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Terms and Conditions Policy

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

 

This website may use cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Dan’s Bagels privacy.

 

License to use website

Unless otherwise stated, Dan’s Bagels and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

  • republish material from this website (including republication on another website)

  • sell, rent or sub-license material from the website

  • show any material from the website in public

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Dan’s Bagels’ express written consent.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to Dan’s Bagels a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Dan’s Bagels the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Dan’s Bagels or a third party (in each case under any applicable law). 

 

Dan’s Bagels reserves the right to edit or remove any material submitted to this website, or stored on Dan’s Bagels (Wix) servers, or hosted or published upon this website.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Dan’s Bagels and undertake to keep Dan’s Bagels indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Dan’s Bagels to a third party in settlement of a claim or dispute on the advice of Dan’s Bagels legal advisers) incurred or suffered by Dan’s Bagels arising out of any breach by you of any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to Dan’s Bagels other rights under these terms and conditions, if you breach these terms and conditions in any way, Dan’s Bagels may take such action as Dan’s Bagels deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Dan’s Bagels may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Dan’s Bagels may transfer, sub-contract or otherwise deal with Dan’s Bagels rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and Dan’s Bagels in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas and any disputes relating to these terms and conditions will be subject to exclusive jurisdiction of the courts of Texas, United State of America.