Last Updated: December 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE ONLINE SERVICES. By visiting or using the Online Services, you expressly agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Online Services.
MODIFICATIONS TO THESE TERMS
We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Online Services, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Online Services after any such modifications constitute your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms and the remaining provisions.
When you use the Online Services or send e-mails to Bagelmania, you are communicating with us electronically, and you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
PERMITTED USERS OF ONLINE SERVICES
You must be at least 13 years of age to access and use the Online Services. Some features of the Online Services, including placing orders online, require that you must be 18 years of age or older to use the feature. If you are between the ages of 13 and 18, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
The Online Services and all content, information, and other materials featured, displayed, contained, or available through the Online Services, including, without limitation, text, graphics, logos, icons, images, photographs, pictures, audio, software, “look and feel”, pages, screens, content arrangements, video clips, designs, illustrations, and layouts (“Content”) are owned by and proprietary to Bagelmania and/or its licensors. Bagelmania grants you a non-exclusive, non-transferable, revocable, personal, limited right and license to access and use the Online Services solely for your personal, non-commercial use and strictly in accordance with these Terms. You shall not, directly or indirectly, reproduce, duplicate, modify, copy, sell, resell, distribute, transmit, license, modify, create derivative works from, or exploit for any commercial purpose any portion of the Online Services.
You agree to use the Online Services in accordance with these Terms and all applicable laws and regulations. Any use not expressly permitted by these Terms is prohibited, constitutes a breach of these Terms, and automatically terminates the license granted to you hereunder to access and use the Online Services.
PROHIBITED USER CONDUCT; RESTRICTIONS ON USE
You may not use the Online Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Online Services; (d) infringes upon the rights of any person or entity; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of Bagelmania products without the prior written consent of Bagelmania; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Online Services.
YOU AGREE NOT TO:
modify, adapt, translate, or reverse engineer any portion of the Online Services;
use the Online Services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
use the Online Services in any way that could disrupt, damage, disable, overburden, or impair such or systems, servers, or networks utilized to provide the Online Services;
frame or mirror any portion or feature of the Online Services;
use the Online Services for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services; (2) reproduce or circumvent the navigational structure or presentation of the Online Services; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services;
transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Bagelmania;
forge headers or otherwise manipulate identifiers;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
submit or post any false or misleading information;
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Bagelmania, or any other person or entity; and/or
engage in any other action that, in the sole judgment of Bagelmania, exposes it or any third party to potential liability or detriment of any type.
Without limiting any of Bagelmania’s rights and remedies, Bagelmania reserves the right to prohibit access, use, conduct, communications, or content that Bagelmania, in its sole discretion, deems to be inappropriate or harmful to the Online Services, Bagelmania, the Bagelmania brand, or any other person or entity, or that violates these Terms and/or applicable law.
OWNERSHIP OF ONLINE SERVICES AND INTELLECTUAL PROPERTY
You acknowledge and agree that, as between Bagelmania and you, all right, title and interest in and to the Online Services, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights (the “Intellectual Property”), are owned exclusively by Bagelmania or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer, or create derivative works of the Intellectual Property or any portion thereof. Your use of the Online Services does not create, and nothing contained in the Online Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any Intellectual Property rights of Bagelmania or its licensors. You are strictly prohibited from using any Intellectual Property except as expressly provided in these Terms.
Copyright: All Content is the property of Bagelmania or its licensors and content suppliers and protected by U.S. and international copyright laws. Any use, including, without limitation, the reproduction, modification, distribution, transmission, publication, display, performance, or commercial exploitation of any Content, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Online Services (the “Trademarks”) are proprietary to Bagelmania or its licensors. The absence of a trademark notice or legend indicating the registration or ownership by Bagelmania or its licensors anywhere in the text of the Online Services does not constitute a waiver of Bagelmania or its licensors trademark or other intellectual property rights. Bagelmania does not permit any person or entity to use the Trademarks in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without Bagelmania’s prior express written permission. Any third-party names or trademarks referenced in the Online Services do not constitute or imply any affiliation, endorsement, or recommendation by Bagelmania of the third parties, or by the third parties of Bagelmania.
THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PINKBOX, AND ITS SUBSIDIARIES AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE ONLINE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PINKBOX, AND ITS SUBSIDIARIES AND AFFILIATES, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE ONLINE SERVICES; (D) THAT THE INFORMATION ON THE ONLINE SERVICES, INCLUDING MENUS AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THE ONLINE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOUR USE OF THE ONLINE SERVICES IS AT YOUR RISK. If you are dissatisfied with the Online Services in any way, or these Terms, your sole and exclusive remedy is to discontinue accessing and using the Online Services.
LIMITATION OF LIABILITY
Under no circumstances shall Bagelmania, or its subsidiaries, affiliates, employees, directors, officers, agents, members, managers, vendors, licensors, or suppliers, be liable to you or any third party for any losses or damages arising out of or in connection with the use of or inability to use the Online Services, or any information, products or services provided or purchased through the Online Services.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, even if an authorized representative of Bagelmania has been advised of or should have known of the possibility of such damages, and without regard to the effectiveness of other remedies.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY PINKBOX (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).
GOVERNING LAW, JURISDICTION AND VENUE
These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of Nevada, without reference to its conflicts of law principles.
All actions or proceedings arising out of or relating to these Terms shall be venued exclusively in state or federal court in Las Vegas, Nevada. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
SEVERABILITY AND WAIVER
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.