Terms of Use
Welcome to Milkrocks.com! This web site is owned and made available to you by MilkMedia, Inc. ("MilkMedia", "we" or "us").
YOUR ACCESS AND USE OF THE WEB SITE IS SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE WEB SITE.
Authorized use of the Web Site
The web site is provided for your personal and non-commercial use only. It is for informational and entertainment purposes. Nothing on this web site is intended to be a substitute for professional health or medical advice, diagnosis or treatment. For specific medical or health information and counsel, you should consult your personal physician prior to taking any action. Any other use of the web site requires our prior written consent.
Information
You may access the web site without providing any information, but you may choose to voluntarily provide information to register with Milkrocks.com. All email addresses much be truthful and accurate, but login names should be made up and not reveal your true identity. Despite registration, we reserve the right to suspend or terminate your access at any time with or without notice.
Contests
From time to time, we may run certain contests or sweepstakes. Each such contest or sweepstakes will have its own rules and conditions, which shall be in addition to the terms and conditions in these Terms of Use. Participation in any such contest or sweepstakes requires your acceptable of such rules and conditions.
Privacy
The privacy of your personal information is very important to us. In addition, we do not knowingly collect or seek to collect personal information from children under 13. For more information on what information we collect and how we use such information, please read our Privacy Policy. You may also visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm to learn more in general about protecting children online.
Unauthorized Use of the Web Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the web site. Further, you may not use any such automated means to manipulate the web site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the web site to any third party.
Acceptable Use Policy
If at any time we provide you with an opportunity to express your personal opinions regarding various topics or posting comment or content, you agree not to provide any information that is inappropriate, insensitive, illegal or reasonably objectionable. You hereby grant us a perpetual license to use, redact, republish, copy and distribute your postings, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment of compensation to you and without seeking any further approval from you. You agree to be solely liable for the content all of all information posted by you.
Proprietary Rights
We are the exclusive owner or authorized licensors of the web site, including all copy, software, graphics, video, audio, games, wallpapers and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. When the web site provides you with the opportunity to download content, you may do so solely for your own personal use. If any special terms and conditions apply to content, they will be presented to you prior to download and you agree to comply. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by
No Warranties
THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the web site during the prior twelve (12) months or (ii) ten dollars ($10).
Changes
We may change, suspend or terminate the web site at any time without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the web site, and you should check for such changes frequently. Your continued access of the web site after such changes conclusively demonstrates your acceptance of those changes.
Indemnification
You agree to indemnify, defend and hold us and our representatives, licensors and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Use, (ii) the content of any posting you make to the web site, (iii) your use of materials or features available on the web site (except to the extent a claim is based upon infringement of a third party right by our materials) or (iv) a violation by you of applicable law.
International Access
Our web site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the web site. We make no representations regarding the legality of this web site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law
The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE.
Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Questions
Should you have any questions regarding these Terms of Use you may contact us at:
MilkMedia, Inc.
(JavaScript must be enabled to view this email address)
139 W. 19th Street #4-SW
New York, NY 10011
YOUR ACCESS AND USE OF THE WEB SITE IS SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE WEB SITE.
Authorized use of the Web Site
The web site is provided for your personal and non-commercial use only. It is for informational and entertainment purposes. Nothing on this web site is intended to be a substitute for professional health or medical advice, diagnosis or treatment. For specific medical or health information and counsel, you should consult your personal physician prior to taking any action. Any other use of the web site requires our prior written consent.
Information
You may access the web site without providing any information, but you may choose to voluntarily provide information to register with Milkrocks.com. All email addresses much be truthful and accurate, but login names should be made up and not reveal your true identity. Despite registration, we reserve the right to suspend or terminate your access at any time with or without notice.
Contests
From time to time, we may run certain contests or sweepstakes. Each such contest or sweepstakes will have its own rules and conditions, which shall be in addition to the terms and conditions in these Terms of Use. Participation in any such contest or sweepstakes requires your acceptable of such rules and conditions.
Privacy
The privacy of your personal information is very important to us. In addition, we do not knowingly collect or seek to collect personal information from children under 13. For more information on what information we collect and how we use such information, please read our Privacy Policy. You may also visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm to learn more in general about protecting children online.
Unauthorized Use of the Web Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the web site. Further, you may not use any such automated means to manipulate the web site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the web site to any third party.
Acceptable Use Policy
If at any time we provide you with an opportunity to express your personal opinions regarding various topics or posting comment or content, you agree not to provide any information that is inappropriate, insensitive, illegal or reasonably objectionable. You hereby grant us a perpetual license to use, redact, republish, copy and distribute your postings, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment of compensation to you and without seeking any further approval from you. You agree to be solely liable for the content all of all information posted by you.
Proprietary Rights
We are the exclusive owner or authorized licensors of the web site, including all copy, software, graphics, video, audio, games, wallpapers and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. When the web site provides you with the opportunity to download content, you may do so solely for your own personal use. If any special terms and conditions apply to content, they will be presented to you prior to download and you agree to comply. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by
No Warranties
THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the web site during the prior twelve (12) months or (ii) ten dollars ($10).
Changes
We may change, suspend or terminate the web site at any time without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the web site, and you should check for such changes frequently. Your continued access of the web site after such changes conclusively demonstrates your acceptance of those changes.
Indemnification
You agree to indemnify, defend and hold us and our representatives, licensors and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Use, (ii) the content of any posting you make to the web site, (iii) your use of materials or features available on the web site (except to the extent a claim is based upon infringement of a third party right by our materials) or (iv) a violation by you of applicable law.
International Access
Our web site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the web site. We make no representations regarding the legality of this web site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law
The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE.
Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Questions
Should you have any questions regarding these Terms of Use you may contact us at:
MilkMedia, Inc.
(JavaScript must be enabled to view this email address)
139 W. 19th Street #4-SW
New York, NY 10011
