Terms and Conditions of Use and Agreement
Please read these terms and conditions carefully before using this Site.
This web site ["Site"] is owned by Conewich Enterprises Limited Partnership, a Nevada limited partnership in the United States of America ["CE"] and is licensed for use by Spiral Food Franchising, a closed corporation organized under the laws of the Republic of South Africa as reconstituted in 1994 ["RSA"] and may be used for informational purposes only. By using the Site or downloading materials from this Site, you agree to abide by the terms and conditions set forth in this Notice and Agreement. If you do not agree to abide by the terms and conditions of this Agreement, then do not use the Site or download materials from the Site.
Subject to the terms and conditions set forth in this Agreement, CE and its licensee grant to you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
CE authorizes you to view and download the information ["Materials"] as this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials is subject to the following restrictions: 1) you must retain on all copies of the Materials downloaded with all copyright and other proprietary notices contained in the Materials; 2) you must not modify the Materials in any way or reproduce for public display, perform, distribute, re-sell, de-compile, reverse engineer, dilute, avail, interfere, disassemble, make derivative works, license, franchise or sub-license or otherwise use them for any public or commercial purpose; 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept the obligations arising under these terms and conditions of use, and 4) in any event you do not obtain any rights of publicity and the rights of privacy and confidentiality of CE and its licensee are not waived. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is copyrighted by CE and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CE and its licensee does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information anywhere in the world.
As a convenience to you, CE and its licensee may provide on this Site links to web sites operated by other entities. If you use these other sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CE, its licensee and any franchisee or sub-licensee make no warranty or representation regarding, and do not endorse any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that CE, its licensee, franchisee or sub-licensee or the sponsors or endorsers of this Site are affiliated or associated with, or is or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CE, its licensee, franchisee, or sub-licensees including any of their affiliates or subsidiaries.
External links to this Site:
All links to this Site must be approved in writing by CE and its licensee before establishing the link, except that CE and its license consent to links in which: 1) the link is a text-only link containing only the name "Conewich bread cone" or "Conewich Enterprises" or "Spiral Food Franchising"; 2) the link "points" only to www.conewich.com or www.conewich.co.za and not to deeper pages; 3) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and 4) the appearance, position, and other aspects of the link shall neither create the false appearance that an entity or its activities or products are associated with or sponsored by CE or its licensee, franchisee or sub-licensee nor be such as to damage or dilute the goodwill associated with the name and trademarks of CE or its licensee, franchisee or any sub-licensees. CE and its licensee reserve the right to revoke this consent to link at any time in its sole, free and subjective discretion.
Information Provided by You:
CE does not want you to, and you should not send any confidential information or proprietary information to CE or its licensee, franchisee, or sub-licensee via this Site. You agree that any information or materials that you or individuals acting on your behalf provide will not be considered confidential or proprietary. By providing any such information or materials you grant to CE an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials, and you further agree that CE is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide. You further recognize that CE and its licensee, franchisee or sub-licensees do not want you to, and you warrant that you shall not, provide any information or materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL CE, ITS LICENSEE, FRANCHISEES, SUB-LICENSEES OR OTHER AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING BUT WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEMS THAT RELATE TO THE USE OF, OR THE INABILITY TO USE THE CONTENT, MATERIALS AND FUNCTIONS OF THIS SITE OR ANY LINKED WEBSITE, THAT THE USE OF THIS SITE MIGHT BE INTERRUPTED OR CONTAINS VIRUSES OR OTHER HARMFUL COMPONENTS EVEN IN THE EVENT OF EXPRESS NOTICE OF SUCH POSSIBILITY OF DAMAGES.
Information collected about you.
We might collect IP addresses or other information about you for the purposes of system administration, to report aggregate information to advertisers and others, and to audit the use of this Site. When visitors request pages from this Site the server may log the visitors IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a visitor's session might be logged, but the visitor remains anonymous. The right is however reserved to use IP addresses and other information to identify a visitor if at the sole, free and subjective discretion of CE or its licensee it is believed that it is necessary to enforce compliance with this Agreement or for any other lawful purpose.
Changes to this Site:
CE and its licensee reserve the right at their sole, free and subjective discretion to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted on this Site. Your continued use of this Site after any changes to this Agreement are posted will be considered acceptance of those changes. CE and its licensee may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. CE and its licensee may also impose limits on certain features and services or restrict your access to parts of all of the Site without notice or liability. CE and its licensee may terminate the authorization, rights and license given above and upon such termination you shall immediately destroy all Materials.
International Users & Choice of Law:
This Site is owned by CE from its offices in the United States of America but is operated and administered jointly in the RSA by CE directly and through its licensee Spiral Food Franchising. CE and its licensee make no representation that materials at this site are appropriate or available for use at other locations outside of the RSA and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export the Materials in violation of U.S. or RSA export laws and regulations. If you access this Site from a location outside of the U.S. or RSA you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Nevada in the United States of America without giving effect to its conflict of laws provisions. This agreement constitutes the entire agreement between CE and its licensee on the one hand and you on the other hand with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
Copyright and Trademark Information:
The word "Conewich" and "New Shape of Fresh Baked Bread" and its logo design and all other images, products, ideas, marks, slogans, materials, methods, and concepts relating to the Conewich bread cone including moral rights and all derivatives therefrom unless noted otherwise are owned by Conewich Enterprises Limited Partnership, a Nevada USA limited partnership and in respect of the Republic of South Africa as reconstituted in 1994 are licensed to Spiral Food Franchising, a closed corporation organized under the laws of RSA. All other brand names, product names or trademarks belong to their respective holders.