Terms & Conditions of Use

Last Updated February 19, 2007

1. You Agree to These Terms by Using this Site
Your access to, and use of, www.bluebell.com (the "Site") is subject to the following Terms of Use and all applicable laws and regulations. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

2. Ownership of Content
The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Blue Bell Creameries, L.P., its subsidiaries, sponsors, or affiliated companies (collectively, "Affiliated Entities") or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Blue Bell Creameries, L.P. or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that Blue Bell Creameries, L.P. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

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
For any Submissions, you acknowledge and agree that (a) Blue Bell Creameries, L.P. reserves the right (but has no obligation) to evaluate each Submission before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do one or all of the following, at its discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any Submissions or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Blue Bell Creameries, L.P., the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. In addition, Blue Bell Creameries, L.P. has no control over, and Blue Bell Creameries, L.P. and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Submission or any other part of the Site. If you choose to make any of your personally identifiable or other information publicly available in a submission, you do so at your own risk.

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.

6. Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Blue Bell Creameries, L.P. in accordance with the Site's Privacy Policy as posted. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary. Email and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

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.

10. Indemnity
You agree to defend, indemnify and hold harmless Blue Bell Creameries, L.P., the Affiliated Entities, and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Submission that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

11. Termination
You agree that Blue Bell Creameries, L.P., in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if Blue Bell Creameries, L.P. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Blue Bell Creameries, L.P. may immediately deactivate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Blue Bell Creameries, L.P. nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

12. Revisions to the Terms
Blue Bell Creameries, L.P. may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of this document.
When using any services on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such services, which rules, terms and conditions are hereby incorporated by reference into these Terms of Use.

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
These Terms of Use and your use of the Site are governed by the laws of the State of Texas, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Washington County, Texas, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

15. Severability
If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.

16. Rules for Contests, Sweepstakes, Surveys, and Similar Promotions.
Any Contests, sweepstakes, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Blue Bell Creameries, L.P. urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

17. Filtering
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:
http://www.eff.org

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.

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