Terms and Conditions

Agreement between User and Milk Video, Inc

Welcome to Milk Video, Inc. The milkvideo.com website (the "Site") is comprised of various web pages operated by Milk Video ("Milk Video"). milkvideo.com is offered to you  conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the "Terms"). Your use of milkvideo.com constitutes your agreement to all  such Terms. Please read these terms carefully, and keep a copy of them for your reference.    

  

Milk Video helps content creators to turn recordings into engaging highlights. 

With Milk Video anyone can easily pull the best moments from videos, transcribe the recording, and add design elements.  

  

Privacy 

Your use of milkvideo.com is subject to Milk Video's Privacy Policy. Please review our  Privacy Policy, which also governs the Site and informs users of our data collection practices.    

Electronic Communications 

Visiting milkvideo.com or sending emails to Milk Video constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices,  disclosures and other communications that we provide to you electronically, via email and on the  Site, satisfy any legal requirement that such communications be in writing.  

  

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that Milk Video is not responsible  for third party access to your account that results from theft or misappropriation of your account.  Milk Video and its associates reserve the right to refuse or cancel service, terminate accounts, or  remove or edit content in our sole discretion.  

  

Children Under Thirteen 

Milk Video does not knowingly collect, either online or offline, personal information from persons  under the age of thirteen. If you are under 18, you may use milkvideo.com only with permission of a parent or guardian.  

  

Cancellation/Refund Policy 

You are solely responsible for properly canceling your account. Within each of our Services, we  provide a simple no-questions-asked cancellation link. If you cancel the Service before the end of  your current paid up month, your cancellation will take effect immediately, and you will not be  charged again. We do not automatically prorate unused time in the last billing cycle.    

Links to Third Party Sites/Third Party Services 

MilkVideo.com may contain links to other websites ("Linked Sites"). The Linked Sites are not  under the control of Milk Video and Milk Video is not responsible for the contents of any Linked  Site, including without limitation any link contained in a Linked Site, or any changes or updates to a  Linked Site. Milk Video is providing these links to you only as a convenience, and the inclusion of  any link does not imply endorsement by Milk Video of the site or any association with its  operators.  

  

Certain services made available via milkvideo.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the milkvideo.com domain, you hereby acknowledge and consent that Milk Video may share such information and  data with any third party with whom Milk Video has a contractual relationship to provide the  requested product, service or functionality on behalf of hmilkvideo.com users and customers.    

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use milkvideo.com strictly in accordance with these terms of use. As a condition of your use of the  Site, you warrant to Milk Video that you will not use the Site for any purpose that is unlawful or  prohibited by these Terms. You may not use the Site in any manner which could damage, disable,  overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.  

  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of Milk Video or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Milk Video content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of Milk Video and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of Milk Video or our licensors except as expressly authorized by these  Terms.  

  

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, "Communication  Services"). You agree to use the Communication Services only to post, send and receive messages  and material that are proper and related to the particular Communication Service.  

  

By way of example, and not as a limitation, you agree that when using a Communication Service,  you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any  inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another's computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  

  

Milk Video has no obligation to monitor the Communication Services. However, Milk Video  reserves the right to review materials posted to a Communication Service and to remove any  materials in its sole discretion. Milk Video reserves the right to terminate your access to any or all  of the Communication Services at any time without notice for any reason whatsoever.    

Milk Video reserves the right at all times to disclose any information as necessary to satisfy any  applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to  remove any information or materials, in whole or in part, in Milk Video's sole discretion.    

Always use caution when giving out any personally identifying information about yourself or your  children in any Communication Service. Milk Video does not control or endorse the content,  messages or information found in any Communication Service and, therefore, Milk Video  specifically disclaims any liability with regard to the Communication Services and any actions  resulting from your participation in any Communication Service. Managers and hosts are not  authorized Milk Video spokespersons, and their views do not necessarily reflect those of Milk  Video.  

  

Materials uploaded to a Communication Service may be subject to posted limitations on usage,  reproduction and/or dissemination. You are responsible for adhering to such limitations if you  upload the materials.  

  

Materials Provided to milkvideo.com or Posted on Any Milk Video Web Page

Milk Video does not claim ownership of the materials you provide to https://milkvideo.com/ (including  feedback and suggestions) or post, upload, input or submit to any Milk Video Site or our  associated services (collectively "Submissions"). However, by posting, uploading, inputting,  providing or submitting your Submission you are granting Milk Video, our affiliated companies and  necessary sublicensees permission to use your Submission in connection with the operation of their  Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly  display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish  your name in connection with your Submission.  

  

No compensation will be paid with respect to the use of your Submission, as provided herein.  Milk Video is under no obligation to post or use any Submission you may provide and may  remove any Submission at any time in Milk Video's sole discretion.  

  

By posting, uploading, inputting, providing or submitting your Submission you warrant and  represent that you own or otherwise control all of the rights to your Submission as described in this  section including, without limitation, all the rights necessary for you to provide, post, upload, input  or submit the Submissions.  

  

Third Party Accounts 

You will be able to connect your Milk Video account to third party accounts. By connecting your  Milk Video account to your third party account, you acknowledge and agree that you are  consenting to the continuous release of information about you to others (in accordance with your  privacy settings on those third party sites). If you do not want information about you to be shared  in this manner, do not use this feature.  

  

International Users 

The Service is controlled, operated and administered by Milk Video from our offices within the  USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the Milk Video Content accessed  through https://milkvideo.com/ in any country or in any manner prohibited by any applicable laws,  restrictions or regulations.  

  

Indemnification 

You agree to indemnify, defend and hold harmless Milk Video, its officers, directors, employees,  agents and third parties, for any losses, costs, liabilities and expenses (including reasonable  attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any  user postings made by you, your violation of any terms of this Agreement or your violation of any  rights of a third party, or your violation of any applicable laws, rules or regulations. Milk Video  reserves the right, at its own cost, to assume the exclusive defense and control of any matter  otherwise subject to indemnification by you, in which event you will fully cooperate with Milk  Video in asserting any available defenses.  

  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  

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otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and Milk Video agree otherwise, the arbitrator may not  consolidate more than one person's claims, and may not otherwise preside over any form of a  representative or class proceeding.  

  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. MILK VIDEO AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

  

MILK VIDEO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE  SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF  THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED  GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS  IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MILK VIDEO AND/OR  ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH  REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND  NON-INFRINGEMENT.    

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL MILK VIDEO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR  ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY  OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  MILK VIDEO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL  OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO  

DISCONTINUE USING THE SITE.  

  

Termination/Access Restriction  

Milk Video reserves the right, in its sole discretion, to terminate your access to the Site and the  related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of New York and you  hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising  out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does  not give effect to all provisions of these Terms, including, without limitation, this section.    

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Milk Video as a result of this agreement or use of the Site. Milk Video's performance of  this agreement is subject to existing laws and legal process, and nothing contained in this agreement  is in derogation of Milk Video's right to comply with governmental, court and law enforcement  requests or requirements relating to your use of the Site or information provided to or gathered by  Milk Video with respect to such use. If any part of this agreement is determined to be invalid or  unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and  liability limitations set forth above, then the invalid or unenforceable provision will be deemed  superseded by a valid, enforceable provision that most closely matches the intent of the original  provision and the remainder of the agreement shall continue in effect.  

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and Milk Video with respect to the Site and it supersedes all prior or contemporaneous  communications and proposals, whether electronic, oral or written, between the user and Milk  Video with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or relating  to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.  

  

Changes to Terms 

Milk Video reserves the right, in its sole discretion, to change the Terms under which milkvideo.com is offered. The most current version of the Terms will supersede all previous  versions. Milk Video encourages you to periodically review the Terms to stay informed of our  updates.  

  

Contact Us 

Milk Video welcomes your questions or comments regarding the Terms:  

  

Milk Video, Inc

110 e 13th st, #3d New York,  NY, 10003

  

Email Address:  

support@milkvideo.com  

  

Telephone number:  917-971-8841  

Effective as of December 21, 2020