Terms and Conditions
Updated: November 01, 2010
Welcome to the Web site ("Web Site") of Milkshake, LLC. ("Milkshake", "we," "us" or "our").
You must be at least 13 years of age to access and use the Service(s).
1. LICENSE FROM MILKSHAKE
Milkshake grants you a limited license to access and make personal use of its Services and not to download (other than page caching) or modify them, or any portion(s) thereof, except with the prior express written consent of an authorized representative of Milkshake. This license does not include any resale or commercial use of the Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools.
The Services, including any portion(s) thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of an authorized representative of Milkshake. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Milkshake and our partners and affiliates without the respective owner's prior express written consent of an authorized representative.
You may not use any meta tags or any other "hidden text" utilizing Milkshake's name or trademarks and any term or phrase or logo that may infringe or have the likelihood of being considered confusingly similar thereto without the prior express written consent of an authorized representative of Milkshake.
MILKSHAKE™, ALL THAT'S GOOD™ and other Milkshake graphics, logos, designs, page headers, button icons, scripts, domain names and service names are registered trademarks, trademarks or trade dress of Milkshake in the U.S. and other countries. Milkshake's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of an authorized representative of Milkshake.
3. PROPRIETARY RIGHTS
4. USER INFORMATION
To the extent that portions of the Services provide users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of Milkshake. In no event shall Milkshake assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or through the Services.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You hereby authorize Milkshake to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Milkshake will have the right to use and change the Postings at any time and in any manner that Milkshake may determine in its sole and absolute discretion. Additionally, Milkshake may sweep its chatrooms and/or message boards periodically in its sole discretion.
Milkshake does not allow Postings which contain:
- private or personal information which might identify a user
- profanity or obscenities
- personal attacks on other individuals
- materials that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, materials that would violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right
- virus, spyware, or other harmful component
- embedded links, advertising, chain letters or pyramid schemes of any kind
- false or misleading indications of origin, endorsement or statements of fact
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information or material that Milkshake deems in its sole discretion to be inappropriate for this Web Site
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Services or Milkshake. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. Remember that you alone are responsible for the content and consequences of any of your activities and assume all risk of harm associated therewith.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Services, by e-mail, telephone or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit to our chat rooms, message boards, and/or our blogs, or via telephone or e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a fully paid, royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
We shall not be liable to you or to any person claiming through you for any exploitation, disclosure, deletion or destruction of any Submitted Materials.
7. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SERVICES
Milkshake will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked Web sites.
8. CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES
9. PARENTAL PERMISSION
Our Services are not intended to be for children under the age of 13. In addition, some of the available information may concern certain topics that may not be appropriate for minors (as defined by applicable law). Milkshake may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Milkshake may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
10. ADS AND MALWARE
We take great care and pride in creating this Service. We are always on the lookout for technical glitches that effect how the Service works. When we find them on our end, we will use our commercially reasonable efforts to fix them. Unfortunately, your computer may cause some glitches that effect how you see or interact with our Services--and that is beyond our control.
If you experience any unusual behavior, content or ads on the Services, it may be the result of Malware on your computer. Malware--short for Malicious software--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Services is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Services and on other Web sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download Web site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us. email@example.com
YOU EXPRESSLY UNDERSTAND THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEB SITE AND ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS, INFORMATION, DATA, POSTINGS, SUBMISSIONS AND MATERIALS (COLLECTIVELY THE "SERVICES"), ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MILKSHAKE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, DOWNLOADING OR BROWSING IN THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
WE TRY TO ENSURE THAT THE INFORMATION CONTAINED IN OR PROVIDED BY THE SERVICES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE SERVICES, PRODUCTS, CONTENT, FUNCTIONS, POSTINGS, INFORMATION, DATA, SUBMISSIONS AND MATERIALS CONTAINED IN OR PROVIDED BY THE SERVICES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN OR PROVIDED BY THE SERVICES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION CONTAINED IN OR PROVIDED BY THE SERVICES.
13. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MILKSHAKE, OR ANY IMDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES, YOUR PROVISION OF INFORMATION VIA THE SERVICE OR OTHERWISE, LOST BUSINESS OR LOST SALES, EVEN IF MILKSHAKE OR ANY SUCH INDEMNFIIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. JURISDICTIONAL AND VENUE ISSUES
17. GENERAL PROVISIONS
Supply of goods, services and software through this Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through this Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.
19. ENTIRE AGREEMENT
20. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a notification of such infringement to Milkshake at: firstname.lastname@example.org