Terms of Service
Last Updated: October 19, 2022
The Baking Notification Project, LLC. (“Baking Notification Project,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://www.thebakingnotificationproject.com (the “Site”) and through its content and related services (collectively the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE BAKING NOTIFICATION PROJECT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Access and Use of the Service
Services Description: We connect local bakers with customers in their neighborhood to solve a hobby baker problem: you love to bake, but you can’t eat it all. The Baking Notification Project is a low-cost, automated SMS platform that allows hobby bakers to send text messages about baked goods they’d like to share with their neighbors. Users who sign up to receive text messages through the Service are "Subscriber(s)" and users who list, prepare and offer baked goods through the Service are "Baker(s)." A user may be both a Subscriber and Baker. All transactions and interactions are made directly between the Subscriber and Baker.
Our Service facilitates a Subscriber's ability to sign up for a Baker's notifications, it is not itself a Baker and is not a party to any transaction between Bakers and Subscribers. We may also help facilitate the resolution of disputes between our Subscribers and Bakers, but the Baking Notification Project has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of baked goods offered or sold on the Service; (b) the truth or accuracy of a Baker’s content or listings on the Service; (c) the ability of a Baker to offer baked goods through the Service and deliver food items within required delivery windows; (d) the ability of Subscribers to receive baked goods requested through the Service; or (e) that a Subscriber or Baker will actually complete a transaction, effectuate trouble-free delivery and shipping, or return a baked good through the Service.
Each Baker is solely responsible for complying with all applicable laws, rules and regulations and standards, including but not limited to those pertaining to the preparation, offering, marketing, and packaging of all food items ordered through the Baking Notification Project, and updating details relating to the food items offered. Each Baker is solely liable for the quality, safety, and freshness of its products, and the Baking Notification Project does not verify the credentials, representations, products, services or prices offered by any Bakers, and does not guarantee the quality of the product or services, or that Bakers or food items comply with applicable laws. The Baking Notification Project will not be liable or responsible for any food items provided by Bakers that are a cause of injury or that do not meet your expectations in any manner.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content (including baked good options or Baker or Subscriber information) to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to receive text messages and other communications from the Baking Notification Project, Bakers, and Subscribers (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we, Bakers, and Subscribers may communicate with you regarding the Baking Notification Project by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Baking Notification Project via email at email@example.com to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Consent; Mobile Services: By registering for and using the Baking Notification Project and providing your contact information, you are consenting to be contacted by the Baking Notification Project or any of its business partners, Bakers, or Subscribers by telephone, text message (which may be automated), email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from the Baking Notification Project or its business partners, you can opt-out by responding “CANCEL” to a text from the Baking Notification Project or emailing firstname.lastname@example.org.
Your Registration Obligations: You will be required to register with the Baking Notification Project in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. The Service is available only to individuals who form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the Service (both Subscribers and Bakers). If you do not qualify, please do not use the Service. Additionally, the Baking Notification Project reserves the right to refuse access to, or use of the Service to, anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account and Security: You are responsible for maintaining the confidentiality of your account, if any, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify the Baking Notification Project of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Baking Notification Project will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: The Baking Notification Project reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Baking Notification Project shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that the Baking Notification Project may establish general practices and limits concerning use of the Service. You agree that the Baking Notification Project has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that the Baking Notification Project reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Baking Notification Project reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
Independent Contractors: Users of the Service acting in the capacity of a Baker do so in their personal capacity as an independent contractor and not as an employee of the Baking Notification Project. As a Baker, you agree that: (i) you will accept any directions issued by the Baking Notification Project pertaining to the goals to be attained and the results to be achieved by Bakers generally, but you shall be solely responsible for the manner and hours in which your services are performed; (ii) you are responsible for and will comply with all applicable laws and registration requirements, including those applicable to independent contractors and maximum working hours regulations; (iii) these Terms of Service do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and the Baking Notification Project, or you and a Subscriber; (iv) you will not represent yourself as an employee or agent of Baking Notification Project or any Subscriber; (v) you will not be entitled to any of the benefits that the Baking Notification Project may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (vi) you are not eligible to recover contributor's compensation benefits in the event of injury. As a Baker, you will not engage a Subscriber in any way that may jeopardize your status as an independent contractor.
User Conduct: You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “upload”), email, text, or otherwise use via the Service.
The Baking Notification Project does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, we do not guarantee or endorse the legality, authenticity, quality, or safety of any baked goods offered or sold, the truth or accuracy of any listings, or the ability of Bakers to sell baked goods or Subscribers to buy baked goods. We do not assure that all transactions will be completed. Additionally, we do not guarantee the ability or intent of users to fulfill their obligations in any transactions. The Baking Notification Project reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting the Baking Notification Project and its users from illegal or wrongful activities or other violations of these Terms of Services.
The following are examples of the kind of content and/or use of the Service that is illegal or prohibited by the Baking Notification Project. The Baking Notification Project reserves the right to investigate and take appropriate legal action against anyone who, in the Baking Notification Project’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- sell, post or otherwise transmit any content or information relating to a baked goods offering or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) 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; or (vii) in the sole judgment of the Baking Notification Project, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose the Baking Notification Project or its users to any harm or liability of any type; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services other than food items intended to be prepared, sold and purchased through the Service;
- use the Service to request, make or accept food items independent of the Service, to circumvent any fees that would otherwise apply to such transaction;
- 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;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
User Representations, Warranties and Agreements. All Subscribers and Bakers represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into the Terms of Service and to abide by the terms and conditions therein, and that you will so abide;
- You will respect the privacy (including without limitation private, family and home life) and data protection rights of users with whom you communicate through the Service;
- You will fulfill the commitments you make to other users, communicate clearly and respectfully, accept and provide baked goods at the agreed time and only utilize the third-party payment service provider specified or approved by us to make or receive payment through the Service;
- You will act professionally and responsibly in your interactions with other users;
- You will use your real name or business name on your profile;
- You do not have any motivation, status, or interest that we may reasonably wish to know about in connection with the Service, including without limitation, if you are using or will or intend to use the Service for any journalistic, academic, investigative, or unlawful purpose.
Baker Representations, Warranties and Agreements. All Bakers represent and warrant that:
- You have the unrestricted right to earn income in the jurisdiction in which you will be acting as Baker;
- If you offer baked goods in a jurisdiction that requires you to have a license(s) and/or tax registration, you have the required license(s) or tax registration;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering baked goods through the Service;
- You have any and all insurance required to operate as a Baker and offer baked goods through the Service;
- You will honor your commitments to other users of the Service, including by fulfilling product orders on time and as agreed upon with your Subscribers and providing timely, high-quality baked goods to your Subscribers;
- You will only offer baked goods safely and in accordance with all applicable laws;
- For each item you offer, you will disclose each and every ingredient to your Subscribers including but not limited to each major allergen as defined by local, state or federal law;
- You will only bake in a location that you are permitted by law to cook food;
- You agree not to market your baked goods in a false or misleading manner including but not limited to not making false representations or claims about the nutritional value of your baked goods or making false representations or claims about the association of the baked goods with us.
Baker’s Facilities: In addition to the foregoing conduct restrictions, to the extent you are a Baker, you represent and warrant that your use of the Services to market, advertise and sell food items does not violate any applicable law or regulation, . including but not limited to the California Retail Food Code (excerpted from the California Health and Safety Code). For Bakers located in California, you represent and warrant that, if applicable, you prepare and provide baked goods using a qualified (i) "Food Facility" (as defined in Section 113789 of the California Retail Food Code, as amended); (ii) "Food Processing Establishment" (as defined in Section 111955 of the California Retail Food Code, as amended); or (iii) "Cottage Food Operation" (as defined in Section 113758 of the California Retail Food Code, as amended). To the extent you are a Baker preparing and providing baked goods out of a food facility qualifying only as a "Microenterprise Home Kitchen" (as defined in Section 113825 of the California Retail Food Code, as amended), you further represent and warrant that you are in compliance with the terms of Chapter 11.6 of the California Retail Food Code, as amended, which requires, among other things, that: a) You operate your microenterprise home kitchen in a city or county where the governing body has authorized by ordinance or resolution the permitting of microenterprise home kitchen operations; b) You have submitted to the local enforcement agency written standard operating procedures that include the following information: (i) all food types or products that will be handled, (ii) the proposed procedures and methods for food preparation and handling, (iii) procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse; (iv) how food will be maintained at the required holding temperatures, pending pickup by Subscribers or during delivery; and (v) days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation; c) You have successfully (i) passed an approved and accredited food safety certification examination, (ii) passed an inspection and (iii) received a permit to operate issued from the local enforcement agency; d) Your permit to operate a microenterprise home kitchen operation received from the local enforcement agency remains valid and in full effect; e) Any person delivering baked goods on behalf of your permitted microenterprise home kitchen operation is an employee or a family/household member of yours, and if such a person drives a motor vehicle to deliver baked goods, the person has a valid driver's license; f) You have no more than one full-time equivalent food employee, not including a family member or household member; h) Your baked goods are prepared, cooked and served to Subscribers on the same day; i) Your baked goods are consumed either (i) onsite at your microenterprise home kitchen or (ii) offsite if the food is picked up by the consumer or delivered within a safe time period; j) Your baked goods preparation does not involve processes that require or handle raw milk or require a HACCP plan; k) Your baked goods do not include raw oysters; l) You do not prepare more than 30 individual baked goods per day, and no more than 60 baked goods per week; m) Your operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index; and n) You offer baked goods only to Subscribers who are consumers rather than wholesaler or retailers.
We make no representation or claims about the applicability of these laws to your operations. For further information on California's regulations regarding microenterprise home kitchens, please review the resources provided by the Cook Alliance at www.cookalliance.org. We do not guarantee the accuracy of information or endorse any opinions contained on the Cook Alliance website.
Ingredients and Allergens: For any particular baked good and related content posted using the Service, a Baker shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the baked good, including any known allergens. The Baking Notification Project is not responsible for the accuracy of the information and labeling of baked goods delivered to Subscribers. Subscribers should be advised that baked goods may be prepared in facilities using the same equipment that is used to prepare baked goods containing other allergens even if the allergen is marked as being absent from the food. The Baking Notification Project shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any baked good and related items obtained through the Service.
Baker Insurance: We maintain insurance for our own business operations but we do not maintain insurance for the actions of Bakers or Subscribers. If you are a Baker, we recommend that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of baked goods. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Subscribers or any third-party service.
Marketplace Risk: We are not affiliated or endorsed by a Baker. Beyond its capacity as a marketplace and technology platform, the Baking Notification Project is not involved in any transaction between Subscribers and Bakers, and does not act as a Subscriber, Baker (or affiliate for a Subscriber or Baker) or broker with respect to any transactions. There are risks that you assume when dealing with other users and all of these risks are borne by you, and not the Baking Notification Project. We encourage you to use the various functionalities of the Service (e.g., Baker profiles) to help evaluate the user with whom you are dealing. *We do not certify that Bakers are licensed or that they are following applicable federal, state or local rules or regulations pertaining to food preparation. If you are a Baker, we recommend that you thoroughly research and follow all applicable rules, regulations and guidelines. As a Subscriber, there are risks that you assume when ordering baked goods from a Baker and all of these risks are borne by you, and not us.
Commercial Use: Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Service. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, sublicense, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Unless explicitly stated by us, nothing in these Terms of Service shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of the Baking Notification Project or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Purchase and Sale Transactions
Fees: The Baking Notification Project charges Bakers a recurring monthly tiered fee to register for the Service; Bakers charge Subscribers certain recurring monthly fees for various transactions effected through the Service. Unless otherwise stated, all fees are quoted in U.S. dollars.
Taxes; Baker Responsibility: “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Bakers represent and warrant that any baked good posted and provided via the Service will be in compliance with any applicable tax requirements. It is your personal responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax.
Fee Modifications: The Baking Notification Project reserves the right to change temporarily or permanently, some or all of the fees for the Service. Any change will be effective upon posting of a revised Fee Policy. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Payment processing services for Subscribers or Bakers on the Baking Notification Project are provided by Square and are subject to the Square Terms of Service. By continuing to operate as a Subscriber or a Baker on the Baking Notification Project, you agree to be bound by the Square Terms of Service, as the same may be modified by Square from time to time. As a condition of the Baking Notification Project enabling payment processing services through Square, you agree to provide the Baking Notification Project accurate and complete information about you and your business, and you authorize the Baking Notification Project to share it and transaction information related to your use of the payment processing services provided by Square.
Intellectual Property Rights
Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Baking Notification Project, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by the Baking Notification Project from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and non-downloadable software underlying the Service or distributed in connection therewith are the property of the Baking Notification Project, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Baking Notification Project.
The Baking Notification Project name is a trademark and service mark of the Baking Notification Project. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Baking Notification Project trademark displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Baking Notification Project trademark will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will the Baking Notification Project be liable in any way for any content or materials of any third parties (including users), 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 such content. You acknowledge that the Baking Notification Project does not pre-screen content, but that the Baking Notification Project and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Baking Notification Project and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Baking Notification Project, in its sole discretion, to be 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.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant the Baking Notification Project and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to the Baking Notification Project are non-confidential and non-proprietary, and the Baking Notification Project will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that the Baking Notification Project 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Baking Notification Project, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: The Baking Notification Project respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Baking Notification Project of your infringement claim in accordance with the procedure set forth below. The Baking Notification Project will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Baking Notification Project Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within the District of Tennessee and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Baking Notification Project will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, the Baking Notification Project has adopted a policy of terminating, in appropriate circumstances and at the Baking Notification Project’s sole discretion, users who are deemed to be repeat infringers. The Baking Notification Project may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Services and Content
We may display content, advertisements and promotions from third parties through our Services, in connection with delivery of the items or as part of the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that The Baking Notification Project is not responsible or liable in any manner for such interactions or Third Party Content.
Indemnity and Release
You agree to release, indemnify and hold the Baking Notification Project and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BAKING NOTIFICATION PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE BAKING NOTIFICATION PROJECT 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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BAKING NOTIFICATION PROJECT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BAKING NOTIFICATION PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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. IN NO EVENT WILL THE BAKING NOTIFICATION PROJECT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE BAKING NOTIFICATION PROJECT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
THE INVALIDITY OF THIS PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
You agree that any dispute, controversy, or claim arising out of or relating to these Terms of Service or the validity, enforcement, breach, termination, or interpretation thereof or the use of the Services (collectively, “Disputes”) will be settled exclusively by binding arbitration between you and The Baking Notification Project, LLC, except that both you and The Baking Notification Project, LLC retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE BAKING NOTIFICATION PROJECT, LLC ARE EACH UNCONDITIONALLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and The Baking Notification Project, LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Arbitration” section will survive any termination of these Terms.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration. The arbitrator will be an attorney licensed to practice law in the state of Tennessee and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within five (5) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and The Baking Notification Project, LLC otherwise agree, the arbitration will be conducted in Davidson County, Tennessee, USA. If your claim does not exceed $25,000, in accordance with Expedited Procedures (E-6), then the arbitration will be conducted solely on the basis of documents you and The Baking Notification Project, LLC submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Each party will be responsible for its own attorney fees and expenses. Your responsibility to pay any AAA filing, arbitrator or administrative fees will be solely as set forth in the AAA Rules.
Limitation on Time to Commence Action
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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law
These Terms, your access to and use of the Services shall be governed and construed and enforced in accordance with the laws of the State of Tennessee, without regard to conflict of law rules or principles (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Tennessee and United States, respectively, sitting in the State of Tennessee, County of Davidson, City of Nashville.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, at any time and for any reason or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and the Baking Notification Project will have no liability or responsibility with respect thereto. The Baking Notification Project reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
If any term, clause or provision of these Terms of Service is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Service and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
You may not assign these Terms of Service without the prior written consent of the Baking Notification Project, but the Baking Notification Project may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.