Introduction


This website is a family friendly website and your use of this website is subject to certain limitations and conditions which are described in this Agreement. By using this website you agree to these terms and conditions so please read this document carefully.

Wells Enterprises, Inc. (Wells) is the owner of this website and owns or has licensed the applicable rights associated with the content. You agree to comply with all applicable laws and respect the rights of Wells and other content owners. As part of your experience with the site, cookies or other metadata, files, programs or services may access your computer to temporarily store information to make your site experience more enjoyable. You may also be provided with the option to submit content through the website. When you submit content through the website, as set forth below, we have the right to review your content before it is posted, used or otherwise viewable and we can alter it to ensure the family friendly nature of the website is maintained. When you submit content through the website, you transfer your rights in the content to Wells. We can use or not use your content or any portion thereof as need be.

This document also sets forth the location and procedures for resolving any disputes regarding your use of the website and limits the amount of time for bringing any such disputes. This introduction is merely for your convenience and, to the extent there is any conflict between this introduction and the full terms and conditions set forth below, the full terms and conditions shall prevail.

The terms and conditions of your use of the site and, if you choose, submission of content through the website are non-negotiable. If you are unwilling to agree to any term or condition, please do not use the website.

Terms and Conditions


1. Your Acceptance


By using or visiting this website or any software, and services provided to you on, from, or through this website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Wells Enterprises, Inc.'s Privacy Policy (the "Wells Privacy Policy"), found at:

http://www.bluebunny.com/wishes/privacy-policy

and incorporated herein by reference.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR THE WELLS PRIVACY POLICY YOU DO NOT HAVE PERMISSION TO USE THE SERVICE.

This website is a family friendly website which, subject to the terms and conditions set forth in this document, allows users to view and submit certain content. As a part of the submission of content, this website may allow individuals to submit entries, comments, pictures or other material to the www.bluebunny.com/wishes website, including any and all webpages which may be accessed through the website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.bluebunny.com/wishes/terms. Wells may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of this website, including but not limited to all products, software and services offered via the website.

The Service may contain links to third party websites that are not owned or controlled by Wells. Wells has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wells will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Wells from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of any other website that you visit.

3. General Use of the Service—Permissions and Restrictions

Wells hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
  • You agree not to distribute in any medium any part of the Service or the Content without Wells' prior written authorization.
  • You agree not to alter or modify any part of the Service.
  • You agree not to access Content through any technology or means other than a web browser or other explicitly authorized means Wells may designate.
  • You agree not to use the Service for any of the following commercial uses unless you obtain Wells' prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Wells appears on the same page and is of sufficient value to be the basis for such sales.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Wells servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Wells grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wells reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use any communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

In your use of the Service, you will comply with all applicable laws.

Wells reserves the right to discontinue any aspect of the Service at any time.

4. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Wells, subject to copyright and other intellectual property rights under the law.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Wells or the respective licensors of the Content. Wells and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Wells is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wells with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Wells, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

5. Your Content and Conduct

You may submit Content to the Service. You understand that Wells does not guarantee any confidentiality with respect to any Content you submit. Wells has the right to review, modify, and use or not use your Content or any portion thereof. Thus, Content submitted by you may not be readily available for viewing and any posting, viewing or other use of your Content with the Service is at the discretion of Wells.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit, including any rights of publicity associated with any individuals in pictures you submit; and you license to Wells all patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, to the extent you retain any of your ownership rights in your Content, by submitting Content to Wells, you hereby grant Wells a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Wells' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.

Notwithstanding the foregoing, all worldwide intellectual property rights, including moral rights, in any work or submission by you made in connection with the Content shall be perpetually and unconditionally vested in and owned by Wells without further need for documentation or action but you shall execute any documentation where necessary for such purposes. Wells shall have the right to create derivative works therefrom and sublicence any such works to any third party at its discretion without compensation to you. You waive all moral rights (or its equivalent in any applicable jurisdiction) you may have over the Content works/submission.

By participating in the Service, you hereby opt-in, and agree and authorize Wells to use at its discretion, without further compensation to you, any names, addresses, personal details, photographs, videotapes or any likeness of you for packaging, promotional, advertising, marketing and/or publicity purposes (where not prohibited by written law), and to the use of statements or any creative content made by or attributed to you, and any rights in connection therewith. You shall not own any rights (including moral rights) to any of your work or creations submitted in connection with the Service and accordingly agree to unconditionally waive all such rights.

You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Wells all of the license rights granted herein.

Wells does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Wells expressly disclaims any and all liability in connection with Content. Wells does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Wells will remove all Content if properly notified that such Content infringes on another's intellectual property rights.

Wells reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Wells reserves the right to remove any Content for any or no reason whatsoever without prior notice.

6. Cookies and Anonymous Identifiers

You also should be aware that information and data, including data you may not see, such as metadata, may be automatically collected through the standard operation of Wells' internet servers or through the use of "cookies." Cookies are small text files a website can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that the use of cookies or metadata may be necessary to provide the user with certain features (e.g., customized delivery of information) available on the Service.

When you visit any website, including the Service, certain information is automatically provided to the webserver, this information includes your web-browser type (e.g. Chrome, Safari, Internet Explorer or Firefox), your Internet Protocol Address (IP Address), the webpage that you are requesting, the time of the request and the date. This information is recorded in our server logs. We collect IP addresses and related information for the purpose of tracking information and to compile statistics to help us improve and administer the Site so that its users will find it more helpful and informative. The information is used solely for these analytical purposes. IP address information is not distributed to third parties.

7. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Wells' designated Copyright Agent to receive notifications of claimed infringement is Allyson Bennett, 1 Blue Bunny Drive, P.O. Box 1310, Le Mars, IA 51031, email: albennett@bluebunny.com, fax: 712-548-3008. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Wells customer service through www.bluebunny.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts serving Le Mars, Iowa, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Wells may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wells' sole discretion.

8. Health Care Related Information

You understand that Wells is not a health care provider, is not offering a health plan and is not a health care clearing house as defined in 45 C.F.R. § 164 and thus any health care related information, such as patient name, location and condition, provided by you may be publicly posted on or through the Service, and will be treated as other would any other content provided by you under this agreement. To the extent you do not agree that such information can be publicly displayed, please do not provide it on or through the service.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WELLS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WELLS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WELLS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL WELLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WELLS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Wells from its facilities in the United States of America. Wells makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Wells, its subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, please have your parents use the site on your behalf.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wells without restriction.

14. General

You agree that: (i) the Service shall be deemed solely based in Iowa; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Wells, either specific or general, in jurisdictions other than Iowa. These Terms of Service shall be governed by the internal substantive laws of the State of Iowa, without respect to its conflict of laws principles. Any claim or dispute between you and Wells that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction serving Le Mars, Iowa. These Terms of Service, together with the Wells Privacy Policy and any other legal notices published by Wells on the Service, shall constitute the entire agreement between you and Wells concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Wells' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Wells reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND WELLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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