Terms & Conditions of Use
Last Updated February 19, 2007
1. You Agree to These Terms by Using this Site
2. Ownership of Content
3. Your Use of the Site
Blue Bell Creameries, L.P. grants you permission to use the Site as follows:
- This Site at times will contain various contests ("Contests"), in which Blue Bell Creameries, L.P. invites registered users to submit user generated content for display on this Site and other websites operated by Blue Bell Creameries, L.P. (a "Submission"). Each Submission must comply with the Official Challenge Rules applicable to such Contest;
- All Submissions become Content that is owned by Blue Bell Creameries, L.P. * The only Content you may download from this Site is Content included in a Submission. You may download Content included in a Submission solely for purposes of creating your own entry in a Contest, or for noncommercial, personal use, and provided that you also retain all copyright and other proprietary notices contained on the Content;
- you must comply with all applicable laws, rules and regulations while using the Site; you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Blue Bell Creameries, L.P.'s written permission;
- you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, 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 otherwise violate any law. Blue Bell Creameries, L.P. will fully cooperate with any law enforcement authorities or any court order requesting or directing Blue Bell Creameries, L.P. to disclose the identity of anyone posting or transmitting any such information or materials;
- you are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of Blue Bell Creameries, L.P. or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make;
- you are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site.
- You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
- You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks;
- You are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site.
4. Contest Submissions
5. Registration; User Names and Passwords
You will be required to register with Blue Bell Creameries, L.P. in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Blue Bell Creameries, L.P. of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Disclaimer of Warranties
All content is subject to change and is provided to you "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Blue Bell Creameries, L.P. neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any postings, submissions and the like that may be on the Site, Blue Bell Creameries, L.P. assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, 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 otherwise violate any law, contained in any such locations on the Site.
8. Exclusion of Liability
Your use of the site is at your own risk. Neither Blue Bell Creameries, L.P., nor any of its affiliated entities, or any other party involved in creating, producing, or delivering the site, nor any of their respective directors, officers, employees, agents, shareholders, licensors and representatives, are liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, punitive or other damages arising out of or in any way connected with the use of this site or content whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages, including without limitation damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, neither Blue Bell Creameries, L.P. nor any affiliated entity will be liable for damages of any kind resulting from your use of or inability to use the site, or resulting from any content posted on the site by Blue Bell Creameries, L.P. or any third party. Your sole remedy for dissatisfaction with the site is to stop using the site. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
9. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Blue Bell Creameries, L.P.. Such links are provided for your convenience only. Blue Bell Creameries, L.P. does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Blue Bell Creameries, L.P. specifically disclaims any responsibility if such sites:
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Blue Bell Creameries, L.P. does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of Blue Bell Creameries, L.P.
12. Revisions to the Terms
13. Revisions to the Site
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site's availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any Affiliated Entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
14. Law and Jurisdiction
16. Rules for Contests, Sweepstakes, Surveys, and Similar Promotions.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site:
18. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Blue Bell Creameries, L.P. a notice requesting that Blue Bell Creameries, L.P. remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Blue Bell Creameries, L.P. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
19. Void Where Prohibited
Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in the Contests, sweepstakes, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
You may also contact us by writing to:
Blue Bell Creameries, L.P.
P.O. Box 1807
Brenham, Texas 77834
Copyright © 2007 Blue Bell Creameries, L.P. All rights reserved.