Terms of Use - Soulful Pork

Soulfulpork.com Terms of Use

Thank for visiting this website (this “Site”), which is owned by the National Pork Board (“NPB,” “we,” “us,” and “our”). These Terms of Use apply to your use of this Site and also apply to: (a) all websites owned and/or provided by NPB and all services offered on or through this Site or any NPB website, with the exception of the website www.agview.com which is governed by a separate Terms & Conditions available on that website (“Services”); (b) all software offerings and applications owned or provided by NPB and/or available on or through this Site or any NPB website (“Software”); (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers, marketing materials, press releases, and other information and content available on or through or submitted on or through this Site or any NPB website; and (d) all social media pages operated by NPB, regardless of whether available on a NPB-owned site or a site owned by a third party.

Questions About These Terms of Use

If you have any questions about these Terms of Use, please contact us by mail at National Pork Board, 1776 N.W. 114th St., Clive, IA 50325, or by email at info@pork.org.

Your Consent to These Terms of Use

By accessing or using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site.

Your Consent to our Online Privacy Statement

Our Online Privacy Statement describes our data practices as they relate to information collected through this Site. Our Online Privacy Statement is an integral part of and is incorporated into these Terms of Use.

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click–through” agreement. If any of the terms of the clickthrough agreement are different than the terms of these Terms of Use, the terms of the clickthrough agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. If another NPB website contains Terms & Conditions that materially differ from these Terms & Conditions, the Terms & Conditions appearing on that NPB website will control in the event of any inconsistency between these terms and those.

These Terms of Use May Change

NPB reserves the right to update or modify these Terms of Use at any time and without prior notice, by posting the revised version of the Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to the revised Terms of Use. You may access the current version at any time by clicking on the link marked “Terms of Use” at the bottom of each page of the public areas of this Site. The most recent date of any material changes to these Terms of Use will be indicated by the “Last Modified” date at the bottom of these Terms of Use. No changes to these Terms of Use shall be made except by a revised posting on this page.

Definitions

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The terms “User-Generated Content” or “UGC” refer to all of the content that you post on or through this Site or using the social networking tools provided through the Site.

Use of the Site

Certain areas of the Site may be restricted to authorized users who may be required to use a password. You agree that you will not share any password(s) or any other Site access information. You agree that you will be responsible for maintaining the confidentiality of your password(s) and any other Site access information, and that you will be responsible for any and all activities that occur as a result of using your password(s) and/or other Site access information. You further agree that you will notify NPB immediately in the event that you discover any unauthorized use of your password(s) or other Site access information.

You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site (including with the delivery of any Services), that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Site (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.

Trademarks

Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the services and products of NPB and related organizations, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways

In a manner likely to cause confusion
To identify your products or services
In, as, or part of your own trademarks or service marks
In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
In a manner that disparages or dilutes the Marks.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from NPB.

Other Intellectual Property Rights

Please feel free to browse the Site. In general, and unless otherwise posted, you may review and print copies of material from the Site, provided that the material (1) is used only for non-commercial purposes,; (2) is not broadcast in any media; and (3) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Site.
You are not permitted to make or distribute copies of material on the Site for any commercial purpose without prior written permission from NPB. None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of NPB. Except as otherwise noted, all content of the Site is:
Copyright © 2021 National Pork Board. All rights reserved.
NPB has a policy of terminating services to users who willfully and/or repeatedly infringe.

Responsibility for User-Generated Content Posted on or Through this Site

You are responsible for UGC that you post:

Under no circumstances will we be liable in any way for any UGC. This means that you, not NPB, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of NPB or any person or entity associated with NPB.

You own UGC, but we may use it:

You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove UGC:

NPB has certain rights. We have the right (but do not assume the obligation) to:

monitor all UGC;
require that you avoid certain subjects;
remove or block any UGC at any time without notice at our sole and absolute discretion;
disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of NPB or others, or to enforce these Terms of Use; and
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on UGC:

It is a condition of these Terms of Use that you do not:
upload, post, transmit or otherwise make available

any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any UGC that constitutes or encourages activity illegal under criminal or civil law;
any UGC that is false, misleading, or fraudulent;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.

By posting UGC, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you are at least eighteen years old, have reached the age of majority in your state of residence , and have read and understood—and your UGC fully complies with — these Terms of Use and applicable laws and will not cause injury to any person or entity.

Removal of Content

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
a statement that you have a good-faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”),
an agent for the copyright owner, or by law;
a statement that all of the information you have provided is accurate; and
a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Your notice must be signed (physically or electronically) and must be addressed as follows:

DMCA Copyright Agent
Jill Criss
1776 NW 114th St
Clive, IA 50325
info@pork.org

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon NPB actual knowledge of facts or circumstances from which infringing material or acts are evident.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.

THE INFORMATION CONTAINED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE MEDICAL ADVICE. IT ALSO IS NOT A SUBSTITUTE FOR REGULAR MEDICAL CARE. PLEASE CONSULT WITH YOUR CARE PROVIDER ABOUT YOUR CARE OPTIONS AND FOR ANY MEDICAL ADVICE PRIOR TO BEGINNING OR CHANGING ANY HEALTH OR DIETARY REGIMEN. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR CARE BECAUSE OF ANY CONTENT PRESENTED AS PART OF THIS SITE. RELIANCE ON THE INFORMATION PRESENTED ON THIS SITE SHOULD BE UTILIZED SOLELY AT YOUR OWN RISK

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.

WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND OTHER REPRESENTATIVES EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

NOTHING IN THESE TERMS SHALL BE DEEMED A WAIVER OF SOVEREIGN IMMUNITY BY NPB, A BOARD CREATED UNDER FEDERAL STATUTE. NOTHING IN THIS AGREEMENT SHALL BE DEEMED A WAIVER OF ANY DEFENSE OR PRECONDITION TO SUIT THAT MAY BE REQUIRED BY LAW OR AVAILABLE TO NPB.

Links to Sites Operated by Third Parties

This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

NPB’s headquarters are located in Iowa. These Terms of Use shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Iowa applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Des Moines, Iowa. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Compliance with Laws

You agree that you will not use the Site or the Software or Services provided on or through the Site for any purpose that is prohibited by these Terms of Use or that is unlawful. Further, you agree not to access, download, use or export the Site or Software or Services provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or Software or Services provided on or through the Site in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Force Majeure

Notwithstanding any other provision contained in these Terms of Use, in the event that the performance of any obligation of NPB is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, pandemics, or any other cause beyond the reasonable control of NPB, then NPB shall not be responsible to you for any failure or delay in the performance of its obligations. NPB shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, NPB from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings

The headings of each of these Terms of Use are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment

You may not assign your rights or obligations under this Agreement without the prior express written consent of NPB.

Severability

In the event that any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

Entire Agreement.

These Terms of Use, together with our Privacy Policy and any applicable privacy notice or click through agreement, contain the entire understanding and agreement between you and us with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Site.

Last Modified: [04/28/21]