Terms of Use

 
 

Terms of Use

Effective as of August 1st, 2018.

Acceptance of the Terms of Use

The following terms and conditions (these “Terms of Use”), govern your access to and use of all MilkCrate, LLC (the “Company”, “We”, “Us”, “Our”, or “MilkCrate”) mobile applications (the “App”) (collectively, the “Services”) that reference or link to these Terms of Use.

Please read the Terms of Use carefully before you use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://milkcrate.tech/terms-of-use/ 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 SERVICES, THE SERVICES.

Changes to the Terms of Use.

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 Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access our Services so you are aware of any changes, as they are binding on you.

About MilkCrate

MilkCrate is a platform that includes an administrative dashboard and customized native app downloaded in the app stores. Clients are able to customize and manage their app from the administrative dashboard and monitor their users as well as create content for their users, including activities, and targeted ads. The purpose of the platform is for organizations to engage, track and grow behavior by challenging users to complete tasks and consume media. Using this Service, Users can do some or all of the following actions depending on the particular agreement with each MilkCrate client app:

  1. Complete self-reported challenges

  2. Answer poll and survey questions

  3. Check in on locations in a map

  4. Sign up for events in a calendar

  5. Watch videos, articles or other written or visual content

  6. View your own progress on your profile page and leaderboard

  7. Join a team and earn points

  8. View the trending behaviors and activity feed

  9. Potentially earn rewards depending on the client and the agreement

  10. Chat with other users and administrators

 

If you are a app Administrator, you can use this Service to:

  1. Register Users;

  2. View and monitor users activities and user profile information

  3. Create actions, teams and challenges for the app; and

  4. View and print analytics reports regarding app activities and achievements

Accessing the Services.

MilkCrate Client App Users.

You may access the Services by downloading the correct client App in the app stores for Android and iOS. You are responsible for maintaining the confidentiality of your Account password. It is a condition of your use of the Services that all the information you provide in order to obtain your Account is correct, current and complete. You agree that all information you provide to register with our Services, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to notify us immediately of any unauthorized use of your account.

MilkCrate and Client App Administrators.

MilkCrate and Client Administrators may have administrative privileges that allows them to access the Admin Dashboard and view personally identifiable information shared by the User including any contact and demographic information the User may have shared and activities they have done in the app. For example, this may be the case when a nonprofit suggests to its members to check in at a location for an even and a User has done that activity at a certain time - the Administrator will see that that User has gone to that place at that time. If a User shares their name, email, age, race phone number or other information that is required by the Client to create an account in that Client’s app then the Administrator will be able to view that information.  

Clients must execute a separate license agreement with the Company and pay any set up and ongoing fees associated with such license. Administrators are also subject to these Terms of Use. Administrators may submit certain content for display in the app using our Services. Administrators represent and warrant that they have the rights and authority to use such content in connection with their account and that such content does not infringe upon the copyrights, trademarks or other intellectual property of any third party. We retain the right to discontinue your account pursuant to our license agreement or if you breach any of these Terms of Use. We are not responsible for any content that you provide to us for display through our Services in connection with your account.

Content and Intellectual Property.

Company Content.  The Services, including the design and overall look and feel of the Services, are protected under U.S. and international copyright laws.  Except for Admin Content and Third Party Content, all content including without limitation, all trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, and code are protected by trade dress, copyright, trademark and other intellectual property rights.

Trademarks.  The Company name and mark MilkCrate™ and all related names, logos, product names, service names, designs and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on our Services are the trademarks of their respective owners.

Admin Content. Admins own the content you create for you app (“Admin Content”).  You retain all of your rights in your Admin Content, subject to the rights held in the Third Party Content and Company Content.  By submitting Admin Content via the admin dashboard or through other correspondence with MilkCrate, you grant to the Company a worldwide, non-exclusive, royalty free, sublicenseable and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Admin Content.  You also grant each User of the App a non-exclusive license to access and download your User Content through the App.

App and User Data:

The Company will have access to and ownership of all user data and content generated by Users and Admins using our Services during and after the expiration of any license. Clients will have rights to access this data and content through their Administrative Dashboard accounts during the length of their license and may retain and stored data after the end of the license.

Third Party Content.  Content owned by third parties (“Third Party Content”) may be included in the app with Client approval, including certain advertisements. For example, a Client might  create an agreement with a Corporate Sponsor to advertise content in the app to their Users. The Company cannot guarantee the accuracy, integrity or quality of such Third Party Content and you acknowledge that by using the Services, Users may be exposed to Third Party Content that is offensive and/or indecent. We will not be liable in any way for any Third Party Content or for any loss or damage of any kind resulting from the use of any Third Party Content transmitted via the Services, and you agree to bear all risks associated with the use of any Third Party Content, including any reliance on the accuracy or completeness of such Third Party Content.

Links to Third Party Content. Our Services may contain links that either the Admins or Company creates to other sites and resources provided by third parties, including links contained in advertisements and links to the social media websites Facebook, Twitter, Instagram, and LinkedIn (“Third Party Links”). Such Third Party Links are provided for your convenience only and with your approval.  When Users access Third Party Links, they will be taken to a third party website and other content, over which we have no control.  Accordingly, we accept no responsibility for the content associated with Third Party Links, or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Links linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, applications or other resources.

Usage Rules

Not Intended for Children.  The Services are offered and available users who are 18 years of age or older and reside in the United States or other approved and supported countries or territories. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Services.

Permitted Uses of the Services and Content.  Users are permitted to:

  1. access and use the Services and Content strictly in accordance with these Terms of Use;

  2. use Content purposely made available to Users by the Company through the App, provided that you (a) do not remove any proprietary notice language, and (b) make no modifications to any Content;

  3. use the Services and Content for personal, non-commercial purposes.

 

Prohibited Uses of the Services and Content.  Users are prohibited from using the Services or Content to:

  1. send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise

  2. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

  3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

  4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

  5. impersonate any person or entity for the purpose of misleading others;

  6. make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

  7. use any information or material in any manner that infringes any of our or any other party’s copyright, trademark, patent or other proprietary rights;

  8. collect or store personal information about others, including email addresses, log-in details or other credentials;

  9. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

  10. damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;

  11. violate any applicable laws or regulations; and

  12. attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

We have no obligation to monitor the Services, but shall be entitled to review posted materials and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.

Copyright Infringement

If you believe that any content on our Services infringes your copyright and you want the content removed from our Services, please send a detailed message to our designated copyright agent here.

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Geographic Restrictions

The provider of the Services is based in the Commonwealth of Pennsylvania in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading through our Services 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY 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.

Limitation on Liability.

IN NO EVENT WILL THE COMPANY, 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 SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, 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.

Indemnification.

You agree to defend, indemnify and hold harmless the Company, 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 Services, any use of the Company Content, services and products other than as expressly authorized in these Terms of Use, your User Content, or your use of any information obtained through the Services.

Governing Law and Jurisdiction.

All matters relating to the Services 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 Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Philadelphia and County of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability.

No waiver of by the Company 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 the Company 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.

Electronic Communications; Binding and Entire Agreement.

You agree that (a) these Terms and Conditions constitute an agreement “signed by you” under applicable law and constitute your agreement and intent to be bound by and to pay for such agreements and transactions; (b) any notices or other communication regarding your use of the Services may be provided to you electronically (by posting on the Website, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and the Company and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the Services.

Your Comments and Concerns.

This Services are provided to you by MilkCrate, LLC.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed here.