Little Brownie Bakers

Terms of Use

Terms of Use

Little Brownie Bakers ("LBB" or "us" or "we") maintains this site (the "Site") for your personal entertainment, information, education, and communication. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without LBB's written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and conditions") and all applicable laws. By accessing, participating and browsing the Site ("User"), you accept, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and LBB are superseded and of no force or effect.

Terms and conditions

  1. You should assume that everything you see or read on the Site, is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of LBB. LBB neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with LBB.
  2. Your use of and browsing in the Site are at your risk. LBB assumes no liability or responsibility for any errors or omissions in the content of the Site. Neither LBB nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. LBB also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  3. Rules for posting content on this site ("User Content"):
    1. You will post only User Content you believe in good faith to be true and accurate, and you will not post to this Site any User Content that is false, inaccurate, misleading or fraudulent.
    2. If you are employed by LBB or have received or will receive any compensation or consideration from LBB, including but not limited to product samples, directly or indirectly in exchange for any opinion, endorsement or review that you post, upload or communicate on this Site, you must clearly and conspicuously disclose your connection to LBB within each communication.
    3. The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through this Site, as solely determined by LBB. You may not post any User Content that:
      1. is patently offensive to Users of this Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. promotes illegal activities or conduct that is abusive;
      4. is threatening, obscene, defamatory or libelous;
      5. is pornographic or sexually explicit in nature; or
      6. seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
    4. You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
    5. You are solely responsible for any User Content you post, publish or display on this Site or transmit to other Users. LBB reserves the right, but undertakes no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with this Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
    6. By contributing User Content to this Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant: (i) LBB, our respective contractors, and our business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all Users grant an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use.

      This Site, including any and all features available via the Site and any User Content, may be modified by LBB, in our sole discretion, at any time without prior notice.
  4. Any communication or material you transmit to the Site electronically or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. You warrant that you are the owner of all content being submitted and have all the legal rights necessary to communicate this content to LBB. Anything you transmit or post may be used by LBB or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, LBB is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever in perpetuity including, but not limited to, developing, manufacturing and marketing products using such information.
  5. You acknowledge and agree that LBB does not control the User Content posted to this Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via this Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on this Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. LBB has not reviewed all of the sites linked to the Site and is not responsible for any User Content or the content of any off-site pages or any other sites linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.
    IN NO EVENT SHALL LBB BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
  6. If you believe any User Content or any other aspect of this Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
    1. A description of the copyrighted work that you claim has been infringed;
    2. A description of where the material that you claim is infringing is located on this Site;
    3. Your address, telephone number and email address;
    4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
    6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
      Our designated copyright agent for notice of claims of copyright infringement on this Site may be reached at the following address:
      Copyright Agent
      One Kellogg Square
      Battle Creek, MI 49016
      Or by email: CopyrightAgent@kellogg.com
  7. If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
    1. Your physical or electronic signature;
    2. 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;
    3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Calhoun County, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
    5. If a counter-notice is received by the Copyright Agent, LBB may 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 LBB's sole discretion.
  8. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of LBB and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of LBB or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that LBB will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
    Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
  9. You agree to indemnify and hold LBB and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to this Site, (ii) your use of this Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, or (v) your violation of these Terms of Use.
  10. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind LBB in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on this Site. These Terms of Use, which shall be deemed accepted by you upon your use of this Site, constitute the entire agreement among you and LBB regarding use of this Site. LBB's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you, except with our prior written consent.
  11. By visiting this Site, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LBB.
  12. LBB may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
  13. Use of this site is also governed by the LBB Privacy Policy.