Terms of Service
Effective Date: October 26th 2020
Howdy, Fellow Baker
Using Breadwinner in any ways means that you agree to all these Terms, and these Terms will remain in effect while you use Breadwinner. If you don’t agree to all of the following, you may not use or access Breadwinner in any manner.
If you have any questions, comments, or concerns around these Terms or Breadwinner in general, just give us a shout at [email protected]
Breadwinner is a community. When using Breadwinner, you agree to abide by the following rules:
- Be Yourself: You agree that you will only use Breadwinner for your own personal use, and not on behalf of or for the benefit of any third party. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
- Be Nice: Don’t use Breadwinner in a way that is threatening, harassing, fraudulent, or breaks the law.
- Don’t Infringe: Anything you post on Breadwinner should not should not violate someone else’s rights. Don’t copy, reproduce, modify, translate, publish, or otherwise exploit for any purpose any content not owned by you unless you are confident that you have the right to do so either by permission of its owner or under the law.
- Be Safe: Don’t do anything that jeopardizes the security of your account or anyone else’s. That includes allowing other people to log into Breadwinner as you, or sharing your account or password with someone.
- No Copycats: You agree not to crawl, scrape, copy, or otherwise store a significant portion of the content on Breadwinner. Don’t try to decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to Breadwinner.
- Black Hats Not Welcome: You agree not to violate the security of any computer network, or crack any passwords or security encryption codes relating to Breadwinner, and to not put an unreasonable load on our infrastructure.
We reserve the right to remove any content from Breadwinner at any time, for any reason (including, but not limited to, violations of these Terms), in our sole discretion, and without notice.
Finally, you recognize that you will be interacting with other Breadwinner users and potentially accessing third-party content, websites, or services that are not owned or controlled by us. You recognize that we aren’t responsible or liable for these interactions or this content.
You hereby grant us a license to translate, modify, reproduce, and otherwise act with respect to any content you upload to the platform to enable us to provide, improve, and support new features within Breadwinner. You understand and agree that we may need to make changes to your content to conform and adapt it to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so.
If you share a bake, a recipe, data about your starter, or any other content with other users on Breadwinner, then you grant us the license above, as well as a license to display, perform, and distribute this content. Also, you grant all other users of Breadwinner a license to access the content and starter data, and to use and exercise all rights in it, as permitted by the functionality of the platform.
You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in the content is not affected.
When you share on Breadwinner — when you upload pictures, writing, or recipes — you represent to us that have the legal right to do so. Please only share copyright-protected work that you own, that you have permission to share, or that can otherwise be shared without infringing copyright.
Breadwinner will remove or disable access to content our users share when we receive a notification of infringement as outlined below. If we receive a notice about something you have shared, we will send an email to the address we have on file with information on the notice and outlining your options for contesting a mistaken or wrongful notice.
To send us a copyright notice, email [email protected] the following information:
- A description of the work or works you claim have been infringed
- A description of the content on our website you claim to be infringing and the associated URL(s)
- Your contact information
- Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- An electronic signature
You can also send your copyright notice to our DMCA agent at:
New York, NY 10003
We will take action against user accounts that we identify as repeat infringers on our platform. We respond to repeat infringers on a case-by-case basis, and will terminate user accounts where we find that remedy appropriate. We will consider repeat infringer allegations sent to [email protected], but any remedial action we take is in our sole discretion.
Learning from data about sourdough starters is part of what Breadwinner does. We hope that massively distributed online home baking will help improve and accelerate global bread knowledge and know how. The age of big bread data is here, and it starts with the Breadwinner community.
There are various ways you might choose to participate by sending us data about your starter. You might manually enter in data from your observations of your starter, or you might use our hardware to automatically collect and transmit data from your starter. Either way, these terms apply to the data you send us.
If you choose to send us data about your starter, you acknowledge that Breadwinner may study it, aggregate it with other starter data, and publicly disclose our findings. To the extent there might be any proprietary rights in your starter data, you disclaim them as to Breadwinner, its affiliates, employees, directors, licensees, and assigns. In turn, we promise not to disclose your starter data in a personally-identifiable manner without your express permission, and we commit to disclosing any substantial research findings resulting from your disclosure of starter data back to the Breadwinner community.
Terminating Your Account
We allow you to delete your account at any time by clicking the button we’ve provided for this in your account settings. When you delete your account, any content associated with that account will also be deleted. You understand and agree that it may not be possible to completely delete your content from our records or backups, and that your content may remain viewable elsewhere to the extent that they were copied or stored by other users.
We are free to terminate (or suspend access to) your use of Breadwinner, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important content you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to our rights or property.
You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.
Changes to Breadwinner
Breadwinner is on the move! We’re always improving the platform in response to your feedback and experimenting with what a social network for yeast can be. This means that we may suspend or discontinue any part of Breadwinner, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Breadwinner.
We also reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Breadwinner.
If you use Breadwinner in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Breadwinner is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind.
That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Breadwinner will be uninterrupted or error-free. We don’t make any representations or warranties about any content contained in or accessed through Breadwinner, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.
To make these Terms easy to read and navigate, we’ve collected information for the questions we get most frequently above. More technical legal terms and provisions for things that don’t come up as often are included below:
- Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall we, our licensors, or our suppliers be liable to you or to any other person for: (1) any indirect, special, incidental, or consequential damages of any kind, or (2) any amount, in the aggregate, in excess of $100.
- Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Breadwinner (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- Assignment: You may not assign, delegate or transfer your rights or obligations under these Terms in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate our rights and obligations without consent.
- Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
- Electronic Communications: You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
- No Third-Party Beneficiaries: There are no third-party beneficiaries intended under these Terms.
- No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Culture Culture Inc. PBC, and you do not have any authority of any kind to bind us in any respect whatsoever. These Terms don’t grant you any right, title or interest in Culture Culture Inc. PBC, or our trademarks, logos, and other intellectual property.
- Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
- Severability: If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
- Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.