Terms of Service:

The following terms and conditions govern all use of the poyntondairy.co.uk website and all content, services, and products available at or through the website (collectively, the “Website”). The Website is owned and operated by Poynton Dairy (“Poynton Dairy”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Poynton Dairy’s Privacy Policy), and procedures that may be published from time to time on this Site by Poynton Dairy (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access the Website or use any services. If these terms and conditions are considered an offer by Poynton Dairy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your poyntondairy.co.uk Account and Site
If you create a blog or site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Poynton Dairy may change or remove any description or keyword it considers inappropriate or unlawful, or otherwise likely to cause Poynton Dairy liability. You must immediately notify Poynton Dairy of any unauthorized uses of your blog, your account, or any other breaches of security. Poynton Dairy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your blog is not advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs, and websites, and similar unsolicited promotional methods;
  • Your blog is not named in a manner that misleads your readers into thinking you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Poynton Dairy or otherwise.

By submitting Content to Poynton Dairy for inclusion on your Website, you grant Poynton Dairy a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, Poynton Dairy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Poynton Dairy has the right (though not the obligation) to, in Poynton Dairy’s sole discretion (i) refuse or remove any content that, in Poynton Dairy’s reasonable opinion, violates any Poynton Dairy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Poynton Dairy’s sole discretion. Poynton Dairy will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

  • General Terms
    By selecting a product or service, you agree to pay Poynton Dairy the one-time and/or monthly or annual subscription fees indicated. Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are non-refundable.

  • Automatic Renewal
    Unless you notify Poynton Dairy before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Poynton Dairy in writing.

Services

  • Fees; Payment
    By signing up for a Services account you agree to pay Poynton Dairy the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Poynton Dairy reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to Poynton Dairy.

  • Support
    If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Poynton Dairy to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Poynton Dairy services. All support will be provided in accordance with Poynton Dairy’s standard services practices, procedures, and policies.

Responsibility of Website Visitors
Poynton Dairy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. By operating the Website, Poynton Dairy does not represent or imply that it endorses the material posted or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties. Poynton Dairy disclaims any responsibility for any harm resulting from the use by visitors of the Website or from any downloading by those visitors of content posted.

Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which poyntondairy.co.uk links, and that link to poyntondairy.co.uk. Poynton Dairy does not have any control over those non-Poynton Dairy websites and webpages, and is not responsible for their contents or their use. By linking to a non-Poynton Dairy website or webpage, Poynton Dairy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Poynton Dairy disclaims any responsibility for any harm resulting from your use of non-Poynton Dairy websites and webpages.

Copyright Infringement and DMCA Policy
As Poynton Dairy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by poyntondairy.co.uk violates your copyright, you are encouraged to notify Poynton Dairy in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. Poynton Dairy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Poynton Dairy will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Poynton Dairy or others. In the case of such termination, Poynton Dairy will have no obligation to provide a refund of any amounts previously paid to Poynton Dairy.

Intellectual Property
This Agreement does not transfer from Poynton Dairy to you any Poynton Dairy or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Poynton Dairy. Poynton Dairy, poyntondairy.co.uk, the poyntondairy.co.uk logo, and all other trademarks, service marks, graphics, and logos used in connection with poyntondairy.co.uk, or the Website are trademarks or registered trademarks of Poynton Dairy or Poynton Dairy’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Poynton Dairy or third-party trademarks.

Changes
Poynton Dairy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Poynton Dairy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination
Poynton Dairy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your poyntondairy.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such an account can only be terminated by Poynton Dairy if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Poynton Dairy’s notice to you thereof; provided that, Poynton Dairy can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties
The Website is provided “as is”. Poynton Dairy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Poynton Dairy nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability
In no event will Poynton Dairy, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Poynton Dairy under this Agreement during the twelve (12) month period prior to the cause of action. Poynton Dairy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Poynton Dairy Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification
You agree to indemnify and hold harmless Poynton Dairy, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous
This Agreement constitutes the entire agreement between Poynton Dairy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Poynton Dairy, or by the posting by Poynton Dairy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the UK, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in London, UK. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Act in London, UK, by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, UK, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Poynton Dairy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Privacy Policy:

Poynton Dairy (“Poynton Dairy”) operates poyntondairy.co.uk and may operate other websites. It is Poynton Dairy’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors
Like most website operators, Poynton Dairy collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Poynton Dairy’s purpose in collecting non-personally identifying information is to better understand how Poynton Dairy’s visitors use its website. From time to time, Poynton Dairy may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Poynton Dairy also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged-in users and for users leaving comments on poyntondairy.co.uk blogs/sites. Poynton Dairy only discloses logged-in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information
Certain visitors to Poynton Dairy’s websites choose to interact with Poynton Dairy in ways that require Poynton Dairy to gather personally-identifying information. The amount and type of information that Poynton Dairy gathers depends on the nature of the interaction. For example, we ask visitors who sign up at poyntondairy.co.uk to provide a username and email address. Those who engage in transactions with Poynton Dairy are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Poynton Dairy collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Poynton Dairy. Poynton Dairy does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics
Poynton Dairy may collect statistics about the behavior of visitors to its websites. Poynton Dairy may display this information publicly or provide it to others. However, Poynton Dairy does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information
Poynton Dairy discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Poynton Dairy’s behalf or to provide services available at Poynton Dairy’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Poynton Dairy’s websites, you consent to the transfer of such information to them. Poynton Dairy will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, Poynton Dairy discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order, or other governmental request, or when Poynton Dairy believes in good faith that disclosure is reasonably necessary to protect the property or rights of Poynton Dairy, third parties, or the public at large.

If you are a registered user of a Poynton Dairy website and have supplied your email address, Poynton Dairy may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Poynton Dairy and our products. If you send us a request (for example, via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Poynton Dairy takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Poynton Dairy uses cookies to help Poynton Dairy identify and track visitors, their usage of Poynton Dairy website, and their website access preferences. Poynton Dairy visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Poynton Dairy’s websites, with the drawback that certain features of Poynton Dairy’s websites may not function properly without the aid of cookies.

Business Transfers
If Poynton Dairy, or substantially all of its assets, were acquired, or in the unlikely event that Poynton Dairy goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Poynton Dairy may continue to use your personal information as set forth in this policy.

Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Poynton Dairy and does not cover the use of cookies by any advertisers.

Privacy Policy Changes
Although most changes are likely to be minor, Poynton Dairy may change its Privacy Policy from time to time, and in Poynton Dairy’s sole discretion. Poynton Dairy encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a poyntondairy.co.uk account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.