Milk Studio, its affiliate and subsidiary companies welcomes you to its Web site located at www.milkworkflow.com and its related sites (the "Site"). The following Terms and Conditions govern your use of the Site. Please take a moment to review them. When you access, view, submit, or use the software, content, material, or services available on or through the Site you agree, on behalf of yourself and any company or organization on whose behalf you actually or allegedly act, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Site and must exit immediately. Milk Studio reserves the right at any time to modify, alter or update these Terms of Use. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. The Site must not be used by children under 13.
The Site allow you to contribute photographs, pictures, videos, recordings, postings, and other materials and information for access, use, and commentary by other visitors to the Site. As to the photographs and content that are submitted by users of the Site, Milk Studio, its subsidiaries, and affiliates (collectively referred to as "Milk Studio") does not guarantee the accuracy or completeness of any photographs or content and cannot be responsible for any photographs or content. By submitting photographs, pictures, videos, recordings, postings, materials, information, and content to or using the Site ("User Materials"), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Materials or other material or information to Milk Studio, you grant Milk Studio, and Milk Studio thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials that you submit to the Site for the purpose of providing the Site and Site products and services and for all other business purposes of Milk Studio, all without any compensation to you whatsoever. Milk Studio may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in Milk Studio's sole discretion. Milk Studio shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. If you believe that any photographs or content on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 10 of these Terms and Conditions.
User Materials stored on the Site are stored by Milk Studio only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. Milk Studio will not, and is not obligated to, maintain back-up copies of any User Materials.
All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, services, information and material appearing on, contained in, or made available through the Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, look and feel attributes and other intellectual property) are Milk Studio's copyrighted works, all rights reserved, or the copyrighted works of Milk Studio's affiliates, licensors, or suppliers. Milk Studio also owns a copyright in the Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Milk Studio, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Milk Studio, without Milk Studio's advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Milk Studio or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
The Site is available for informational purposes only. Parties other than Milk Studio may provide products or services on the Site. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Milk Studio expressly disclaims any and all responsibility for or related to the User Materials or products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, the Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Milk Studio expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
Milk Studio endeavors to keep the Site and Site Materials on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Milk Studio is not responsible for any errors or omissions in the Site or Site Materials. Milk Studio may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, at any time, and Milk Studio makes no commitment to update the information contained on or in the Site. Milk Studio reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
You shall defend Milk Studio and its directors, officers, employees, agents, and contractors ("Milk Studio Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information, materials on and in and made available through the Site, (except to the extent attributable to Milk Studio), or any breach by you of these Terms and Conditions and shall indemnify and hold Milk Studio Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneysÕ fees and attorneysÕ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Milk Studio.
Milk Studio may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Milk Studio does not notify you within 30 days after notice of the Claim that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the Milk Studio, subject to the right of Milk Studio to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
If you believe that any photographs or content on the Site violate your intellectual property or other rights, please send to Milk Studio support@milkworkflow.com a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Milk Studio nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
These Terms and Conditions represent the entire agreement between you and Milk Studio with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on the Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in New York City, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, Milk Studio makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Milk Studio to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions. The waiver or failure of Milk Studio to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
Effective July 1, 2013.
Last updated: July 1, 2013
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