Terms of Use

ACCEPTANCE These are official terms and conditions and form a legally binding agreement between you and MILKFIX. These terms and conditions apply to all users of this MILKFIX site the Website. We take our legal compliance requirements seriously and take all reasonable steps to ensure our work does not violate any law or third party rights. If you register to become a user, you represent and warrant that all information you provide on the registration form is current, complete and accurate. During the registration process, you may be required to choose a password. You agree that MILKFIX.. may rely on this password to identify you.

You are responsible for all use of your account, regardless of whether you authorized such use, and for ensuring that all use of your account complies with these Terms of Service.

You acknowledge and agree that the technical processing and transmission of The Website, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Further acknowledge and agree that other data collected and maintained by MILKFIX.. with regard to its users may be disclosed in accordance with the federal and state laws and MILKFIX.’s Privacy Policy.

If you do not agree to be bound by the terms and conditions contained herein, then do not use The Website. The Website Owner reserves the right to amend these terms of service from time to time and will utilize commercially reasonable efforts to provide notice of such changes. The changes will become binding 30 days after they are posted on The Website, and your use of The Website following the 30 day period will signify your assent to and acceptance of its revised terms.

PRIVACY POLICY

This Privacy Policy governs the manner in which MILKFIX collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.milkfix.com website (“Site”). This privacy policy applies to the Website and all products and services offered by MILKFIX. Personal identification information We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. Web browser cookies Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. How we use collected information MILKFIX collects and uses Users personal information for the following purposes:

– To process transactions We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

– To send periodic emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.

 

How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Sharing your personal information We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Changes to this privacy policy MILKFIX has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

USE OF LICENSE

Permission is granted to temporarily download one copy of MILKFIX materials (information or software) on MILKFIX. web site for personal, non-commercial transitory viewing only. Some content is embedded material that MILKFIX does not own and cannot give permission to use or copy. You may access the embedded link and be directly transferred to the content owner’s site for viewing without leaving your MILKFIX portal page.This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials or any embedded link;

ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on MILKFIX. web site;

iv. remove any copyright or other proprietary notations from the materials; or

v. transfer the materials to another person or “mirror” the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by MILKFIX at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

DESCRIPTION OF WEBSITE CONTENT The Website may also contain certain links to third party websites which are in no way owned or controlled by MILKFIX.. MILKFIX. assumes no responsibility for the content, privacy policies, practices of any and all third party websites. MILKFIX.. cannot censor or edit the content of third party sites. You acknowledge that MILKFIX.. will not be liable for any and all liability arising for your use of any third-party website.

CONDUCT Any illegal and/or unauthorized use of The Website is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails, unauthorized framing, linking to The Website, or any other purpose, is prohibited.

You acknowledge and agree that you shall be responsible for your own content if you upload comments, images, videos; embedded links or other comment to MILKFIX and the consequences of posting, uploading, publishing, transmitting or other using it. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on The Website content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, hateful, racial or invasive of one’s privacy including but not limited to personal information. You also agree that you shall not post, upload, publish, transmit or make available in any way on The Website software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, be malicious in any manner, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on The Website content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (nor others using your account) engage in, promote, post, upload, publish, transmit or make available in any way on The Website content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use The Website in any way that exposes MILKFIX.. to criminal or civil liability and will indemnify MILKFIX.. for any fees, penalties, losses or attorneys fees associated therewith. You agree that MILKFIX.. shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

INTELLECTUAL PROPERTY Our content is legally protected including all media and materials, all software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of The Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as (“Content”). Content on The Website is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MILKFIX.. reserves all rights not expressly granted in and to The Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of The Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of The Website or the Content therein.

MILKFIX. does not endorse any manufacturer, distributor or sales company, or any opinion, recommendation, or advice expressed therein, and MILKFIX. expressly disclaims any and all liability in connection therewith. MILKFIX. reserves the right to remove Content without prior notice or delay. MILKFIX. will also terminate a User’s access to its Website, if they are determined to be an infringer. MILKFIX. reserves the right to decide in its sole and unfettered discretion, whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, trademark infringement and other violations of intellectual property law, such as, but not limited to, obscene or defamatory material.

MILKFIX. does not permit copyright or trademark infringing activities or infringement of other intellectual property rights on its Website, and will promptly and without prior notice remove all content and user Submissions if properly notified of infringements on third party’s intellectual property rights. Repeat infringers will have their user access to The Website terminated. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA agent info at milkfix.com with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail): (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of The Website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (3) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail; (4) a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner`s behalf.

USER CONTENT UPLOADED TO MILKFIX You shall be solely responsible for your own uploaded content and the consequences of posting or publishing them. MILKFIX reserves the right to discontinue any aspect of The Website or mobile application services at any time. Furthermore, you affirm, represent and/or warrant that:

1. You own or retain the necessary licenses, rights, consents, and permissions to use and authorize MILKFIX. to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all content to enable inclusion and use of the content in the manner contemplated by The Website and these Terms of Service.

2. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through The Website.

 

In submitting material (video or other communication), you further agree that you shall not, or allow your account to be used to:

1. Submit material that is copyrighted, trademarked, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MILKFIX., all of the license rights granted herein.

2. Publish falsehoods or misrepresentations that could damage MILKFIX or any third party;

3. Submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

4. Use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from The Website, unless you are expressly authorized to do so by MILKFIX.

5. Use or launch any automated system that accesses The Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser.

6. Collect or harvest any personally identifiable information, including account names, from The Website.

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MILKFIX. with respect thereto, and agree to indemnify and hold MILKFIX. its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your automated marketing campaign and your use of The Website.

NOTICES TO MILKFIX.

Communications from you to MILKFIX may be made to info at milkfix.com .

VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

The Terms and Conditions will be governed by the laws of the Romania without regard to choice of law principles. Any controversy or dispute arising out of or related to these Terms and Conditions that cannot be amicably resolved will be settled in arbitration. The place of the arbitration or litigation will be Romania, Europe; provided, however, that notwithstanding the foregoing, you agree that MILKFIX. has the right to commence and prosecute an action against you in connection with these terms of service, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

ACCOUNT TERMINATION POLICY

A user’s access to MILKFIX. will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. MILKFIX reserves the right to decide whether Content is appropriate and complies with these Terms and Conditions in regards to violations other than copyright and trademark infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. MILKFIX. may remove such Content and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion. Page 7 of 8

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY IN NO EVENT SHALL MILKFIX., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MILKFIX., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MILKFIX. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,

3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

5. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MILKFIX. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MILKFIX. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MILKFIX. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

INDEMNITY You agree to defend, indemnify and hold harmless MILKFIX, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

1. your use of and access to The Website;

2. your violation of any term of these Terms of Service;

3. your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or

4. Any claim that one of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of The Website.

 

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.