Terms of use

Last update: January 2010

By accessing the www.getenough.ca website (“Website”), you acknowledge and accept all these terms and conditions of use, which include the Privacy Statement (“Terms”). It is important that you read these Terms and download or print them for your records. If you access this Website without reading the Terms you are still agreeing to be bound by all of the Terms. As the case may be, if you enter a contest on this Website, you are also bound by the contest rules available on this Website.

USE OF THIS WEBSITE

You may browse this Website for personal entertainment and information purposes but you are not permitted to distribute, modify, communicate, transmit, revise or otherwise use the materials contained on this Website in any way, unless otherwise informed. Any use of these materials on any other website or networked computer environment for any purposes is prohibited without the written consent of Dairy Farmers of Canada. As more detailed hereafter, the materials on this Website may be subject to copyright and other intellectual property rights and any unauthorized use of these materials may violate copyright, trade-mark and other laws. The use of any materials or trade-marks, that are registered or not, including trade-marks of partners of Dairy Farmers of Canada, other than as expressly provided for by these Terms is strictly prohibited.

USER SUBMISSIONS

Except as otherwise provided in our Privacy Statement, any material, information or other communications you transmit to or post on or via this Website will be considered non-confidential and non-proprietary and cleared of any rights including any question, pledge or comment as well as your name and first name, nickname and place of residence that could be posted if your question is selected or if you have taken the pledge, as well as the general information collected through a quiz or survey, including your score (hereafter collectively referred to as “Communications”). In some cases, it is possible that Dairy Farmers of Canada depersonalizes the information gathered during a quiz or survey in order to no longer identify the participants and that the information given in the survey be used in any manner by Dairy Farmers of Canada. Dairy Farmers of Canada and its affiliates or others may copy, display, post, transmit, disclose, communicate or otherwise use the Communications.

As more detailed hereafter in the Online Submission Policy, you are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libellous, profane, defamatory, obscene or pornographic material, or any material that infringes copyright laws or other intellectual property rights of another party if used without the party's permission, or any software that could contain a virus, defect or other harmful or disruptive component.

In addition to what is provided for hereafter in the Intellectual Property Section and in the Online Submission Policy, by transmitting any Communications to this Website, you warrant that such Communications are original to you or that you have authorization to publicly communicate them and you waive all moral rights or other similar rights in those Communications.

All elements contained in this Website are offered for non commercial purposes and for personal use. Therefore, it is forbidden to use the elements of the Website for commercial or advertising purposes without the written consent of Dairy Farmers of Canada.

INTELLECTUAL PROPERTY

Copyrights. All the content of this Website including texts, drawings, graphics, images and photographs is protected, namely under the Canadian Copyright Act. Any unauthorized use of this content, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, representation, translation, put at the public's disposal or any download is prohibited without the written consent of Dairy Farmers of Canada. Dairy Farmers of Canada do not make any statement and do not warrant in any way that these elements do not infringe the rights of another person or entity.

As mentioned hereinabove and even though the personal information forwarded to Dairy Farmers of Canada are subject to our Privacy Statement, we consider that any other information, details, material or text that you transmitted to us through  this Website (including without limitation, questions, remarks, suggestions, ideas, graphics, tricks and tips, recipes, etc.) may be used, reproduced and/or posted by Dairy Farmers of Canada without any restriction, limitation or compensation of any nature whatsoever. Dairy Farmers of Canada waives any and all responsibility regarding any violation of the rights of a third party in any content that you have so transmitted and to such purpose, you undertake to defend and release Dairy Farmers of Canada from any damage, including without limitation, reasonable legal costs incurred by Dairy Farmers of Canada relating to any proceeding, action or claim resulting from the content submitted.

Trade-marks, names, words, logos and illustrations appearing on this Website are or may constitute trade-marks belonging to Dairy Farmers of Canada, to another entity of its group or to a third party. It is strictly prohibited to use the trade-marks and trade names contained in the Website, except in a manner authorized by these Terms or upon written consent from their owner.

DISCLAIMER & LIMITATION OF LIABILITY

This Website, the materials and services provided at this site and links to other sites are provided “as is” without any warranties of any kind, statutory or otherwise. Dairy Farmers of Canada, its subsidiaries, its affiliates, its holdings, their share-holders, officers and representatives, directors, senior managers, employees, agents (collectively referred to hereafter and above as “Dairy Farmers of Canada”), third party including providers, sponsors, partners, licensors, and the like, do not warrant the accuracy, timeliness or completeness of the materials, including, without limitation, information regarding services, products, performance or prices described. If applicable laws do not allow the exclusion of implied warranties, the above exclusion may not apply to you. In no event will Dairy Farmers of Canada be liable for any damages whatsoever, including direct, indirect, special, exemplary, consequential, punitive or otherwise (including, without limitation, liability for loss of use of data, revenue or profits or business interruption), arising out of the use, inability to use, or the results of use of this Website, a widget obtained through this Website, any website linked to this Website, or the materials of information contained or provided through any such sites or through a widget or any other tool, including without limitations those resulting from acts of God, communications failure, theft, destruction or unauthorized access of Dairy Farmers of Canada records, programs or services, whether based on warranty, contract, tort or other legal theory, whether for negligence or gross negligence, whether or not reasonably foreseeable and whether or not advised of the possibility of such damages. If your use of the materials, links, or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. Liability is limited to the fullest extent permitted by law. You agree to indemnify Dairy Farmers of Canada for all claims, loss or damage of any kind resulting from or arising out of (1) your breach of these Terms and (2) your use of this Website, including any claim of infringement of any intellectual property rights of any third party. Dairy Farmers of Canada does not make any statement nor warrant in any way that the content of this Website and each of its components are exempt of mistakes, defects, virus or other harmful components, neither that access will not be interrupted or that such type of problem that could be detected will be corrected.

DISCLAIMER & LIMITATION OF LIABILITY OF EXPERTS

All the content related to this Website do not aim at replacing the therapeutic advices from your physician, dietitian or other health professional. Experts that give you advice through this Website answer only to questions related to eating habits. Any other subjects do not fall within the field of expertise of this Website. Experts that give you advise through this Website undertake to exercise the best they can the art of the science of dietetics, in total compliance of their respective professional code of ethics and if need be, by consulting any competent professional. The information, advices, recommendations and/or warnings given by experts will be done in a disinterested way without undue reference to specific products and without endorsements of any given trade-mark.

Be advised that the tool used for the “Am I getting enough?” section of this Website is not very accurate since the servings cannot be identified with accuracy and the results depend on the limited information you provide to us.

In the course of the exercise of the functions in relation with this Website, experts are not employees, attendees, agents or representatives of Dairy Farmers of Canada. They exercise their profession as “independent contractors” and on this account they act under their personal civil responsibility and not Dairy Farmers of Canada. By communicating with the experts through the “Ask our dietitian” pages or by participating only as visitor, the user discharges Dairy Farmers of Canada of any damages of whatever nature that they could suffer from in relation with the information, advices, recommendations and/or warnings that could be given to them through these pages.

DISCLAIMER AND LIMITATION OF DAIRY FARMERS OF CANADA RESPONSIBILITY IN REGARDS WITH THE CONTENT SUBMITTED BY THE USERS

As more detailed in the Online Submission Policy below, Dairy Farmers of Canada reserve their right to modify the content submitted by users and to decide the order of appearance or the appearance itself in regards with questions raised on the “Ask our dietitian” pages. Notwithstanding the setting up of this Policy, it is understood that Dairy Farmers of Canada waives all responsibility regarding any damage of whatever nature that a user could suffer in relation with the content appearing on this Website.

LINKS TO OTHER DAIRY FARMERS OF CANADA WEBSITES AND TO THIRD PARTY CONTENT

This Website may contain links to other Dairy Farmers of Canada websites. You should read their policies before using these websites, which policies may be different from the ones posted on this Website.

This Website may also contain links to third party websites, which are not under the control of Dairy Farmers of Canada, therefore Dairy Farmers of Canada is not responsible for the content of any linked site. These links are provided solely for your convenience. Dairy Farmers of Canada does not endorse or make any representations or warranties about those sites, or any information, software, or other products or materials found there, or any results that may be obtained from using them. You should also read their policies before using these websites.

GOVERNING LAW

This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada, and you consent to the exclusive jurisdiction and venue of the courts in the Province of Ontario in all disputes arising out of or relating to your use of this Website and the materials contained herein.

ONLINE SUBMISSION POLICY

The purpose of the “Ask our dietitian” is namely to allow users to exchange with a dietitian on topics regarding nutrition and eating habits related to consumptions of milk products. The purpose of the tool “Am I getting enough?” is to give you an idea if your daily consumption of milk products is enough. The purpose of the “The Dairy Dash” section is to test your knowledge on healthy eating habits and milk products. Finally, the purpose of the “Pledge” is to encourage you to take a pledge to adopt better eating habits, including consumption of milk products. All together hereinafter identified as the “Tools”.

When transmitting your questions or sharing your “The Dairy Dash” or “Am I getting enough” results or your “Pledge”, you will be providing content that will be available to other users through this Website or other websites, namely social networking websites, as the case may be.

USER RESPONSABILITY AND TERMS OF USE

All communication transmitted in the context of these Tools is public and non private. It is recommended that you transmit information on yourself that is only of a public nature and that you are willing to see circulate in any circumstance. We therefore recommend that you keep secret your personal information.

Furthermore, you acknowledge that you are personally responsible of the content that you communicate through these Tools, as well as consequences that could ensue. Each user is therefore responsible to comply with the following rules in his communications:

a) Privacy:

All persons being entitled to their privacy, you must not in any circumstances, except with an authorization to do so, reveal or publish elements of intimacy of an identifiable person (i.e. love or sexual life, health condition, domicile, sexual orientation, physical intimacy, etc.).

b) Reputation:

All persons being entitled to the respect of their reputation, you must not in any circumstances, affirm or insinuate facts on a person in a careless or reckless manner without having first verified the truthfulness of the remarks. Or also, in the case of true facts, remind them without legitimate motive and for the only purpose to harm, bring ridicule on, humiliate, insult or offence a person.

c) Illegal Act:

It is prohibited to harass, discriminate or cause hateful propagation through the Tools or otherwise. Moreover, is prohibited content that encourages illegal activities.

d) Language:

It is forbidden to use coarse or offensive language. Will not be tolerated any content that is defamatory, obscene, injurious, pornographic, obsessive, racist, aggressive, violent, abusive or otherwise illegal. No personal attack will be tolerated. It is possible to criticise arguments but not the persons who voiced them.

e) Subject:

Considering the object of these Tools, any question containing information that does not concern eating habits or consumption of milk products could be partly or totally not published.

f) Solicitation:

No one is authorized to use these Tools to solicit, promote and/or offer for sale any products/services for commercial purposes or in any other way than for the goals these Tools are aiming at. Therefore, it is prohibited to use or refer to specific trade-marks, and such, for commercial purposes.

RULES OF ONLINE SUBMISSION

In all cases, Dairy Farmers of Canada reserves its right, at its sole discretion, to partly or totally publish, to refuse to partly or totally publish or to remove any material by a user that they may judge inappropriate for whatever reason. Dairy Farmers of Canada cannot control the content of messages transmitted by users while sharing the Tools or any other content via social networking websites. However, it reserves its right to banish any person that does not comply with the rules issued.

Questions submitted may not be all published, however each question will be answered by email to the person who has submitted the question. Depending on the number of questions received, allow the dietitians two (2) to seven (7) working days to answer your question.

INTELLECTUAL PROPERTY

You acknowledge that you have all rights required, namely intellectual property rights, on all the content that you transmit through Tools and acknowledge and agree that by the sole act of submitting it through this Website, you authorize Dairy Farmers of Canada to use, reproduce and/or post the content submitted, without any restriction, limitation or any compensation whatsoever. By submitting the content, you renounce to any moral right that you could claim to.

Dairy Farmers of Canada waives any responsibility regarding any violation of rights of third parties in all content that you will have so transmitted and to such purpose, you undertake to discharge Dairy Farmers of Canada of any damage including, without being limited to, all reasonable legal costs incurred by Dairy Farmers of Canada relating to any proceedings, action or claim arising from the content submitted in the context of the Tools.

LIMITATION OF RESPONSABILITY

Dairy Farmers of Canada, its subsidiaries, affiliated companies, holdings, their shareholders, officers and representatives, senior manager, directors, employees, agents and other representatives (hereinafter and above collectively referred to as: “Dairy Farmers of Canada”) are not liable for any opinion, recommendation and/or advices given by other users through the Tools. Dairy Farmers of Canada is not in a position to validate the content of the material submitted other than by the intervention of experts in “Ask a dietitian” the latter acting in an independent way. Consequently, in no circumstance Dairy Farmers of Canada can be held responsible of the legality, accuracy or conformity of any material submitted by users. To such purpose, the user undertakes to defend and release Dairy Farmers of Canada of any liability for damages including, without being limited to, all reasonable legal cost incurred by Dairy Farmers of Canada that are related to any proceeding, action or claim arising from the non compliance of the Online Submission Policy and/or any material submitted in the context of the Tools.

AMENDMENTS

Dairy Farmers of Canada reserves the right to revise these Terms at any time, subject to applicable law.

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