TERMS AND CONDITIONS OF USE
Midwest Dairy Association reserves the right, in its sole discretion, to change these Terms at any time. You will be notified of changes to the Terms via a notation next to the link to the Terms from the main page of the Site stating that the Terms are new/modified and the date on which they were updated. The last date on which these Terms were updated was February 11, 2010. By continuing to use the Site after such changes are posted, you agree to be bound by the changes.
Midwest Dairy Association Content
All of the content you see, hear or otherwise experience on the Site created or provided by Midwest Dairy Association (the “Midwest Dairy Content”) is intended solely for personal, noncommercial use, except as stated below. Except as stated below, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Midwest Dairy Content, without first obtaining written permission from the Midwest Dairy Association. No right, title or interest in any downloaded materials is transferred to you as a result of such downloading. The Midwest Dairy Association reserves complete title and full intellectual property rights in any Midwest Dairy Content you download from this Web site.
Account Creation and Passwords
Content You Submit
You may submit comments, questions, photographs, videos, recordings, recipes, ratings and other content (the “Licensed Content”) on the Site. By submitting any such materials to the Site, you represent and warrant that you have the legal right to make such a submission and that you own all right, title and interest in and to the submitted material. If you submit any materials in which you do not own all right, title and interest, these materials may be removed from the Site. If you do so repeatedly, your account will be terminated in Midwest Dairy Association’s sole discretion. You further represent and warrant that you have the permission of any individuals depicted in photographs, videos or recordings that you submit to the Site to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to Midwest Dairy Association.
If you submit any Licensed Content, you hereby grant a non-exclusive, royalty-free, perpetual right and license to Midwest Dairy Association and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the Licensed Content in any format, including without limitation coding or watermarking such Licensed Content, on the Site and in related promotional materials provided in any medium, forum or format, for any purpose of Midwest Dairy Association or its affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of Midwest Dairy Association of any derivative works from, modifications, edits or other changes to the Licensed Content (the “Modified Content”), the Modified Content will become the sole and exclusive property of Midwest Dairy Association and that Midwest Dairy Association will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Midwest Dairy Association in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest you have or may be deemed to have in and to the Modified Content to Midwest Dairy Association.
Restrictions on Use of the Site
The use of web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site is prohibited; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent.
In your use of the Site, you shall not post, transmit or submit any confidential, false, unlawful, infringing, threatening, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site. You may not post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site.
Midwest Dairy Association believes in children’s online safety and does not wish to receive information regarding minors. You therefore may not post or transmit any personally identifiable information of a minor or information sufficient to locate a minor on the Site.
Midwest Dairy Association is not engaged in the practice of medicine. All information provided on the Site is solely for informational purposes and is not meant to substitute, in whole or in part, for the advice of your own physician or dietitian. Information on the Site has not been approved or evaluated by the U.S. Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
Midwest Dairy Association reserves the right to remove any Licensed Content or Modified Content from the Site in its sole discretion, whether it violates these Terms or not.
Specific restrictions on use are as follows:
Use by Health Care Professionals
If you are a health care professional, you may copy, download, distribute, and transmit the Midwest Dairy Content for use in the education of your patients, clients or other target groups provided you list Midwest Dairy Association as the source of the Midwest Dairy Content.
Use by School Teachers and Food Service Employees
If you are a schoolteacher or food service employee, you may copy, download, distribute, and transmit the Midwest Dairy Content for use in the education of your students about dairy and for use in promoting the benefits of dairy provided you list Midwest Dairy Association as the source of the Midwest Dairy Content.
Use by Members of the Media
If you are a member of the media, you may copy, download, distribute, and transmit the Midwest Dairy Content for use in print or broadcast media to educate audiences about food trends, about the health benefits of dairy and about dairy promotions and events provided you list Midwest Dairy Association as the source of the Midwest Dairy Content.
Use by Farmers
If you are a farmer or co-op employee, you may download, print and store selected portions of the Midwest Dairy Content, provided you (1) only use these copies of the Midwest Dairy Content for your own use; (2) do not copy or post the Midwest Dairy Content on any network computer or website or broadcast the Midwest Dairy Content in any media; (3) do not modify or alter the Midwest Dairy Content in any way, or delete or change any copyright or trademark notice; and (4) list Midwest Dairy Association as the source of the Midwest Dairy Content.
Use by Individual Users
If you are an individual user, you may download, print and store selected portions of the Midwest Dairy Content, provided you (1) only use these copies of the Midwest Dairy Content for your own personal, noncommercial use; (2) do not copy or post the Midwest Dairy Content on any network computer or website or broadcast the Midwest Dairy Content in any media; (3) do not modify or alter the Midwest Dairy Content in any way, or delete or change any copyright or trademark notice; and (4) list Midwest Dairy Association as the source of the Midwest Dairy Content.
Copyright and Trademark Notice
The Midwest Dairy Content, including, for example, all page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trade dress, copyright and/or other intellectual property rights or licenses held by the Midwest Dairy Association, by its affiliates or by third parties who have licensed their material to the Midwest Dairy Association. The entire content of the Site is protected under U.S. copyright laws, and the Midwest Dairy Association owns a copyright in the selection, coordination, arrangement and enhancement of the Midwest Dairy Content. MIDWEST DAIRY ASSOCIATION, MIDWEST DAIRY COUNCIL, the Dairy Logo, PRINCESS KAY OF THE MILKY WAY, PEOPLE BEHIND THE PRODUCT, DAIRY MAKES SENSE, PUT SOME CHEESE ON IT, and CHOCONOGO are trademarks of the Midwest Dairy Association.
If you are a copyright owner or an agent thereof and believe that any Licensed Content, Modified Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement that you have 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; and
- a statement that the information in the notification 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.
Notification pursuant to the DMCA should be submitted to:
Midwest Dairy Association
2015 Rice Street
St. Paul, MN 55113
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Third parties may link to the Site, but may not imply any sponsorship by or affiliation with Midwest Dairy Association unless they have entered a separate agreement signed by both Midwest Dairy Association and the third party.
THE MIDWEST DAIRY ASSOCIATION HAS ATTEMPTED TO MAKE THE SITE AND THE MIDWEST DAIRY CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SITE AND THE MIDWEST DAIRY CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MIDWEST DAIRY ASSOCIATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE MIDWEST DAIRY ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
MIDWEST DAIRY ASSOCIATION IS NOT RESPONSIBLE FOR AND DOES NOT COMMIT TO MONITORING THE LICENSED CONTENT ON THE SITE. THEREFORE, THE LICENSED CONTENT IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MIDWEST DAIRY ASSOCIATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE MIDWEST DAIRY ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT THE LICENSED CONTENT ON THE SITE IS ACCURATE, COMPLETE OR CURRENT.
Limitation of Liability
THE MIDWEST DAIRY ASSOCIATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE SITE, ITS SERVICES OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify, defend and hold harmless Midwest Dairy Association, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against any claims, losses, expenses, damages, costs and attorney’s fees resulting from your misuse of the Site, including but not limited to any violation of these Terms, or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account; from any transaction you conduct as a result of the contact facilitated by the Site; from your property posted on the Site; or from your infringement of any intellectual property rights in any posting to or transmission via the Site.
Enforcement of Terms and Conditions
The Site is created and controlled by the Midwest Dairy Association in the State of Minnesota, USA. As such, the laws of the State of Minnesota will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Midwest Dairy Association’s failure to enforce any of the provisions of these Terms does not constitute a waiver of these Terms.
Last revised: February 11, 2010.