LAST UPDATED: JULY 2023
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE
We may update, change, modify, or revise these Terms at any time and for any reason in our sole discretion. Any changes will become effective upon posting to the Site, 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 Site after any such modifications constitutes your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. If any modifications to these Terms are 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.
a. Agreement to be Bound by Terms. By visiting or using the Site, you expressly agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Site.
b. Representations and Warranties. The Site is offered to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Site.
c. Compliance with Terms and Laws. You agree to use the Site 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 Site.
d. Non-Exclusive License. The Site and all content, information, and other materials featured, displayed, contained, or available through the Site, 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 Site 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 Site.
e. Prohibited Uses. You may not use the Site for any purpose that: (1) is prohibited by the Terms; (2) violates any applicable law; (3) causes damage on or through the Site; (4) infringes upon the rights of any person or entity; (5) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (6) results in the commercial resale of Bagelmania products or services without the prior written consent of Bagelmania; or (7) actually affects or interrupts or attempts to affect or interrupt operation of the Site. You further agree not to:
• modify, adapt, translate, or reverse engineer any portion of the Site;
• use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
• use the Site in any way that could disrupt, damage, disable, overburden, or impair such or systems, servers, or networks utilized to provide the Site;
• frame or mirror any portion or feature of the Site;
• use the Site 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 Site; (2) reproduce or circumvent the navigational structure or presentation of the Site; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use or enjoyment of the Site;
• 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;
• to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing);
• 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 Site, Bagelmania, Bagelmania brand, or any other person or entity, or that violates these Terms and/or applicable law.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
IV. Intellectual Property.
a. Ownership. You acknowledge and agree that, as between Bagelmania and you, all right, title and interest in and to the Site, 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 Site does not create, and nothing contained in the Site 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.
b. 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.
c. Trademarks. The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Site (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 Site 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 Site do not constitute or imply any affiliation, endorsement, or recommendation by Bagelmania of the third parties, or by the third parties of Bagelmania.
V. Electronic Communications.
When you use the Site 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.
THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BAGELMANIA, AND ITS SUBSIDIARIES AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BAGELMANIA, AND ITS SUBSIDIARIES AND AFFILIATES, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (1) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (3) RELATING TO THE SECURITY OF THE SITE; (4) THAT THE INFORMATION ON THE SITE, INCLUDING PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (5) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
VIII. Limitation of Liability.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. If you are dissatisfied with the Site in any way, or these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
To the fullest extent provided by law, 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 Site, or any information, products or services provided or purchased through the Site.
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 BAGELMANIA’S AGGREGATE LIABILITY (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).
IX. 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 brought 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.
X. 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 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.
XI. Entire Agreement.