The Mussel Industry Council of North America (“Mussel Industry Council”) maintains websites currently located at www.discovermussels.com which may provide recipes; data; activities; contests; health, nutritional and educational information; information related to mussels, the mussel industry and other materials (the “content”).

 

These Terms and Conditions apply to discovermussels.com. By accessing or using discovermussels.com you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, your only recourse is to not access or use discovermussels.com.

 

 

The Mussel Industry Council reserves the right to change these Terms and Conditions at any time and your continued access to or use of discovermussels.com after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

 

 

The downloading of content is done at your own risk. The Mussel Industry Council cannot and does not guarantee or warrant that discovermussels.com or the content will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of discovermussels.com.

 

 

THIS WEBSITE AND CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF OUR WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. THE MUSSEL INDUSTRY COUNCIL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF OUR WEBSITE OR THE CONTENT.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE MUSSEL INDUSTRY COUNCIL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO OUR WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT OUR WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL THE MUSSEL INDUSTRY COUNCIL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE MUSSEL INDUSTRY COUNCIL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, OUR WEBSITE OR THE CONTENT.

 

 

Except as otherwise provided in our Privacy Statement, any material, information or other communications that you transmit via discovermussels.com or post to discovermussels.com (the “Communications”) will be considered non-confidential and non-proprietary. Except as otherwise provided in our Privacy Statement, the Mussel Industry Council and its affiliates or others may copy, display, post, transmit, disclose, communicate or otherwise use the Communications.

 

 

You may use discovermussels.com and the content only for your own personal non-commercial purposes or benefit or for non-commercial educational purposes. You acquire absolutely no rights or licenses to discovermussels.com or the content other than the limited right to use discovermussels.com and the content in accordance with these Terms and Conditions. Except as provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on discovermussels.com or the content, in whole or in part, and any disassembly, reverse engineering or other exploitation of discovermussels.com, without the Mussel Industry Council’s prior written permission, is strictly prohibited. You may not frame discovermussels.com or the content or any part thereof on any commercial or non-commercial Internet website.

 

 

You agree that you will not use this website for any purpose that is unlawful. You are prohibited from posting or transmitting to or from discovermussels.com any virus, defect or other harmful disruptive component; or any unlawful, threatening, libelous, profane, defamatory, obscene or pornographic material; or any material that would infringe the copyright or other intellectual property rights of another party.

 

 

This website contains links to third party websites. The Mussel Industry Council does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under the Mussel Industry Council’s control and if you choose to access any such website, you do so entirely at your own risk.

 

 

These Terms and Conditions are governed by the laws of the Province of Prince Edward Island and the applicable laws of Canada and these laws apply to the use of this website or the content provided by you, notwithstanding your domicile, residency or physical location. Our website and the content is intended for use only in jurisdictions where they may lawfully be offered for use.

 

 

These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between the Mussel Industry Council and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Mussel Industry Council with respect to discovermussels.com website.

 

The Mussel Industry Council’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as waiver of any provisions or right. If any of the provisions in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

 

 

©2009 Mussel Industry Council of North America. All rights reserved. No part of this website or the content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of the Mussel Industry Council, except to the extent that such use is for your personal non-commercial use or for non-commercial educational purposes. To request such consent, please contact us. All copies must include this copyright notice.

 

 

 

 

The Mussel Industry Council is committed to protecting your privacy, and supports a general policy of openness about how we collect, use and disclose your personal information.

 

The purpose of this Privacy Statement is to inform you about the Mussel Industry Council’s practices relating to the collection, use and disclosure of personal information that you voluntarily provide to us through the use of either of our websites currently located at www.discovermussels.ca (“discovermussels.com”).

 

This Privacy Statement does not apply to information provided through the Processors Only section of the www.discovermussels.com website nor does it apply to employee personal information held by the Mussel Industry Council.

 

This Privacy Statement also explains how you can contact us if you have a question about, want to make a change to or delete any personal information that the Mussel Industry Council may be holding about you. We strongly recommend that you take the time to read this Privacy Statement and retain it for future reference.

 

Effective January 1, 2004, private sector organizations must follow a code for the protection of personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

 

For the purpose of this Privacy Statement, “personal information” means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.

 

Personal information includes any factual or subjective information about an identifiable individual. For the Mussel Industry Council’s purposes this includes but is not limited to name, address, telephone number, email address and/or comments.

 

Personal information does not include that which may be contained in a business card, such as the name, title, business address and telephone number of an employee of an organization.

 

 

At present (June 2009) the site does not collect any personal information except through any emails directed to the Mussel Industry Council’s contact e-mail. In the future as more interactive elements require sign in and a login account, you will be required to provide some personal information.

 

The personal information collected may include but is not restricted to, the following:

 

 

 

Your personal information will be used only for the purposes for which you voluntarily provide it to us.

These purposes include sending you, by way of e-mail or mailings, materials that you have requested such as newsletters, updates, recipes, health and nutrition tips, educational materials and other information items.

 

You may ask us to stop sending you such materials at any time. We may also use the information that you voluntarily provide to gain a better understanding of mussels-related consumption habits and to improve our website and our educational and information materials.

 

 

The Mussel Industry Council does not and will not sell, license, trade or rent your personal information to or with third parties.

 

The Mussel Industry Council’s marketing and promotions agency is prohibited by us from using your personal information for any purposes other than those described above and from disclosing the information to any third party. The agency is required to protect the personal information it receives from the Mussel Industry Council and to comply with the general principles described in this Privacy Statement.

 

The Mussel Industry Council reserves the right to disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so.

 

 

The Mussel Industry Council collects personal information about you only when you voluntarily provide it.

We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that which is required to fulfill the purposes for which the information is being provided by you.

 

However, your voluntary provision of additional information helps us to improve and expand the educational and information services offered.

 

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us.

 

 

The Mussel Industry Council makes all commercially reasonable efforts to ensure that the personal information that you provide to us is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy form. Access to your personal information is restricted to selected employees or representatives.

 

The Mussel Industry Council employs generally accepted information security techniques, such as firewalls, and access control procedures to protect personal information against loss and unauthorized access.

 

The Mussel Industry Council retains your personal information only for as long as is necessary to fulfill the purposes for which it was collected and to comply with applicable laws.

 

 

Upon your request, we will make all commercially reasonable efforts to make the personal information that we hold about you available to you. In certain limited circumstances, such as where the information is prohibitively costly to provide, the information contains references to other individuals, or the information cannot be disclosed for legal or security reasons, we may not be able to make all of the information that you have requested available to you.

 

You may request access to your personal information and help us maintain the accuracy of your personal information by contacting us and notifying us of any changes to this information.

 

 

If you have reason to believe that the Mussel Industry Council may have failed to comply with this Privacy Statement, you may make a complaint by contacting us.

 

 

discovermussels.com may offer links to other third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. The Mussel Industry Council is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.

 

 

The Mussel Industry Council reserves the right to modify this Privacy Statement at any time without notice. The Privacy Statement posted at any time or from time to time via discovermussels.com shall be deemed to be the Privacy Statement then in effect. The Privacy Policy shall be dated as to the last revision.

 

 

In the event that you have any questions about this Privacy Statement or for any of the other reasons indicated above, you may contact us at the addresses below.

 

Linda Duncan
Executive Director

 

Mussel Industry Council of North America
101 Longworth Avenue
Charlottetown
Prince Edward Island
C1A 5A9
Canada

 

Email: LindaDuncan@discovermussels.com
Phone: 902-894-9976
Fax: 902-626-3954