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These terms of use are entered into by and between You and MILKMONEY, INC., a Delaware corporation ("MilkMoney”, “Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of MILKMONEY.COM,, and its linked web portals, including any content, data, functionality and services offered on or through MILKMONEY.COM (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States (also outside the US) or any of its territories or possessions, who are using this Website for commercial purposes on behalf of a business (whether a sole proprietorship, partnership, corporation, limited liability company, or other legal entity). By using this Website, you represent and warrant that you are of legal age and have the legal authority to act on behalf of such business to use this Website, and if applicable, form a binding contract with MilkMoney and otherwise meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
MilkMoney is an on-demand media buying website, connecting advertisers with outdoor advertising opportunities. MilkMoney integrates the whole process through its Website - identifying available outdoor advertising for the advertiser’s campaign, obtaining rights to those displays for the advertisers use, and facilitating the preparation of advertising materials for display through our Website.
Through the MilkMoney Website, advertisers may request MilkMoney find available outdoor advertising for their campaigns and contract with MilkMoney to obtain those display for advertiser’s use. Through the Website, advertisers will submit their advertising content for approval by the media owner or operator, who contracts with MilkMoney for the use of the display, and if approved, MilkMoney will facilitate the preparation of advertising materials for use in the display by third parties who contract with MilkMoney. All transactions and communications for the advertising order are integrated through the MilkMoney Website.
MilkMoney is not liable or responsible for advertisers’ or display owners’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, MilkMoney does not guarantee the quality of display inventory the display owners offer and does not independently verify, and is not liable for, representations made by media owners regarding the displays offered through the MilkMoney Website, including, but not limited to, permits, licenses, authorizations, and agreements that may be required for the display.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and MilkMoney, MilkMoney does not form any employment or agency relationship with you and does not hold title to any advertising display that you order through the MilkMoney Website.
Occasionally there may be information on the advertising displays or services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions, offers, and availability. Please note that prices of advertising displays and services may include a “discount” referenced in the description. The “discount” refers to the % savings off the 4-week rate card price given to MilkMoney by the media owner, which may change from time to time for the display that MilkMoney passes along to the customer. Additionally, MilkMoney’s price includes production and installation services (unless otherwise stated), not included in the rate card price. Please note that advertised prices for same advertising displays and related services may differ. Although MilkMoney strives to post the best available price it cannot offer a price guaranty, and MilkMoney prices may change from time to time. Further, MilkMoney reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the advertising displays or services is inaccurate at any time without prior notice (including after you have submitted your order and/or made payment).
As provided in greater detail in these Terms, you agree and acknowledge these material terms:
The MilkMoney Website is licensed, not sold to you, and you may use the Website only as set forth in these Terms; Your use of the Website may be subject to separate third-party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; You consent to the collection, sharing, and use of your personally identifiable information in accordance with MilkMoney’s Privacy Policy; The Website is provided "as is" without warranties of any kind, and MilkMoney’s liability to you is limited; and Disputes arising under these Terms will be resolved by binding individual arbitration in California under California law.
The Website is licensed, not sold, to you for use only under the terms of this license. MilkMoney reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, MilkMoney hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Website on compatible devices that you own or control, solely in a manner that complies with these Terms of Use and with all legal requirements that apply to you or your use of the Website. MilkMoney may revoke this license at any time, in its sole discretion. All inventory, unit selection, proposals, rates, and other transaction specific information are intended for the person to whom we have given a link and/or access, who has registered an account with us and is properly logged onto the Website. The use of the Website to view inventory and conduct business with MilkMoney is intended only for registered accounts and is not intended to be viewed or used by others.
MilkMoney reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. If there is a problem with access to the Website, contact support@milkmoney.com for further assistance.
You are responsible for:
Making all arrangements necessary for you to have access to the Website. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. If you cannot access your account, you may need to answer security questions and comply with other security protocols to reestablish access to your account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and the business on whose behalf you are acting and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, the business on whose behalf you are acting, or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MilkMoney, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MilkMoney. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
All purchases through our Website or other transactions relating to advertising displays and services formed through the Website or as a result of visits made by you to the Website are governed by the terms and conditions of the written agreements entered into between MilkMoney and the business you represent and these Terms of Use
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
The Website and its entire contents, data, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MilkMoney, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@milkmoney.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MilkMoney. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans found on the Website are trademarks of MilkMoney or its affiliates or licensors. You must not use such marks without the prior written permission of MilkMoney or its affiliate or licensor. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
If you believe that any content violates your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of MilkMoney to terminate the user accounts of repeat infringers.
Attn. Support
6100 Wilshire Blvd, Ste 1200
Los Angeles, CA 90048
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Attn. Support
6100 Wilshire Blvd, Ste 1200
Los Angeles, CA 90048
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
We may disable all or any social media features and any links at any time without notice in our discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MILKMONEY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You understand that we cannot and do not guarantee or warrant that data or other information files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MILMONEY NOR ANY PERSON ASSOCIATED WITH MilkMoney MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DATA, INFORMATION, REPRESENTATIONS FOUND ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MILKMONEY NOR ANYONE ASSOCIATED WITH MILKMONEY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MILKMONEY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL MILKMONEY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless MilkMoney, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Los Angeles although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from the use of the Website and the Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by MilkMoney of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MilkMoney to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy and any written agreements entered into with MilkMoney in connection with MilkMoney’s advertising displays and/or services, if applicable, constitute the sole and entire agreement between you and MilkMoney with respect to the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
This website is operated by
6100 Wilshire Blvd, Ste 1200
Los Angeles, CA 90048
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@MilkMoney.com.