Terms & Conditions

Terms and Conditions of Use Language

The following terms and conditions of use (“Terms and Conditions of Use”) apply to your use of BrownEyedBaker.com (the “Web Site”) and to Brown Eyed Baker, LLC (“Brown Eyed Baker”).

Agreement and Acceptance of Conditions

By accessing, visiting, browsing, shopping on or otherwise using this Web Site, you agree to be bound by and accept the Terms and Conditions of Use, Privacy Policy (posted separately), and all disclaimers, terms and conditions that appear elsewhere on the Web Site. If you do not agree to the Terms and Conditions of Use, Privacy Policy, and all other disclaimers, terms and conditions that appear in this Web Site, then you should not use and/or immediately discontinue your use of this Web Site.

Licensing

Recipes, videos, photographs and text on the Web Site are licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

Attribution

Any use of the recipes, videos, photographs, text and/or any information on the Web Site requires attribution. You must attribute the work by placing a link on your web site which refers back to the original posting on the Web Site. In doing so, however, you may not suggest that I endorse you or your use of my work.

Submitted Content

Brown Eyed Baker reserves the right to review and edit content (text and photos, as well as Personal Information as noted on the submission forms) submitted by site users. By submitting content, you are giving Brown Eyed Baker permission to display this content to the public. All submitted content (text and photos, as well as Personal Information as noted on the submission forms) must be the product of the person or group submitting the photo and must be public domain (not copyrighted). If Brown Eyed Baker has an interest in using your content or photo in materials other than this Web Site, you will be contacted for approval of the specific use.

Copyright

No part of this work may be copied, reproduced, or translated in any form or medium without the prior written consent of Brown Eyed Baker. Although all content on our site is public information, Brown Eyed Baker maintains and will defend a copyright interest in these pages.

Permission may be granted to redistribute the material in its entirety provided that this copyright notice is not removed or altered. No portion of this work may be sold, either by itself or as part of a larger work, without the express written permission of Brown Eyed Baker.

The content of these pages should not be captured within frames or presented as your own. You should not link to individual graphics or tables within our page, especially in an effort to place the downloading burden on our servers.

To obtain permission to reproduce the information (text or graphics) contained on this Web Site for any commercial purpose, submit the specifics of your request in writing to:

michelle@browneyedbaker.com

For any reuse or distribution, you must make clear to others the license terms of my work. The best way to do this is with a link back to this web page.

No Derivative Works

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content of the Web Site, in whole or in part.

Security

Users of this Web Site are prohibited from violating or attempting to violate the security of this Web Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using this Web Site for unintended purposes or trying to change the behavior of the Web Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of this Web Site (impersonating this Web Site) or to this Web Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Brown Eyed Baker, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents provided by Brown Eyed Baker or generally publicly available browsers.

Posted Content

Certain features on this Web Site currently or in the future may allow you to post reviews, comments, photographs, and other content; send ecards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “Posted Content”). You may supply Posted Content to this Web Site so long as the Posted Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Posted Content. Brown Eyed Baker reserves the right (but not the obligation) to remove or edit any Posted Content, but does not regularly review Posted Content.

If you do supply Posted Content, and unless we indicate otherwise, you grant Brown Eyed Baker a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, transmit, display and distribute such Posted Content throughout the world in any media and for any purpose whatsoever to the extent permitted by law. Also, you grant Brown Eyed Baker and its sublicensees the right to use the name that you submit in connection with the Posted Content, if they choose. By supplying the Posted Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the Posted Content; (ii) the Posted Content is non-confidential; (iii) the Posted Content is accurate; (iv) use of the Posted Content does not violate any of this Web Site’s Conditions and will not cause injury to any person or entity; and (v) you will indemnify Brown Eyed Baker for all claims resulting from the Posted Content you supply.

Brown Eyed Baker has the right but not the obligation to monitor and edit or remove any activity or content. Brown Eyed Baker takes no responsibility and assumes no liability for any content posted by you or any third party.

Waiver

Any of the above Terms and Conditions of Use can be waived if you get prior written permission from Brown Eyed Baker. You may do so by submitting a written request to:

michelle@browneyedbaker.com

Termination

Brown Eyed Baker may, in its sole discretion, terminate your use of this Web Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Brown Eyed Baker reserves the right to change, suspend or discontinue all or any aspects of this Web Site, its Content and/or the products, services and other offers set forth in this Web Site at any time without prior notice.

Applicable Law

This Web Site is created, operated and controlled by Brown Eyed Baker in the Commonwealth of Pennsylvania, United States of America. By using this Web Site, you agree that the laws of the Commonwealth of Pennsylvania shall govern the validity, performance, and enforcement of these Terms and Conditions of Use and any dispute of any sort that might arise between you and Brown Eyed Baker, without giving effect to any conflict of laws, principles or any other rule or regulation that would result in the application of any other state’s law.

Jurisdiction and Venue of Disputes

Any dispute relating in any way to your visit to this Web Site or to products or services sold or distributed by Brown Eyed Baker or through this Web Site shall be adjudicated exclusively in any state or federal court in Allegheny County, Pennsylvania, and you consent to exclusive jurisdiction and venue of such courts.

Site Policies, Modification, And Severability

Please review our other policies, such as our Privacy Policy, posted on this Web Site. These policies also govern your visit to this Web Site.

We reserve the right to make changes to this Web Site, these Terms and Conditions of Use, the Privacy Policy, and other site policies at any time. Each time you use this Web Site, you should visit and review the then current Terms and Conditions of Use, Privacy Policy and other site policies that apply to your use of this Web Site and any transactions made while on this Web Site.

If any term, clause or provision of these Terms and Conditions of Use shall be determined by a court of competent jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason, then only that term, clause or provision as is determined to be void, invalid or unenforceable shall be stricken from these Terms and Conditions of Use or modified to make it no longer void, invalid or unenforceable. Further, such void, invalid or unenforceable term, clause or provision shall not affect the enforceability of the other terms, clauses or provisions of these Terms and Conditions of Use, and these Terms and Conditions of Use shall remain in full force and effect in all other respects.

Owner and Operator

Brown Eyed Baker is the owner and operator of this Web Site. References to Brown Eyed Baker herein refer to Brown Eyed Baker, LLC.

The on-line address for this Web Site is http://www.browneyedbaker.com. You may contact Brown Eyed Baker, LLC by submitting an e-mail to michelle@browneyedbaker.com.