MilkPEP is excited to reintroduce chocolate milk to the gaming community as the performance drink of gamers as a reminder that milk not only provides nutritional support but we are striving to bring community support as well.
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We have updated our Terms & Conditions
MilkPEP Terms & Conditions
Last Updated: July 22, 2024
Please read these terms and any specific and/or supplemental terms and conditions carefully before using www.milkpep.org (“the website”). These terms govern your use of the website in general. Regardless of whether you are a registered user, by using the website, CMPB licensed marks, licensed marks or materials, or assets, you agree to be bound by these global terms of use and any specific and/or supplemental terms and conditions.
New: MilkPEP’s Character Jingles are now available in the Resource Hub! If you use any of these videos, you are responsible for ensuring that your use complies with all applicable laws and regulations related to your use. That includes, but is not limited to, advertising and privacy laws. We recommend you check with your legal counsel before using these videos.
- Definitions
- General Terms
- Intellectual Property Rights
- License Agreements
- CMPB License Agreement
- License Agreement
- Disclaimer Of Warranties
- Limitation On Liability
- Indemnification
- Prohibited Uses
- Governing Law And Jurisdiction
- Waiver And Severability
- Miscellaneous
- Notices
- Survival
A. Definitions
- “Asset” or “Assets” shall refer to MilkPEP or third party copyrights, trademarks, ideas, concepts, advertisements, marketing materials, native advertising, user generated content, influencer marketing materials, discoveries, prototypes, designs, schematics, images, recordings, artwork, know-how, inventions, devices, techniques, developments, improvements, works of authorship, taglines, slogans, logos, product/brand names, proposals, lists, data, algorithms, systems, processes, research, information, methods, code, formulae, computer programs (source code, object code, listings), and all related notes, drawings, reports, specifications, diagrams, charts, operating instructions, manuals, notebooks, memoranda, and other documentation belonging to MilkPEP or another third party that are offered, available, or accessible on or through milkpep.org.
- “CMPB License Agreement” shall refer to the terms and conditions, as set forth in section E of these Global Terms of Use, that govern the use of the got milk? service marks and trademarks owned by the California Milk Processor Promotion Board (CMPB) and registered in the United States Patent and Trademark Office (federal registration numbers 1,903,870 [class 35]; 2,689,741 [classes 9, 16, 21, 28]; 3,730,703 [classes 6, 9, 10, 16, 18, 20, 21, 22, 24, 25, 26, 28]; 3,798,763 [class 35]; and 3,907,296 [classes 20, 30].
- “CMPB Licensed Marks” shall refer to the got milk? service marks and trademarks owned by the California Milk Processor Promotion Board (CMPB) and registered in the United States Patent and Trademark Office (federal registration numbers 1,903,870 [class 35]; 2,689,741 [classes 9, 16, 21, 28]; 3,730,703 [classes 6, 9, 10, 16, 18, 20, 21, 22, 24, 25, 26, 28]; 3,798,763 [class 35]; and 3,907,296 [classes 20, 30].
- “Downloadable Materials” shall refer to those Assets belonging to MilkPEP that MilkPEP offers through the Website as customizable downloadable materials that may be used subject to the terms and conditions in the License Agreement section of these Global Terms of Use.
- “License Agreement” shall refer to the specific terms and conditions that govern the use of any Licensed Marks, as defined below, that are not subject to the CMPB License Agreement.
- “License Agreements” shall refer to the CMPB License Agreement and/or the License Agreement.
- “Licensed Marks” shall refer to any MilkPEP or third party trademarks, service marks, certification marks, excluding CMPB Licensed Marks, that are made available on or through the Website.
- “Website” shall refer to www.milkpep.org.
B. General Terms
- Binding Contract. These Global Terms of Use are a contract between you, on behalf of yourself and on behalf of your employer, and the National Fluid Milk Processor Board (“MilkPEP” or “the Board” or “we”). You represent to MilkPEP that you have read, understood, and expressly agree to be bound by these Global Terms of Use, whether or not you have created an account on the Website and/or intend to use or have used any CMPB Licensed Marks, Licensed Marks or Assets that the Website makes or has made available.
- Term. The term of these Global Terms of Use will commence at the earliest of you clicking to accept or agree to these Global Terms of Use, your use of any CMPB Licensed Marks, Licensed Marks or Assets, your creation of registered account on the Website, your use of the Website, or any use of the Website’s content, services, or products.
- Modifications. From time to time, MilkPEP may modify these Global Terms of Use. You are responsible for periodically reviewing these Global Terms of Use. By continuing to use this Website, you will be deemed to have agreed to and accepted any and all modifications. If you do not agree to any modification to these Global Terms of Use, you must discontinue use of the Website.
- Accounts. Access to certain content on the Website may require you to create an account. You agree that you are an employee or representative of an agency that represents a fluid milk processor, are at least 18 years of age, are physically located in the United States, and that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide.
- Passwords and Security. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any content accessed via the Website.
- Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
- Termination or Suspension. We may terminate or suspend your access to any CMPB Licensed Marks, Licensed Marks or Assets and/or terminate these Global Terms of Use subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the CMPB Licensed Marks, Licensed Marks or Assets in violation of any provision of these Global Terms of Use or the CMPB License Agreement or the License Agreement (collectively, “the License Agreements”), and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the CMPB Licensed Marks, the Licensed Marks or Assets.
C. Intellectual Property Rights
The Website and its entire contents, 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 MilkPEP, 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.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Assets on our Website, except with our written permission and in accordance with the License Agreements, if applicable.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH THE GLOBAL TERMS OF USE AND THE LICENSE AGREEMENTS FOR ALL CMPB LICENSED MARKS, LICENSED MARKS AND/OR ASSETS DOWNLOADED FROM THE WEBSITE THAT YOU REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, DOWNLOAD, STORE, OR TRANSMIT, AND YOU, NOT MILKPEP, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH THE GLOBAL TERMS OF USE FOR ALL ASSETS DOWNLOADED FROM THE WEBSITE THAT YOU REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, DOWNLOAD, STORE, OR TRANSMIT, AND YOU, NOT THE MILKPEP, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MILKPEP HARMLESS, INCLUDING REASONABLE ATTORNEY’S FEES, FOR ANY CLAIMS ARISING FROM YOUR USE OF ANY ASSET(S) DOWNLOADED FROM THE WEBSITE.
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 stop 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, including any Licensed Marks or Assets, is transferred to you. All rights not expressly granted are reserved by MilkPEP. Any use of the Website not expressly permitted by these Global Terms of Use or the License Agreements is a breach of these Global Terms of Use and the applicable License Agreement and may violate copyright, trademark, and other laws.
D. License Agreements
- The License Agreements. You understand and agree that your use of any CMPB Licensed Marks or Licensed Marks offered on or through the Website is subject to these Global Terms of Use and the License Agreements.
- License Term. The License Agreements will be deemed to have commenced as of the earlier of you clicking to accept or agree to the CMPB License Agreement or License Agreement or your first use of the CMPB Licensed Marks or Licensed Marks and unless terminated earlier by MilkPEP, shall continue until December 31, 2025 (the “Term”).
- Modification. MilkPEP may revise and update the License Agreements from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all use of the CMPB Licensed Marks or Licensed Marks. Your continued use of the CMPB Licensed Marks or Licensed Marks following the posting of the revised CMPB License Agreement or License Agreement means that you accept and agree to the changes.
E. CMPB LICENSE AGREEMENT
By accessing CMPB Licensed Marks through this Website or by clicking to accept or agree to these Global Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the terms in this CMPB License Agreement section (“the CMPB License Agreement”).
- CMPB License Agreement Term. This CMPB License Agreement will be deemed to have commenced as of the earlier of you clicking to accept or agree to this CMPB License Agreement or your first use of the CMPB Licensed Marks or any CMPB Materials (the “CMPB License Agreement Effective Date”) and, unless terminated earlier by MilkPEP, shall continue until December 31, 2025 unless earlier terminated pursuant to the terms herein (the “CMPB License Agreement Term”).
- License. Subject to this CMPB License Agreement’s terms and conditions, MilkPEP hereby grants to you during the CMPB License Agreement Term a non-exclusive, non-transferable, non-sublicensable license to broadcast, cablecast, print, publish, distribute, and use the CMPB Licensed Marks in all media in the United States during the CMPB License Agreement Term, and subject to this CMPB License Agreement. You agree that you will not use the CMPB Licensed Marks in (a) California-specific media or promotions without MilkPEP’s written prior approval, and (b) existing or new advertising other than customizable materials downloaded from this Website or advertising approved in writing by MilkPEP pursuant to the approval process set forth below.
- Use of the CMPB Licensed Marks in Connection with a Campaign. With the exception of CMPB Downloadable Materials, prior to using the CMPB Licensed Mark(s), you agree to provide MilkPEP with a campaign brief outlining your promotional and marketing plans which shall identify and describe the following key consumer communication assets (“Key Assets”) and your proposed use of the Licensed Marks in such Key Assets: (a) TV content, (b) over-the-top (“OTT”) content, (c) hero digital content, and (d) national omnichannel partnerships and (e) packaging, and shall include a full written description of the content, nature, extent and duration of such plans (each referred to as a “Plan”). You shall not use the CMPB Licensed Marks unless MilkPEP approves your campaign brief in writing. You shall provide MilkPEP with periodic updates as you work to develop materials to implement the Plan and agree to keep MilkPEP informed of any changes you identify that will affect the got milk? program in California or nationally.Before using any Key Assets incorporating any CMPB Licensed Mark as provided in this CMPB License Agreement, you will first provide MilkPEP with final proofs or rough cuts of Key Assets for review. After MilkPEP has approved in writing, you may thereafter use the CMPB Licensed Marks as depicted in the approved Key Assets and in other materials related to the Plan as long as the depiction of the CMPB Licensed Marks in such other materials is consistent with the depiction of the CMPB Licensed Marks in the approved Key Assets.
- Use of the CMPB Licensed Marks Not in Connection with a Campaign. Before using the CMPB Licensed Marks in a manner not connected with a Plan, you must provide MilkPEP with a written description of the nature, extent, and duration of the proposed use, together with graphic representations, pictures or other media depicting the proposed use (the “Description”) and MilkPEP must approve your Description in writing.
- Use of the CMPB Licensed Marks by Milk Processors on Packaging. With MilkPEP’s prior written approval, and provided you are a milk processor, you have the limited right during the CMPB License Agreement Term to utilize packaging materials that contain the CMPB Licensed Marks and the name or trademarks of your milk processor company (“Processor Marks”) provided that: (a) the CMPB Licensed Marks are no larger than 2 inches by 2 inches on products ½ gallon or larger; (b) the CMPB Licensed Marks are no larger than 1 inch by 1 inch on products smaller than ½ gallon; and (c) the proximity of the CMPB Licensed Mark to the Processor Marks does not imply an endorsement by CMPB of you.
- Merchandise. You agree that you will only purchase or acquire items using or displaying any of the CMPB Licensed Marks including, but not limited to, products, merchandise or advertising materials, from persons or entities who hold then-current valid licenses from CMPB authorizing them to manufacture, sell or distribute such items. If you find it advantageous to acquire items using or displaying the CMPB Licensed Marks from a non-licensed manufacturer or vendor (referred to as a “new vendor”), you may make that request in writing to MilkPEP. Any license agreement with a new vendor must be acceptable to CMPB in the exercise of its sole reasonable discretion.
- Materials. You agree to pay all duplicating, printing, shipping costs, and any other costs, fees or expenses associated with your acquisition, access to, or use of the CMPB Licensed Marks. You agree to make any advertising materials of any kind (whether in print, graphic, digital or broadcast media) that you create or develop during the CMPB License Agreement Term available to MilkPEP and CMPB without charge and specifically without charging MilkPEP or CMPB any portion of the costs you incur in originally producing those materials. MilkPEP and/or CMPB will pay all duplicating, printing, shipping costs, and any other costs, fees or expenses associated with our acquisition, access to, or use of your materials and MilkPEP and CMPB will refrain from making any changes to any of your materials without first obtaining your written approval.
- Intellectual Property. You acknowledge the validity of and CMPB’s ownership of the “got milk?” service marks and trademarks registered with the United States Patent and Trademark Office and you acknowledge that, as a sublicensee, the benefit of your use of the CMPB Licensed Marks inures to CMPB. You agree to make every reasonable effort to use and cause others to use the phrase “used with permission of the California Milk Processor Board” in association with any use you make of the CMPB Licensed Marks except in relation to consumer-directed print advertisements and social media posts. You will use and will cause others to use the statutory trademark notice ® or such other designator as MilkPEP will reasonably require only in relation to those goods and services for which the United States Patent and Trademark Office has issued a “got milk?” trademark or service mark registration. You and your agents will not license the “got milk?” service mark or trademark (or any of the CMPB Licensed Marks) to, or authorize their use by, third parties. You will refer to MilkPEP all inquiries regarding use of the “got milk?” service mark or trademark and/or the Licensed Marks that are not authorized under this CMPB License Agreement. You will take any steps reasonably necessary to assist CMPB in registering or protecting CMPB’s trademark rights, service mark rights, and copyrights. CMPB will be solely responsible, at its own cost, for any judicial or administrative enforcement of trademark, service mark or copyright claims or rights unless such enforcement is directed at a third party and is necessary due to a breach of your obligations under this CMPB License Agreement, in which case you will reimburse CMPB and MilkPEP for all reasonable costs it and we incur, including reasonable attorneys’ fees, related to such enforcement against such third party.
- Third Party Rights. You will manage and pay all costs related to talent, music licenses, and owners of other intellectual properties attributable to your use of the CMPB Licensed Marks.
- CMPB License Agreement Termination. Any party will have the right to terminate this CMPB License Agreement by providing the other party with sixty (60) calendar days advance written notice of such termination. Upon termination of this CMPB License Agreement: (i) the rights granted herein will immediately cease and (ii) you will immediately cease use of the CMPB Licensed Marks in all media (whether national or local). Notwithstanding the foregoing, your indemnifica tion obligations will survive termination of this CMPB License Agreement.
- Indemnification & Hold Harmless. You agree to defend, indemnify, and hold MilkPEP and the USDA and our and their directors, officers, agents, and employees harmless from all third party claims, damages, costs or losses incurred by us or them, including reasonable attorneys’ fees, directly or indirectly resulting from your intentional or negligent act or omission, the intentional or negligent act of any of your agents, or from your breach of this CMPB License Agreement. You shall defend, indemnify and hold MilkPEP harmless if your breach of this CMPB License Agreement causes MilkPEP to breach the CMPB License.You also agree to indemnify, defend, and hold MilkPEP and the USDA, and our and their directors, officers, agents, and employees harmless from any and all claims, damages, costs, and losses incurred by MilkPEP or them, including reasonable attorneys’ fees and expenses directly or indirectly resulting from the claims of any and all persons, firms, or corporations, furnishing or supplying work, services, materials or supplies in connection with the performance of this CMPB LIcense Agreement and from any and all claims and losses accruing or resulting to or from any person, firm or corporation who may be injured or damaged by you in the performance of this CMPB License Agreement or your products.Nothing in this section herein shall limit your obligations arising under Section I of these Global Terms of Use.
- Representations and Warranties. You represent that (a) you are an employee, agent or authorized representative of a milk processor (“Processor”) or a state or regional dairy organization (“S/R”) located in the United States (b) you have executed this CMPB License Agreement freely, fully intending to be bound by the terms and provisions contained in this CMPB License Agreement; (c) you have full corporate power and authority to execute, deliver and perform this CMPB License Agreement; (d) the person signing this CMPB License Agreement has properly been authorized and empowered to enter into this CMPB License Agreement; and (e) this CMPB License Agreement is a legal, valid and binding obligation and is enforceable against you in accordance with the terms contained in this CMPB License Agreement.
- Governing Law. This CMPB License Agreement will be governed by and interpreted according to the laws of the State of California. Any lawsuit or legal action or proceeding relating to this CMPB License Agreement shall be brought in one of the state or federal courts sitting in the District of Columbia, as applicable, or in the Superior Court of Sacramento County or the United States District Court for the Eastern District of California, and the parties submit to the exclusive and personal jurisdiction of such courts and hereby irrevocably waive all rights to a trial by jury in any such action or proceeding.
- Modification of CMPB License Agreement. We may revise and update this CMPB License Agreement from time to time in our sole discretion. All changes are effective immediately when we post them on the Website and apply to all use of the CMPB Licensed Marks. Your continued use of the CMPB Licensed Marks following the posting of revised CMPB License Agreement means that you accept and agree to the changes.
- No Assignment of CMPB License Agreement. This CMPB License Agreement may not be assigned by any party to the CMPB License Agreement without the consent of the other parties.
- Supplemental Terms. This CMPB License Agreement incorporates all other Global Terms of Use as if fully set forth herein. If there is a conflict between the provisions in this CMPB License Agreement and any other provisions of these Global Terms of Use, the terms of the CMPB License Agreement shall control.
F. License Agreement
By using the Licensed Marks and/or Downloadable Materials or by clicking to accept, agree or download when this option is made available to you, you accept and agree to be bound and abide by this License Agreement.
Before accessing, downloading or using MilkPEP’s Downloadable Materials or offered on or through the Website, you must first agree to this License Agreement. You may use the Downloadable Materials only pursuant to and in compliance with this License Agreement. By using the Downloadable Materials or by clicking to accept, agree or download when this option is made available to you, you accept and agree to be bound and abide by this License Agreement.
- License Agreement Term. This License Agreement will be deemed to have commenced as of the earlier of you clicking to accept or agree to this License Agreement or your first use of the Downloadable Materials (the “License Agreement Effective Date”) and shall continue in perpetuity unless terminated by MilkPEP or you (the “License Agreement Term”).
- License. Subject to this License Agreement’s terms and conditions, MilkPEP hereby grants to you during the License Agreement Term a non-exclusive, non-transferable, non-sublicenseable license to broadcast, cablecast, print, publish, distribute, and use Downloadable Materials in all media in the United States during the License Agreement Term, and subject to this License Agreement. You may use Downloadable Materials without our prior written approval, provided you do not alter such materials except to add your name and/or trademarks in designated areas on such materials.
- Materials Cost. You will pay all duplicating, printing, shipping costs, and any other costs, fees or expenses associated with your acquisition, access to, or use of the Downloadable Materials.
- Intellectual Property. You acknowledge the validity of and MilkPEP’s ownership of the Downloadable Materials. You will use and will cause others to use the statutory trademark notice ® or such other designator as MilkPEP will reasonably require. You and your agents will not license the Downloadable Materials to, or authorize their use by, third parties. You will refer to MilkPEP all inquiries regarding use of the Downloadable Materials that are not authorized under this License Agreement. You will take any steps reasonably necessary to assist MilkPEP in protecting MilkPEP’s trademark rights, service mark rights, and copyrights. MilkPEP will be solely responsible, at its own cost, for any judicial or administrative enforcement of trademark, service mark or copyright claims or rights unless such enforcement is directed at a third party and is necessary due to a breach of your obligations under this Agreement, in which case you will reimburse MilkPEP for all reasonable costs it and we incur, including reasonable attorneys’ fees, related to such enforcement against such third party.
- Third Party Rights. You will manage and pay all costs related to talent, music licenses, and owners of other intellectual properties attributable to your use of the Downloadable Materials. You will not infringe any third party rights in your use of the Downloadable Materials.
- License Agreement Termination. Any party will have the right to terminate this License Agreement by providing the other party with sixty (60) calendar days advance written notice of such termination. Notice of termination shall be provided in writing to MilkPEP by email at info@milkpep.org and shall be effective upon receipt. MilkPEP may provide notice of termination to you by email to the email address you provided when registering for an account or by posting a notice of termination to the Website. Additionally, MilkPEP may terminate this License Agreement immediately upon your breach of the License Agreement. Upon termination of this License Agreement: (i) the rights granted herein will immediately cease and (ii) you will immediately cease use of the Downloadable Materials in all media (whether national or local). Notwithstanding the foregoing, your indemnification obligations will survive termination of this Agreement.
- Indemnification. You agree to defend, indemnify, and hold MilkPEP and the USDA and our and their directors, officers, agents, and employees harmless from all third party claims, damages, costs or losses incurred by us or them, including reasonable attorneys’ fees, directly or indirectly resulting from your use of the Downloadable Materials, your intentional or negligent act or omission, the intentional or negligent act of any of your agents, or from your breach of this License Agreement.You also agree to indemnify, defend, and hold MilkPEP and the USDA, and our and their directors, officers, agents, and employees harmless from any and all claims, damages, costs, and losses incurred by MilkPEP or them, including reasonable attorneys’ fees and expenses directly or indirectly resulting from the claims of any and all persons, firms, or corporations, furnishing or supplying work, services, materials or supplies in connection with the performance of this License Agreement and from any and all claims and losses accruing or resulting to or from any person, firm or corporation who may be injured or damaged by you in the performance of this License Agreement or your products.Nothing in this section herein shall limit your obligations arising under Section I of these Global Terms of Use.
- Representation and Warranties. You represent that (a) you are an employee, agent or authorized representative of a milk processor (“Processor”) or a state or regional dairy organization (“S/R”) located in the United States (b) you have executed this License Agreement freely, fully intending to be bound by the terms and provisions contained in this License Agreement; (c) you have full corporate power and authority to execute, deliver and perform this License Agreement; (d) the person signing this License Agreement has properly been authorized and empowered to enter into this License Agreement; and (e) this License Agreement is a legal, valid and binding obligation and is enforceable against you in accordance with the terms contained in this License Agreement.
- Modification of License Agreement. We may revise and update this License Agreement from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all use of the Downloadable Materials. Your continued use of the Downloadable Materials following the posting of the revised License Agreement means that you accept and agree to the changes.
- No Assignment. This License Agreement may not be assigned by any party without the consent of the other parties.
- Supplemental Terms. This License Agreement incorporates all other Global Terms of Use as if fully set forth herein. If there is a conflict between the provisions in this License Agreement and any other provisions of these Global Terms of Use, the terms of the License Agreement shall control.
G. Disclaimer Of Warranties
You understand that MilkPEP cannot and does not guarantee or warrant that files available for downloading from the internet or the Website, including the Assets, 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 ASSETS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS ASSETS, 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 MILKPEP NOR ANY PERSON ASSOCIATED WITH MILKPEP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR ASSETS. WITHOUT LIMITING THE FOREGOING, NEITHER MILKPEP NOR ANYONE ASSOCIATED WITH MILKPEP REPRESENTS OR WARRANTS THAT THE WEBSITE, THE ASSETS, 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, MILKPEP 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
H. Limitation On Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MILKPEP, ITS AFFILIATES, OR THEIR LICENSORS, 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 ASSETS, ANY CONTENT ON 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
I. Indemnification
You agree to defend, indemnify, and hold harmless MilkPEP, its affiliates and licensors 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 use of any information obtained from this Website, your infringement or violation of any third-party’s intellectual property rights, your violation of these Global Terms of Use and/or the License Agreements, your use of the Website, and any use of the Assets other than as expressly authorized in these Global Terms of Use or License Agreements.
J. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Global Terms of Use.You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Global Terms of Use and the License Agreements.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate MilkPEP, a MilkPEP employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm MilkPEP or users of the Website, or expose them to liability.
- In any way that results in an infringement of MilkPEP’s or any other third party’s rights to intellectual property.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, including the Assets, or for any other purpose not expressly authorized in these Global Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
K. Governing Law And Jurisdiction
Except as otherwise provided in the CMPB License Agreement, all matters relating to the Website and these Global 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 District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Global Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Global 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 the District of Columbia.
L. Waiver And Severability
No waiver by MilkPEP of any term or condition set out in these Global 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 MilkPEP to assert a right or provision under these Global Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Global 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 these Global Terms of Use will continue in full force and effect.
M. Miscellaneous
- Geographic Restrictions. The owner of the Website is based in the District of Columbia in the United States. This Website is provided for use only by persons located in the United States. We make no claims that the Website or any of its content, including the Assets, is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Linking to the Website and Social Media Features. 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.
- Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Information about You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. MilkPEP does not warrant the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. MilkPEP disclaims all liability and responsibility arising from any reliance placed on such materials by you 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 third-party licensors. All such content is solely the responsibility of the person or entity providing those materials. MilkPEP is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Website. MilkPEP may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and MilkPEP is under no obligation to update such material.
- Monitoring and Enforcement, Termination. MilkPEP has the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Global Terms of Use or the License Agreements.
Without limiting the foregoing, MilkPEP has the right to cooperate fully 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 MILKPEP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MILKPEP DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MILKPEP OR LAW ENFORCEMENT AUTHORITIES.
MilkPEP has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Copyright Infringement. If you believe that any user of the Website has posted, submitted, published, displayed, or transmitted content or materials on or through the Website that violate your copyright, please send us a notice of copyright infringement to the address provided in the below section titled “Notices.”
N. Notices
This Website is operated by MilkPEP, 1250 H Street, NW, Suite 250 Washington D.C. 20005.
All notices of copyright infringement claims should be sent to the copyright agent at the address set forth above.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@milkpep.org.
O. Survival
The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, use of Assets, CMPB Licensed Marks, Licensed Marks, Downloadable Materials and rules regarding dispute resolution.
