Terms of Use

The website neverstopmilk.ca (the "Site") is owned and operated by Prairie Milk Marketing Partnership ("PMMP"). We've designed our Site to be useful, informative, and fun. All we ask in return is that you abide by the Terms and Conditions that follow and that you agree to the terms of our Privacy Policy. Please read them carefully, because when you use this Site, you automatically agree to them.

Please note: if you are under the age of majority in your province or territory of residence, then your parent/legal guardian must agree to these Terms of Use on your behalf. By using this Site, you represent to us that you have obtained the consent of your parent/legal guardian to visit this Site and that your parent/legal guardian agree to be bound by these Terms of Use on your behalf.

PMMP has the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our Site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on November 13, 2009.

LIMITED LICENSE

We own the copyright in all of the materials in our Site. Also, the trade-marks used in the Site are owned by us or we have permission to use them here. All right, title, and interest in and to the content available via the Site is the property of PMMP or its licensors, and is protected by Canadian copyright, trade-mark, patent and/or other proprietary rights and laws.

Use of our Site is provided to you solely for your own personal use. You agree not to re-use material from the Site. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you first get our written consent. There is one exception. You may download material onto one computer or print a single copy for your personal, non-commercial use only, provided you don't delete or change any copyright, trade-mark, or other proprietary notices.

While on the Site, you agree that you will not attempt to decompile, reverse engineer or disassemble any software contained on the Site and that you will not interfere with the operation or security of the Site or network(s) that operates the Site.

Unauthorized use of the Site may be a violation of law which may result in civil and criminal liability. PMMP reserves the right to enforce its intellectual property rights to the fullest extent of the law.

PMMP hereby reserves all of its rights in and to the Site that are not expressly granted to you in these Terms. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any content from the Site.

Third Party Sites, Content and Products and Services

Links or pointers to other website and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

LICENSE TO PMMP

By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to PMMP through this Site, you are granting PMMP a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

  1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication
  2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

POSTINGS

This web site may include e-cards, bulletin boards and chat rooms or the ability for you to post user generated content (collectively the "Communications") allowing you to send messages to third parties or to interact with other users in real time. PMMP does not control the messages, information or files delivered through the Communications. It is a condition of your use of these Communications and this web site generally that you agree not to:

  1. Restrict or inhibit any other user from using and enjoying the Communications.
  2. Post, send or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind including, without limitation, any transmissions constituting or  encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any municipal, provincial or federal law.
  3. Post, send or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright,  trade-mark or other proprietary rights or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  4. Post, send or transmit any information, software or other material which contains a virus or other harmful component.
  5. Post, send, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You understand and acknowledge that PMMP may from time to time monitor or review discussions, chats, posting and other transmissions on the Site. However, PMMP has no obligation to monitor the content of the Communications and assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this Site. PMMP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in PMMP's sole discretion are objectionable or in violation of these terms and conditions. Notwithstanding anything else contained herein, your sole and exclusive remedy for PMMP's action is to discontinue using PMMP's Site.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCCURACY OR COMPLETENESS OF SITE. PMMP DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITIATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PMMP IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE OR YOUR USE OF THE SITE, EVEN IF FORESEEABLE OR EVEN IF PMMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). PMMP IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION AND YOU ARE SOLELY RESPONSIBLE FOR ANY REPAIR, REPLACEMENT, SERVICE OR OTHER COSTS.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE.

PMMP HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PMMP. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

IMDEMNIFICATION

You agree to indemnify, defend and hold PMMP and each of its affiliates and their respective members, managers, officers, directors, employees, agents, and other representatives (collectively, the "PMMP Parties") harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including, without limitation, legal fees and any payments that may be due any director, actor, union, guild or other party, individual, entity and/or organization), or other expenses arising out of your use of the Site in violation of these Terms or any law. PMMP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of PMMP.

REMEDIES

You agree that a breach by you of any of your undertakings under these Terms would cause PMMP damage which could not readily be remedied by an action at law and might, in addition, constitute an infringement of copyright and/or trade-mark and/or other applicable laws, and/or a violation of moral rights. Any such breach would, therefore, entitle PMMP to equitable remedies, costs and legal fees in addition to any other rights and remedies provided for herein or by law. Moreover, you agree that you will not have the right to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent and submit to the exclusive personal jurisdiction and venue of the courts of, and venue and situs in, Toronto, Ontario.

SEVERABILITY

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

WAIVER

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. PMMP has the right to determine your compliance with these Terms in our sole discretion.

CONTACT

If you have any questions, comments or concerns about our Site or these Terms of Use, please feel free to contact us at mfpoetz@albertamilk.com