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Welcome to MilkMyCow.Com! MilkMyCow.Com
Enterprises, its parent, subsidiary and affiliated companies maintain
this site (the "Site") for your personal entertainment, information,
education, and communication. Please feel free to browse the Site. You
may download material displayed on the Site for non-commercial,
personal use only provided you also retain all copyright and other
proprietary notices contained on the materials. You may not, however,
distribute, modify, transmit, reuse, re-post, or use the content of
the Site for public or commercial purposes, including the text,
images, audio, and video without MMC's written permission.
Your access to and use of the Site is also subject to the following
terms and conditions ("Terms and Conditions") and all applicable laws.
By accessing and browsing the Site, you accept, without limitation or
qualification, these Terms and Conditions. If you do not agree to
these Terms and Conditions, please do not use the Site.
Terms and Conditions
1. You should assume that everything you see or read on the Site is
copyrighted unless otherwise noted, and may not be used except as
provided in these Terms and Conditions without the written permission
of MilkMyCow. MMC neither warrants nor represents that your use of
materials displayed on the Site will not infringe rights of third
parties not owned by or affiliated with MilkMyCow.Com.
2. While MMC uses reasonable efforts to include accurate and up to
date information in the Site, MMC makes no warranties or
representations as to its accuracy. MMC assumes no liability or
responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither
MilkMyCow.Com nor any other party involved in creating, producing, or
delivering the Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your
access to, or use of, the Site. Without limiting the foregoing,
everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion of implied
warranties. MilkMyCow.Com 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, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site.
4. MilkMyCow.Com will be your "choice" website. You will live by it,
and tell everyone that you know how cool and entertaining the site is.
You may also link our site from your own page.
5. Images of people or places displayed on the Site are either the
property of, or used with permission by, MilkMyCow.Com. The use of
these images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms and Conditions or
specific permission provided elsewhere on the Site. Any unauthorized
use of the images may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of MilkMyCow.Com and others. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the
Site without the written permission of MMC or such third party that
may own the Trademarks displayed on the Site. Your misuse of the
Trademarks displayed on the Site, or any other content on the Site,
except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that MMC will aggressively enforce
its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
7. MilkMyCow.Com has not reviewed all of the sites linked to the Site
and is not responsible for the content of any off-site pages or any
other sites linked to the Site. Your linking to any other off-site
pages or other sites is at your own risk.
8. Although MMC may from time to time monitor or review discussions,
chats, postings, transmissions, bulletin boards, and the like on the
Site, MMC is under no obligation to do so and assumes no
responsibility or liability arising from the content of any such
locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such locations on the Site. You
are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. MilkMyCow.Com will
fully cooperate with any law enforcement authorities or court order
requesting or directing MilkMyCow.Com to disclose the identity of
anyone posting any such information or materials.
9. MilkMyCow.Com respects the privacy concerns of the users of its
Sites. As a general policy, no personal information is automatically
collected from users of its Sites. However, certain non-personal
information is recorded by the standard operation of MilkMyCow.Com’s
Internet servers. Information, such as the type of browser being used,
its operating system, and your domain name is gathered in order to
customize your online experience. Other uses of this information
include internal review of the number of users to the Sites, but only
in an aggregate and non-personally-identifiable form. This data may be
provided to other parties for marketing, advertising or other uses.
Personally identifiable information that may be collected in
connection with your voluntarily filling out contest entry forms is
retained by MilkMyCow.Com and is not sold or otherwise transferred
outside the company without your prior consent. This information may
be used to better understand your use of the Sites and to support
advertising transactions made on the Sites.
FOR PARENTS CONCERNING PRIVACY:
On the Sites specifically designed for children, MilkMyCow.Com
requires children to consult with their parents before furnishing
data. However, MilkMyCow.Com believes that parents should supervise
their children’s online activities and consider using parental control
tools available from online services and software manufacturers that
may help provide a child-friendly online environment. These tools may
also prevent children from disclosing online their name, address, and
other personal information without parental permission. Personal
information about or obtained from a child will not be used for
commercial or trade purposes without the prior written consent of a
parent or legal guardian of the child.
10. You agree to indemnify, defend and hold MilkMyCow.Com and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "Indemnified
Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by any
Indemnified Party in connection with any breach by you of these Terms
and Conditions. MilkMyCow.Com reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to
cooperate with MilkMyCow.Com’s defense of such claim.
11. The Sites are controlled and operated by MilkMyCow.Com from its
offices within the State of Texas, United States of America.
MilkMyCow.Com makes no representation that materials in the Sites are
appropriate or available for use in other locations and other
countries. Those who choose to access the Sites from other locations
do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Texas, as it is applied to
agreements entered into and to be performed entirely within such
State. Any action you, any third party or MilkMyCow.Com bring to
enforce this agreement or, in connection with, any matters related to
this site shall be brought only in either the state or Federal Courts
located in Dallas County, Texas, and you expressly consent to the
jurisdiction of said courts. If any provision of this agreement shall
be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the
matters contained herein and shall not be modified except in writing,
signed by MilkMyCow.Com.
12. Software from this Site is further subject to United States Export
Controls. No software from this Site may be downloaded or exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the United States has
embargoed goods; or (ii) anyone on the United States Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
the software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or
on any such list.
13. MilkMyCow.Com may at any time revise these Terms and Conditions by
updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the then current
Terms and Conditions to which you are bound.
© 2001 MilkMyCow.Com
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