Bakestarters Terms Of Service
Bakestarters Pte Ltd (“Bakestarters”, “we”, “us”, “our”) provides its services as described below through its website at https://www.bakestarters.com (the “Site”) and through related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).
The Terms of Service will govern your use of the Site and its Services, including but not limited to the Bakestarters’ Live Virtual Baking School.
1.1 Modifications to Terms of Service
Bakestarters reserves the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. In the event of any change, it will be indicated at the top of this section with the date of the last revision. Revisions will become effective no less than fourteen days (14) after they are made. Your continued use of Bakestarters’ Live Virtual Baking School after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
At Bakestarters, we respect the privacy of our users. By using the Service, you consent to our collection and use of personal data as outlined therein.
2. Access and Use of the Service
2.1 Use Description
The Bakestarters service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Bakestarters Live Virtual Baking School membership purchase, we grant you a limited, non-exclusive, non-transferable, license to access the Bakestarters Live Virtual Baking School content and view your class(es) through the service on a streaming-only basis for that purpose. Except for the limited license afforded by your membership purchase, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Bakestarters may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials including but not limited to our recipes, video recordings, and course notes, whether made in accordance with these Terms of Service or otherwise.
2.2 Your Membership Obligations
You may be required to sign up for a plan with Bakestarters Live Virtual Baking School 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 sign up form.
2.3 Member Account, Password and Security
You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify Bakestarters of any unauthorized use of your password or account or any other breach of security. Bakestarters will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service
Bakestarters reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bakestarters will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain your membership account or our content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage
You acknowledge that Bakestarters may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Bakestarters’ servers on your behalf. You agree that Bakestarters has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that Baketsarters reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Bakestarters will not entertain any refunds for purchase of our Services, including accounts which have violated the terms of service. Violations will be determined at Bakestarters’ sole discretion.
3. Conditions of Use
3.1 User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Bakestarters reserves the right to investigate and take appropriate legal action against anyone who, in Bakestarters’ 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:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) 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; or (vii) in the sole judgment of Bakestarters, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Bakestarters or its users to any harm or liability of any type;
- 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;
- 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 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 for any business purpose that is not specifically authorized;
- 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.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Bakestarters information regarding your credit card or other payment instrument. You represent and warrant to Bakestarters that such information is true and that you are authorized to use the payment instrument. You agree to pay Bakestarters the amount that is specified in the payment plan in accordance with the terms of the payment plan and this Terms of Service. We reserve the right to change the prices of our Services.
Payments are nonrefundable and there are no refunds or credits for partially used periods. If you decide not to continue using our Services before the end of your membership plan(s), we will not refund you for any Service fees already paid to us.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3.3 Commercial Use
Unless otherwise expressly authorized herein or by Bakestarters in writing, you agree not to display, distribute, license, 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.
4. Intellectual Property Rights
4.1 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 Bakestarters, 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 Bakestarters from accessing the Service (including 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 software underlying the Service or distributed in connection therewith are the property of Bakestarters, 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 Bakestarters.
The Bakestarters name and logos are trademarks and service marks of Bakestarters (collectively the “Bakestarters Trademarks”). Other Bakestarters, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bakestarters. 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 any of Bakestarters Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Bakestarters Trademarks will inure to our exclusive benefit.
4.2 Third Party Material
Under no circumstances will Bakestarters be liable in any way for any content or materials of any third parties (including users and affiliates), 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 Bakestarters does not pre-screen content, but that Bakestarters 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, Bakestarters and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Bakestarters, 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.
By signing up for a membership for Bakestarters’ Live Virtual Baking School, or using any Services, you consent to the use of any content or materials created by Bakestarters or any of its users and affiliates for marketing and promotional purposes. You agree to grant Bakestarters and any third parties (including users and affiliates) an absolute, irrevocable, worldwide and perpetual right to use the content and materials created to their sole discretion.
4.3 User Content
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, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Bakestarters, its affiliated companies and partners (including but not limited to Bakestarters instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Bakestarters, its affiliated companies or partners are non-confidential and Bakestarters, its affiliated companies and partners 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 Bakestarters 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 Bakestarters, 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.
You agree that Bakestarters, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if Bakestarters believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Bakestarters may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Bakestarters may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Bakestarters will not be liable to you or any third party for any termination of your access to the Service.
6. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Bakestarters will have no liability or responsibility with respect thereto. Bakestarters reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Bakestarters and govern your use of the Service, superseding any prior agreements between you and Bakestarters with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Singapore without regard to its conflict of law provisions. The failure of Bakestarters to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Bakestarters, but Bakestarters may assign or transfer this 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. Under no circumstances shall Bakestarters be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. 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.