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THESE TERMS OF USE GOVERN YOUR SUBMISSION OF CONTENT (AS DEFINED HEREIN) AND/OR YOUR USE OF THE SEND TO A FRIEND SERVICE AT BLUEBUNNY.COM, FOODSERVICE.BLUEBUNNY.COM, WELLSDAIRY.COM, BOMBPOP.COM, BLUEBUNNYRECIPEASE.COM AND ICECREAM.NET (COLLECTIVELY “WEBSITES”) YOUR SUBMISSION OF CONTENT AND USE OF THE SEND TO A FRIEND SERVICE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT ALL OF THESE TERMS (AS MAY BE LATER MODIFIED AS PROVIDED HEREIN), YOU ARE NOT PERMITTED TO SUBMIT CONTENT NOR USE THE SEND TO A FRIEND SERVICE.

Wells' Dairy, Inc. authorizes you to submit Content (meaning text and image(s) that you upload to our websites) and use the Send to a Friend service solely for your own personal and non-commercial purposes. All other uses are strictly prohibited. Wells' Dairy, Inc. reserves the sole and exclusive right to remove Content that you have submitted for any reason and reserves the sole and exclusive right (but is not obligated) to modify, suspend, or discontinue your ability to submit Content and/or use the Send to a Friend service at any time without notice.

When you use submit Content and use the Send to a Friend service Wells' Dairy, Inc. may collect certain personal information about you. Our use of such information is governed by the provisions of the Wells' Dairy, Inc. Privacy Policy. Further, by submitting Content or your use of the Send to a Friend service, you acknowledge and agree that:

you are 18 years of age or older;
you agree that your use of the and Send to a Friend service shall not be (a) in a manner that violates any applicable federal, state, or local law, rule, ordinance, regulation, court order, or the like; (b) in such a way so as to harass, harm, interfere, disrupt, another individual or entity (including, without limitation, Wells' Dairy, Inc.), or the Websites; and/or (c) used to impersonate any individual or entity or in any way misrepresent your affiliation with any other person or entity;
you are solely and completely responsible for all of the Content you submit;
any Content is and will be considered non-confidential and non-proprietary and Wells' Dairy, Inc. is free to disclose your the Content to anyone;
you hereby grant to Wells' Dairy, Inc. an irrevocable, perpetual, fully-transferable, non-exclusive, fully-paid, and worldwide license to use and publicly display such Content, in whole or in part, in any format or medium now known or later developed and permit WDI, in its sole and absolute discretion; and
you represent and warrant that (a) you own all proprietary rights to your Content; (b) your Content does not infringe the copyright, trademark, patent, trade secret, nor any other intellectual property, privacy, or other rights of Wells’ Dairy, Inc. or any third party; (c) your Content is not false, inaccurate, or misleading; (d) your Content does not violate any applicable federal, state, or local law, rule, ordinance, regulation, court order, or the like; (e) your Content is not defamatory, libelous, or hateful nor racially, ethnically, religiously, or otherwise biased nor offensive, threatening, harassing, vulgar, pornographic, obscene, or invasive of another’s privacy; (f) you were not and will not be compensated or granted any consideration by any third party for submitting your Content; (h) the Content does not contain any information that you consider confidential, proprietary, or personal; and (i) the Content does not contain or constitute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation.

If you believe your copyright or any other intellectual property right is being infringed by another user of our Websites, please provide written notice, in compliance with 17 U.S.C. §512, to Wells' Dairy, Inc.'s agent for notice of claims of infringement as follows:

Wells' Dairy, Inc.
Attn: Craig S. Berenstein, Senior Vice President, Legal Affairs and General Counsel
One Blue Bunny Drive
Le Mars, Iowa 51031
Phone: 712/546-4000 ext.2055
Fax: 712/548-3008
legal@bluebunny.com

Your written notice of claims of infringement must contain:
(i) the physical or electronic signature of the owner, or of a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
(iii) identification of the work(s) that is/are claimed to be infringing and information reasonably sufficient to permit Wells' Dairy, Inc. to locate the work(s);
(iv) information reasonably sufficient to permit Wells' Dairy, Inc. to contact you including your mailing address, your telephone number, and your email address;
(v) a statement that you have a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, nor the law.
(vi) A statement that the information in your written notice is accurate and, if you are an agent for the owner, a statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WELLS' DAIRY, INC. IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE TO THE CONTENT. YOUR SUBMISSION OF CONTENT AND/OR YOUR USE OF THE SEND TO A FRIEND SERVICE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS". ALL RISK AS TO YOUR SUBMISSION OF CONTENT AND/OR YOUR USE OF THE SEND TO A FRIEND SERVICE IS WITH YOU. WELLS' DAIRY, INC. EXPRESSLY DISCLAIMS ANY AND ALL APPLICABLE WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS), WITH RESPECT TO YOUR SUBMISSIONS OF CONTENT AND YOUR USE OF THE SEND TO A FRIEND SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WELLS' DAIRY, INC. MAKES NO WARRANTY THAT YOUR SUBMISSION OF CONTENT AND/OR YOUR USE OF THE SEND TO A FRIEND SERVICE AT WILL MEET YOUR REQUIREMENTS OR THAT SUCH SUBMISSION OR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL WELLS' DAIRY, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. IF FOR ANY REASON THE LIMITATIONS ON LIABILITY IN THIS PARAGRAPH ARE FOUND TO BE WHOLLY OR PARTIALLY INVALID OR UNENFORCEABLE, THEN IN ALL CIRCUMSTANCES AND EVENTS OUR TOTAL LIABILITY TO YOU AND/OR ANY OTHER PERSON SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WELLS DAIRY, INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, ALLEGATIONS, ACTIONS OR CAUSES OF ACTION, ASSESSMENTS, LOSSES, DAMAGES, DEFICIENCIES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES), INTEREST, PENALTIES, AND ALL REASONABLE AMOUNTS PAID IN THE INVESTIGATION, DEFENSE, OR SETTLEMENT OF ANY OF THE FOREGOING, WHETHER OR NOT MERITORIOUS, THAT ARE OR MAY BE ASSERTED AGAINST, IMPOSED UPON, RESULTING FROM, REQUIRED TO BE PAID BY, OR INCURRED BY WELLS DAIRY, INC., DIRECTLY OR INDIRECTLY, IN CONNECTION WITH, ARISING OUT OF, RESULTING FROM, OR WHICH WOULD NOT HAVE OCCURRED BUT-FOR: (1) YOUR SUBMISSION OF CONTENT; (2) YOUR SUBMISSION OF CONTENT AND/OR YOUR USE OF THE USE OF THE SEND TO A FRIEND SERVICE; AND/OR (3) YOUR BREACH OF ANY OF THESE TERMS OF USE.