMBERSHIP OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide an accurate and functioning e-mail address and to accept Baker's Catalogue Round Table e-mails. In the event, that your e-mail address is found incorrect or that you unsubscribe to the Round Table e-mails or request to unsubscribe from Round Table e-mails, Baker's Catalogue, Inc. has the right to suspend or terminate your account as well as Bakers Points and refuse any and all current or future use of the Service (or any portion thereof).
(b) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Baker's Catalogue, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Baker's Catalogue, Inc. has the right to suspend or terminate your account as well as Bakers Points and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Baker's Catalogue, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Baker's Catalogue, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Baker's Catalogue, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Impersonate any person or entity, including, but not limited to, a Baker's Catalogue, Inc. employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any regulations having the force of law;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post, email, transmit or otherwise make available any material or access to material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. "Stalk" or otherwise harass another;
k. Collect or store personal data about other users; or
l. harm minors in any way.
You acknowledge that Baker's Catalogue, Inc. does not pre-screen Content, but that Baker's Catalogue, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Baker's Catalogue, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to Baker's Catalogue, Inc., including without limitation information in Bakingcircle.com Message Boards, and in all other parts of the Service.
You acknowledge and agree that Baker's Catalogue, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Baker's Catalogue, Inc., its users and the public. Recipes, ideas for recipes or cooking/baking suggestions that are posted on our web sites, (kingarthurflour.com, bakingcircle.com and RoundTable.com) become the sole property of King Arthur Flour Company and can be used by the company in future web or other publishing ventures.
5. INDEMNITY
You agree to indemnify and hold Baker's Catalogue, Inc., and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
6.NO RESALE OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, Content within the Service, use of the Service, or access to the Service.
7. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites. Baker's Catalogue, Inc. has no control over such sites and resources, you acknowledge and agree that Baker's Catalogue, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Baker's Catalogue, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAKER'S CATALOGUE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND
b. BAKER'S CATALOGUE, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM BAKER'S CATALOGUE, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAKER'S CATALOGUE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, 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 BAKER'S CATALOGUE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10. TRADEMARKS
Baker's Catalogue, Baker's Catalogue, Inc., the Baker's Catalogue logo, King Arthur Flour Company, the King Arthur Flour Company logo, Bakingcircle, bakingcircle.com, the Bakingcircle logo and other Baker's Catalogue, Inc. and King Arthur Flour Company logos, products, and service names are trademarks of Baker's Catalogue and King Arthur Flour Company, respectively. You agree to not display or use in any manner the trademarks without prior permission.
11. GENERAL INFORMATION
The TOS constitute the entire agreement and supersedes any prior agreements between you and Baker's Catalogue, Inc. and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Baker's Catalogue, Inc. shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. You and Baker's Catalogue, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Vermont. The failure of Baker's Catalogue, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience and reference only and have no legal or contractual effect.
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