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Terms of Use

LAST REVISED: 1/16/2015

The CrystalCreamery.com website is owned and operated by Crystal Creamery and its affiliates (collectively “Crystal Creamery” or “we”). The following Terms of Use, together with our Privacy Policy constitute the legally binding agreement between each user (“you”) and Crystal Creamery concerning the use of our website (including any purchase you make through our website). It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the website and cease all use of the website or any services provided in connection with the website. By using our website, you (i) accept and agree to be bound by these Terms of Use and our Privacy Policy, and (ii) represent that you are at least 18 years old and that you are legally able to enter into this agreement.

  1. ACCOUNT REGISTRATION

Access to certain areas of our website may require you to create an account. By creating an account on our website, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. You are responsible for maintaining the confidentiality of your account log-in information and are responsible for all activities on your account. If you share your account with others, you are responsible for all activities on your account by those with whom you share the account. Immediately notify us of any unauthorized use of your account or any unauthorized or suspicious activity on your account.

  1. RESERVATION OF RIGHTS

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate our website or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to our website or any portion thereof; (iii) monitor any user’s activities on our website to verify and ensure that user’s compliance with these Terms of Use and/or any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Use and cooperate with authorities in such investigation.

  1. TERM

These Terms of Use shall continue and remain in full force and effect for as long as you continue to use our website, maintain an account on our website, or otherwise maintain a relationship with our website, whichever lasts longer.

  1. INTELLECTUAL PROPERTY

4.1 Ownership: All content and material provided by us on our website, including, without limitation, text, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions, recipes, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, directories, data and information (collectively “Website Content”), constitute copyright and trademark properties of Crystal Creamery, unless expressly otherwise noted, and are protected by United States and international copyright, trademark and other laws.

4.2 Our Limited License to You: We hereby grant to you a limited, revocable, nonsublicensable, nontransferable license to use our website and our Website Content for your own personal, non-commercial use within the United States of America only. All rights not expressly granted herein are reserved by us. Except as expressly permitted in these Terms of Use, you may NOT copy, reproduce, download, upload, post, stream, broadcast, transmit, perform, exhibit, display, publish, distribute, sell, offer to sell, frame or deep-link, modify, alter, translate, or otherwise use or exploit our website or any of our Website Content.

  1. USER SUBMISSIONS

Our website may allow users to submit, post and share comments, reviews, feedback, ideas, suggestions, and other user-originated content or material (collectively, “User-Generated Content”). By submitting User-Generated Content:

  • you represent and warrant that: (i) you are the sole author and owner of your submitted content; (ii) you are at least 18 at the time of submission; and (iii) use of your submitted content will not violate or infringe any right of any person or entity;
  • you expressly and automatically grant to Crystal Creamery and its successors and assigns an irrevocable, worldwide, perpetual, fully-paid and royalty-free, freely sublicensable, freely transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works from, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, advertise, promote, market, merchandise, and otherwise exploit (commercially and non-commercially) your submitted content (including your name, likeness, image, photo, voice, performance, biographical information, and other of your identification information contained therein) for any and all business purposes of Crystal Creamery and its successors and assigns, in any and all media now known or hereafter devised;
  • you acknowledge and agree that Crystal Creamery and its successors and assigns are and shall be under no obligation: (i) to maintain your submitted content in confidence; (ii) to pay you any money or other compensation for any use or exploitation of your submitted content; or (iii) to give any credit, attribution or notice to you regarding any use or exploitation of your submitted content; and
  • you waive the right to make any claims against Crystal Creamery and its successors and assigns as well as their licensees, distributors, and business partners, relating to your submitted content, including, without limitation, claims for copyright infringement, idea theft, invasion of privacy, violation of right of publicity, unfair competition, unjust enrichment, breach of implied contract and/or breach of confidentiality.

You should not submit any User-Generated Content to us that you do not wish to license to us, or if you do not agree to any of the terms set forth above.

  1. PROHIBITED ACTIVITIES

We do not permit or tolerate any illegal, abusive, harmful or improper use of our website or our Website Content. Without limitation to the generality of the foregoing, we specifically prohibit the following:

  • using our website or our Website Content other than for your own personal, non-commercial use within the United States of America only;
  • engaging in activity that violates any applicable law or violates any right of any person or entity;
  • impersonating another person, or falsifying account information, or making unauthorized use of another person’s information;
  • using any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access our website or any server, network or system associated with our website, or to extract, collect, harvest or gather content or information from our website;
  • interfering in any way with the operation of our website or any server, network or system associated with our website, including, without limitation, hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of our website or any server, network or system associated with our website; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another user’s account without permission;
  • creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on our Website Content, regardless of whether such derivative works or materials are sold, bartered or given away;
  • either directly or through the use of any device, software, internet site, web-based service or other means, removing, altering, bypassing, circumventing, avoiding, or interfering with any copyright, trademark, or other proprietary notice appearing on or within our website or our Website Content, or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with our website or our Website Content, including geo-filtering mechanisms;
  • framing or otherwise creating a browser or border environment around any page of our website or our Website Content, or deep-linking to our Website Content or any internal page of our website;
  • using any of our names, marks or logos in any manner (including as metatags or ad keywords), except as necessary in order to make reference to Crystal Creamery in a truthful and non-misleading and purely descriptive and nominative manner;
  • submitting, uploading, posting or transmitting any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • engaging in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • attempting to decipher, decompile, disassemble or reverse engineer any Software comprising or offered on our website;
  • sending or causing others to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind;
  • soliciting, collecting or requesting personal information from others for commercial or unlawful purposes;
  • submitting, uploading, posting or transmitting an image or video of another person without that person’s consent;
  • engaging in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • engaging in commercial activity, including, without limitation, advertisements or solicitations of business, purchase, or participation in any game or promotion.
  1. PRODUCT INFORMATION

We endeavor to describe and display information about our products on our website as accurately as possible. However, as the actual colors you see will depend on your monitor or device, we cannot guarantee that your monitor’s or device’s display of any color will accurately reflect actual product color or finish. Also, the information displayed on our website may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we cannot guarantee that any product image or description will be accurate in all respects.

  1. PROMOTIONAL CODES

We may from time to time offer promotional or discount codes for our products via our website. Such codes are limited in nature, may expire or discontinue with or without notice, and are NOT redeemable for cash and are subject to cancellation or change at any time for any reason. Promotional and discount codes are void where prohibited or restricted by law. Promotional and discount codes may not be copied, sold, transferred, or otherwise offered without our express prior written authorization.

  1. LINKS TO THIRD-PARTY PRODUCTS AND SERVICES

Our website may provide links to websites, products and services owned or operated by third parties (each, a “Linked Third-Party Product/Service”). Such links do not constitute or imply our approval, sponsorship or endorsement of any Linked Third-Party Product/Service. When you engage with a Linked Third-Party Product/Service, you are interacting with the third party, not with Crystal Creamery. Crystal Creamery is not responsible for and makes no warranties, express or implied, regarding any Linked Third-Party Product/Service.

  1. SWEEPSTAKES, CONTESTS, GIVEAWAYS, AND OTHER PROMOTIONS

We may from time to time conduct sweepstakes, contests, giveaways and other promotions on our website. Participation in such sweepstakes, contests, giveaways and other promotions will be subject to the applicable published official rules.

  1. DISCLAIMER OF WARRANTIES

UNLESS EXPRESSLY OTHERWISE STATED BY US IN THESE TERMS OF USE, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW: (I) WE MAKE NO WARRANT OR REPRESENTATION REGARDING THE USE OR THE RESULT OF THE USE OF OUR WEBSITE OR ANY OF OUR WEBSITE CONTENT, OR THE ACCURACY, RELIABILITY OR CORRECTNESS THEREOF; (II) OUR WEBSITE AND ALL OUR WEBSITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTS OF ANY KIND, EXPRESS OR IMPLIED; (III) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO OUR WEBSITE AND ALL OUR WEBSITE CONTENT; AND (IV) WE DO NOT WARRANT THAT OUR WEBSITE AND ALL OUR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECT OR ERROR WILL BE CORRECTED, OR THAT OUR WEBSITE AND ALL OUR WEBSITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE OUR WEBSITE AND OUR WEBSITE CONTENT ENTIRELY AT YOUR OWN RISK.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

  1. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • IN NO EVENT SHALL CRYSTAL CREAMERY AND ITS SUCCESSORS AND ASSIGNS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR WEBSITE OR ANY OF OUR WEBSITE CONTENT, EVEN IF CRYSTAL CREAMERY AND ITS SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
  • IN NO EVENT SHALL CRYSTAL CREAMERY AND ITS SUCCESSORS AND ASSIGNS BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR WEBSITE OR ANY OF OUR WEBSITE CONTENT, FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU FOR YOUR PURCHASES MADE ON OUR WEBSITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
  • BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  1. CHANGES TO TERMS OF USE

From time to time, we may update and modify these Terms of Use to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have an account on our website, we may notify you of material changes via email and/or may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on that service.

  1. SEVERABILITY; WAIVER

These Terms of Use, together with our Privacy Policy, represent the entire agreement between you and us relating to our website. If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

  1. INDEMNITY

You agree to indemnify Crystal Creamery for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Crystal Creamery, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Crystal Creamery will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  1. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California (without regard to the conflict of laws provisions thereof). Any action or proceeding arising out of or related to these Terms of Use or our website must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.

  1. CALIFORNIA USE ONLY

The website is controlled and operated by Crystal Creamery from its offices in the State of California. Crystal Creamery makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the website should not be construed as Crystal Creamery’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

  1. ACKNOWLEDGEMENT

BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.