A. What Information Do The Sites Collect?
(ii) Information We Collect As You Access And Use The Sites
In addition to any Personal Information or other information that you choose to submit to the Sites, we and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Sites (“Usage Information“). This Usage Information may include the browser you are using, the URL that referred you to our Sites, all of the areas within our Sites that you visit, other information about your electronic browsing and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Sites. In addition, we collect your IP address or other unique identifier (“Device Identifier“) for your computer or other device used to access the Sites (any, a “Device“). A Device Identifier is a number that is automatically assigned to your Device used to access the Sites, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
A few of the methods that may be used to collect Usage Information include the following:
Cookies. A cookie is a data file placed on a Device when it is used to visit the Sites. A Flash cookie is a data file placed on a Device via the Adobe Flash plugin that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Sites may not function properly.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs,” “one pixel GIFs,” or “clear GIFs”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to make cookies more effective, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
(iii)Information Third Parties Provide About You
(iv) Information You Provide About A Third Party
If you send someone else a communication from the Sites, such as sending an article to a friend or information about a job opening, we use the information you provide (typically, names and e-mail addresses) on a one-time basis to facilitate the communication and we do not use it for any other marketing purpose, unless we obtain consent from that person.
Please note that information submitted to the Sites via a “contact us” or other similar function may not receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.
C. How and When Do We Disclose Information to Third Parties?
(ii) Third Parties Providing Services On Our Behalf. We may use third party vendors to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites’ features, tracking Site analytics, ad serving, and enabling BakeOut TV to send you e-mail newsletters or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for BakeOut TV. While we may use third party analytics service providers to evaluate and provide us with information about the use of the Sites and viewing of our content. We do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
(iii) Co-branded Areas. Certain areas of the Sites may be provided to you in association with third parties (“Co-Branded Areas“) and may require you to disclose Personal Information in order to register for and access products and/or services. Such Co-Branded Areas will identify the third party associates. If you elect to register for products and/or services at Co-Branded Areas you may be providing your information to both BakeOut TV and the third party associates. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Sites, your Personal Information may be disclosed to the identified third party associates for that Co-Branded Area and will be subject to the posted privacy policies.
(iv) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Sites that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(vi) Business Transfer. BakeOut TV may share Personal Information with its subsidiaries and affiliates for internal reasons. BakeOut TV also reserves the right to disclose and transfer all information related to the Sites, including, without limitation, your Personal Information, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of the Sites or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of BakeOut TV’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
D. What About Information I Disclose Publicly?
E. Does Third Party Content and Links To Third Party Sites Appear on the Sites? The Sites may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from the Sites are served to your browser. In addition, when you are on the Sites you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third party sites. For example, if you “click” on a banner advertisement, the “click” may take you off the Sites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. BakeOut TV encourages you to note when you leave our Sites and to read the privacy statements of all third party web sites before submitting any Personal Information to those sites.
G. How Do I Change My Information and Communications Preferences? You are responsible for maintaining the accuracy of any Personal Information or other information that you provide to us on or through the Sites, and for correcting or updating any Personal Information or other information you have provided to us on or through the Sites. Should you wish to change any Personal Information or other information, please contact us at info@BakeOut.tv. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable after we receive them.
H. What About Consent to Transfer Information to The United States? The Sites are operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or anywhere else outside of the United States, please be aware that information we collect, including, without limitation, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Sites or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
I. What Should Parents Know About Children? The Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of twenty-one (21). We will delete any Personal Information collected that we later determine to be from a user younger than the age of twenty-one (21).
J. What About Security? We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Sites and provide us with your information at your own risk.
## General Provisions
A. BakeOut TV’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants BakeOut TV a right of consent or approval, or permits BakeOut TV to exercise a right in its “sole discretion,” BakeOut TV may exercise that right in its sole and absolute discretion. No BakeOut TV consent or approval may be deemed to have been granted by BakeOut TV without being in writing and signed by an officer of BakeOut TV.
B. Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of California, without regard to its conflicts of law provisions.
C. Indemnity. You agree to defend, indemnify and hold harmless BakeOut TV, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the online services; and (c) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content.
D. Operation of Service in The United States; Availability of Products and Services; International Issues. BakeOut TV controls and operates the Service from its U.S.-based offices in the U.S.A., and BakeOut TV makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
E. Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
F. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
G. Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. 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.
I. Assignment. BakeOut TV may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of BakeOut TV.
J. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or BakeOut TV in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any provision of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
K. California Consumer Rights. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
L. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
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