- Introduction, Scope.
These Terms and Conditions of Service (hereinafter referred to as the “Terms”) shall rule the activities you may undertake though the usage and access of Milk & Honey bar · kitchen’s (“MH”) products and services provided through the website located at http://milkandhoneybarkitchen.com/ (hereinafter, the “Site”). The Terms shall also include any supplemental terms, guidelines and/or policies thereof (hereby incorporated by reference) and provided to you for by MH. Through the simple access or use the Site, you hereby agree to these Terms and are executing a legal agreement with MH. Please exit or do not use the Site if you are reluctant to or incapable of being bound by these Terms. Your use of the Site is at your own risk, including the risk of exposure to content that may be inaccurate, offensive or otherwise inappropriate.
By using the Site and/or registering with us, you hereby acknowledge that you have read the Terms and any supplemental terms thereof, such action constituting your acceptance of the terms, conditions and notices contained herein.
“You”, “your”, and/or “yourself” shall refer to you, as a user of the Site. “We”, “us,” and “our” shall refer to MH and/or its parent, subsidiaries, assignees, successors, affiliates, and/or brands.
MH constantly innovates in order to provide you the best possible user experience. You hereby acknowledge and agree that the form and nature of the services which MH may provide are subject to changes from time to time and without any prior notice to you. As part of this innovation, you also acknowledge and agree that MH may bring to a halt (permanently or temporarily) such services (or any features thereof) to you or to users, at MH’s sole and final discretion. You may stop using the Site at any time. You do not need to specifically inform us when you will stop using our services.
To prevent violations and enforce this Terms and apply any remediate, we can take any technical, legal, and other measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user. The Site and any services therefrom are based in the United States of America and, thus, are not designed or customized for any other country. You may use them only if they comply with the laws of the country from which you are accessing them.
MH duly undertakes the protection of minors and children, and thereby encourages parents, legal guardians and adults to be actively involved in helping their minors learn about the safe use of the Internet. You hereby acknowledge that you are at least thirteen years of age, or older, as of the date of first access to the Site, and, if you are still a minor (this may depends on the jurisdiction where you reside), are therefore using the Site under the supervision of your parent, legal guardian, or other responsible adult. Please tell your parent or guardian or any adult to read this Agreement with you, as children under such age are not allowed to visit the Site or use our services otherwise.
We hereby reserve the right to update the Site, the Terms and the Policy, at any time and without prior notice. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If we make material changes to these Terms, such updates will be prominently displayed in the Site, and we may also notify you by Email. Please see the date at the top of this page for the date that changes were last made. You should review these Terms regularly since updated versions will be binding on you. Use your browser’s “Print” button to keep a copy of these Terms. Any such modification will be immediately effective upon posting of the new Terms. Your continued use of the Site, either by registration or simple use, after the effective date of modifications to the Terms, indicates your acceptance of any modifications thereof.
You may need a username to use some of our services. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our services. If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. We are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. You are responsible for obtaining, at your own expense, all equipment and services needed to access our services. If you are accessing our services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services.
We shall not be obliged to impose the Terms against another user on your behalf. We will gladly accept communications from you regarding any activities which may entail the violation of these Terms by another user. We also reserve the right to examine and take suitable course of action, at our sole and final discretion, in order to finalize such alleged violations.
To use our services, you must comply with applicable laws and regulations and immediately notify us if you learn of a security breach or other illegal activity on the services.
You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site to:
- Encourage a conduct which would potentially give birth to a claim of defamation and/or libel, or that otherwise violates the laws of any jurisdiction;
- Plagiarize or infringe the intellectual property rights of a third party;
- Use any automated process to access or use the services or any process, whether automated or manual, to capture data or content from any service for any reason;
- Disrupt the normal flow of dialogue and/or exchange on the Site;
- Assist, encourage, or enable others to infringe the Terms;
- Upload, post or otherwise disseminate any Content that infringes any intellectual property right, including patent, trademark, trade secret, copyright or other proprietary rights of any third party, or in any way exploit the Site other than as specifically sanctioned by MH;
- Reverse-engineer the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; and/or
- Engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else.
You agree that any ideas, suggestions, documents or proposals that you provide us shall not: (i) contain confidential or proprietary information of third parties, and (ii) put us under obligation of confidentiality.
- No Spam.
You may not use nor allow others to use your username or any information regarding the Site to e-mail, instant message, voice mail, fax, chat, send spam (e-mail) and spim (instant messages), or send any other unsolicited bulk communication. You may not access the Services to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on any of our services.
- Third parties.
If we provide links or pointers to other websites, no inference or assumption should be made that we operates, controls or otherwise are connected with these websites. We will not warn you that you have left a Site. In some cases it may be less obvious than others that you have left the Site and reached another website.
Some of our services may be supported by advertising and other promotions. These advertisements may be targeted to the content the Site. The nature and extent of such advertising by us is subject to change without prior specific notice. As consideration for our services offered through the Site, you hereby agree that we may serve such advertising on the Site. Please refer to the Policy for information regarding advertisement opt-out.
When accessing the Site or using our services, you and other users may post comments, questions, ideas, upload photos and other kind of multimedia content. MH hereby reserves the right (but not the obligation) to remove and/or edit such content, and we have the right but not the obligation to monitor and edit or remove any activity or content. You hereby grant MH an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories in the world, fully sub licensable right to MH and/or its licensors, partners, sponsors, affiliates and/or agents, to use, reproduce, translate, modify, adapt, create derivative works from, distribute, publish and display any content you may upload, disseminate, deliver, create or transfer throughout the Site when posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or otherwise submitting any kind of multimedia content to MH, for any media, during the term of this Agreement, including the right to reproduce, adapt, modify, translate, publish, and distribute Content solely for the purpose of enabling MH to provide you with its services. Unless it is set forth in contrary, you hereby waive all rights to any claim against us for any alleged or actual infringements of any intellectual property rights, rights of privacy and publicity and moral rights. We neither assume any responsibility nor liability for any content posted by you or any third party.
You confirm and warrant to MH that you have all the rights, power and authority necessary to grant the above-mentioned license.
MH hereby gives you a personal, limited, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the services and/or software provided to you by MH. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by MH, in the manner permitted by these Terms and subject to your compliance thereof.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by MH, in writing.
- Claims of copyright infringement.
MH stands ready to remove content upon notice and request by a copyright holder. If you believe that any content or other material provided through the Site allegedly infringes the copyright or you or a third party, please notify IDF of your claim to firstname.lastname@example.org (subject: “Takedown Request”). MH may remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion. We may also disable your or any user ability to use the Site or terminate your access to the Service.
The notification must be in writing and must contain the following information, at the least: (i) a signature and identification of the copyright owner or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address or email address; and (iv) a statement by indicating that the information in the notice is accurate.
- Ownership, trademarks.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of MH and protected by United States and international copyright laws. Reproduction of the content of the Site without the written permission of MH is prohibited. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content. As between you and us, you own your content and we own our content, including but not limited to visual interfaces, interactive features, graphics and design or the Site and other products, software, aggregate user review ratings, feedback and all other elements and components of the Site, excluding your content.
We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our content, in whole or in part, except as expressly authorized by us
Except as provided herein, we do not grant you any express or implied rights and all rights in and to the Site are hereby reserved by us.
The MH logo and other MH’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of MH and/or its subsidiaries. MH’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not ours, in any manner, without our permission. All other trademarks not owned by us or our subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our subsidiaries.
It is believed that reproduction for purposes such as criticism, comment, news reporting, teaching, or research does not constitute copyright infringement. If you reuse screenshots, as well as any other information provided by MH, you do so at your own risk and under the applicable copyright laws of your country. Screenshots of copyrighted computer software, for which the copyright is held by the author(s) or the company that created the software, is believed to fall under the legal doctrine known as “Fair Use” in the USA (and similar laws in other jurisdictions).
The failure of MH to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
You hereby agree to indemnify, defend and hold harmless MH and/or its successors, affiliates and successors, and its and their managers, Employees, agents or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs and expenses (including any reasonable attorney’s fees and expert witnesses therefrom) of any type of nature, incurred by MH and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, arising out of or relating to your use of the Site, your breach of this Terms or the Policy, or your infringement of any rights of any third party.
- Disclaimer of Warranties and Limitations on Liability.
BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”, INCLUDING ALL CONTENT, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS, AND/OR INFORMATION MADE AVAILABE THROUGH. ACCORDINGLY, MH IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE THEREFROM AND MH HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES LISTED ON THE SITE, NON-INFRINGMHENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.THE USE ON YOUR PART OF THE PRODUCTS AND/OR SERVICES PROVIDES BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY MH SHALL CREATE A REPRESENTATION OR WARRANTY.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXMHPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, OR REGADING HYPERLINKS TO THIRD PARTY WEBSITES, OR FOR ANY SECURITY BREACH ASSOCIATED WITH THE TRANSMISSION OF PERSONAL DATA THROUGH THE SITE OR ANY OTHER WEBSITE, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF INFORMATION OR DATA OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE SUCH, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF MH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, OUR LIABILITY AND WARRANTIES SHAL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABE LAW.
MH’S MAXIMUM CUMULATIVE LIABILITY TO YOU FOR LOSSES OR DAMAGES ARISING IN CONNECTION WITH YOUR ACCESS OF THE SITE UNDER THESE TERMS SHALL BE LIMITED TO: (i) THE AMOUNT PAID, IF ANY, BY YOU TO MH IN CONNECTION WITH THE SITE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) USD$100, WHICHEVER RESULTS INFERIOR.
- Forum, Governing Law.
Any dispute arising from the use of the Site or the interpretation of the Terms is governed by the laws of the state of Colorado, United States of America, which will govern these Terms, as well as any claim, dispute and/or cause of action that might arise between you and MH, without regard to conflict of law to principles. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Colorado, United States of America. All communications regarding legal matters must be made in writing to:
Milk & Honey bar · kitchen
1440 Larimer St
Denver CO 80202
PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE HEREBY WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN, FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
You may terminate the Terms at any time by closing your account and/or discontinuing your use of the Site.
These Terms shall be the only and final understanding regarding the Site and any Content thereinto, and supersede any prior or contemporary communication between you and MH regarding the Site.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
We will not be liable for failing to perform under these Terms because of any event beyond its reasonable control, including, without limitation, interruption of Internet service, fire, terrorism, natural disaster, Acts of God or war.
Failure by MH to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights in any manner whatsoever.
Any rights or obligations hereunder are not assignable by you, unless we provide our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any other assignment on your behalf shall be null and void
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one year after such claim or cause of action arose or be forever barred.