Terms and Conditions

TERMS AND CONDITIONS OF USE

Effective as of March 10, 2010 WELCOME!

Welcome to Best Cheese’s Dairy Dial website! This website is intended to provide information to you regarding uses and pairing of cheeses and related information of interest. We hope that you enjoy the experience of visiting our site. We also want you to understand the terms and conditions you agree to when you are visiting this website. If you do not agree with these terms and conditions, please exit the website. Otherwise, by accessing and using the website, you are agreeing to these terms and conditions of use.

These terms and conditions govern your (the "User" or "You") use of the website at www.dairydial.com, including without limitation any chat, discussion, post, or interactive areas, and any Company related web-links (collectively, the "Website") provided by Best Cheese Corp. ("Company"). Additional terms and conditions of use applicable to specific areas of the Website may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions and the terms of our Privacy Policy, are referred to collectively hereinafter as the "Agreement." The terms and conditions of the Agreement are subject to change by Company at any time in its sole and absolute discretion. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.

Children

The Website and its services are not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not submit any communications or provide any personal information to the Website.

Privacy

Your privacy is important to Company. Accordingly, we have adopted a Privacy Policy. Please refer to the Privacy Policy link at the bottom of this page to understand how we collect, use and disclose your personal information. 


Permitted / Non-Permitted Use / Proprietary Information.

Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Company and may not be used by you without the prior written consent of Company or the appropriate owner. Your use of this Website does not grant you any right, title, interest or license to any such intellectual property appearing on the Website. You acknowledge that the Website contains information, software, source code, photographs, audio and video clips, graphics, links, text, and other intellectual material proprietary to Company, its content providers and/or licensors (collectively, the "Content"). You are granted a nonexclusive, nontransferable, limited, and revocable license to use the Website solely for your personal non-commercial use. You may download or copy the Content only for your own personal use, provided that you maintain, unaltered, all copyright, trademark, trade name and other legends, marks, and notices contained in such Content. You may not use the Website for any other purpose, including any commercial purpose, without Company's express prior written consent. For example, you may not, and you may not authorize any other person to publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, store any significant portion of Content, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. You agree to cooperate with Company in causing any unauthorized uses to immediately cease.

Termination of Service

Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website and/or Website services, including the posting and interactive areas, at any time for any reason without prior notice or liability. Company may change, suspend or discontinue all or any aspect of the Website or Website services at any time, including the availability of any feature, database, or Content (including the posting and interactive areas), without prior notice or liability.

Contact with Company / User Submissions

This Website may provide you with the capability to send e-mail to us or to contact us in other ways. You agree that any comments you submit about our products or services may be used and disclosed by us in whole or in edited form on our Website and in our marketing or advertising materials. If we do so, we will not use your surname.

This Website may now or in the future permit the submission of photographs, videos, essays and/or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such submissions. You understand that whether or not such submissions are published, Company does not guarantee any confidentiality with respect to any submissions.

On-Line Store / Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of this Website, including but not limited to contests, sweepstakes, offers, or other similar features, all of which additional terms and conditions are made a part of the Agreement by this reference. You agree to abide by such additional terms and conditions.

Disclaimer.

Except for information, products or services clearly identified as being supplied by Company, Company does not operate, control or endorse any information, products or services on the Website in any way. Company does not represent or endorse the accuracy or reliability of any content posted on Website post or interactive areas and any reliance upon such content shall be at your sole risk. Any content placed on any Website post or interactive area by users are the views of the user posting the statement, and do not represent the views of Company. Company disclaims and cannot and does not guarantee or warrant that files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each user is responsible for implementing sufficient procedures and checkpoints to satisfy the user's particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for User's use of the Website or any Website Content.

Limitation on Liability / No Warranties

NEITHER COMPANY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEBSITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT. THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF COMPANY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES DESCRIBED, OFFERED OR SOLD THROUGH THE WEBSITE. NEITHER COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, ITS SERVICES, AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER COMPANY, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY OF ITS SERVICE OR CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity.

You agree to indemnify and hold Company, its affiliates, information or content providers, service providers and contractors and their respective officers, directors, owners, agents, and licensors (the "Indemnified Parties") harmless from any breach of the Agreement by you and/or any other person using your password, including without limitation any use of Content other than as expressly authorized in the Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of information accessed from the Website.

Links and Third Party Content

The Website may contain links on the Site that lead to other sites or content. Company has no control over such sites or any content displayed on such sites, and thus cannot make any claim or representation for the content of such sites. Company expressly disclaims any responsibility for the content of such sites or content linked to by the Site. The links provided on our Website are only for your convenience, and the addition of any link on our Site does not constitute our endorsement, affiliation, or implementation of such linked site or any of the information contained therein.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website’s Copyright Agent: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s Agent for Notice is: Name: Tara Kirch Address: 40-4 Radio City Circle Drive Mount Kisco, NY 10549
Phone: 914-241-2300 Company may give notice to our users by means of a general notice on our Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination

At its sole discretion, Company may modify or discontinue the Website, in whole or in part, or may modify or terminate your account or your access to this Website, for any reason, with or without notice to you and without liability to you or any third party.

Severability.

If any section or provision of this Agreement be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such section or provision of this Agreement shall be deemed severed from this Agreement and the validity of the remainder of this Agreement shall not be affected thereby.

Governing Law / Jurisdiction / Venue

This Agreement shall be governed by and construed in accordance with the laws of New York applicable to contracts made and to be enforced wholly within such state. You specifically consent to jurisdiction in New York in connection with any dispute arising out of this Agreement or pertaining to the subject matter hereof. You furthersuch agree that venue for any dispute may be had in the Federal District Court for the Southern District of New York or in the state courts of New York sitting in Westchester country, New York.

Waivers and Amendments.

The waiver by Company of any provision of this Agreement on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in writing and signed by a person authorized by Company.