ኣጠቓቕማ ውዕሊ ኣጠቓቕማ ውዕሊ
The following terms and conditions govern all use of milkta.com, its content, services and applications (the “Services”), including any other applications that link to this agreement.
BY ACCESSING, USING, OR REGISTERING FOR THE SERVICES, YOU CONFIRM THAT YOU AGREE TO THESE TERMS (the “Agreement”). If you do not agree, you may not use the Services.
About the Services
Rackmint System, its parent and affiliates (“we” or “us”) make available the Services to you on the condition that you abide by this Agreement. The Services give users the ability to access and share their profiles and other content. We may, in our sole discretion, change any aspect of the Services or discontinue any Service without notice. The Services are not designed or customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.
Please read this Agreement carefully before creating, accessing or using the Services. You understand and agree that this Agreement governs your relationship with us and has the same effect as an agreement in writing.
Your milkta.com Account and Site
Registration is optional; however, you will need to register with us and create a username to use certain Services and features. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services. To register a username and create an account, you must be at least 18 years of age. You must give us true and accurate information about yourself and keep that information up to date. We may refuse or reject a username in our discretion.
If you create a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all consequences and activities that occur under your account. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Responsibility of Contributors
If you create a profile, comment on a profile, or otherwise transmit or post materials (e.g., text, graphics, applications, etc.) on the Services (any such material, “Content”), you understand and agree that you are entirely responsible for such Content that is provided by you or through your account. This includes, for example, any personal information, such as your home address, the home address of others, or your current location that you may make available about yourself on the Services. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
We reserves the right, to suspend or terminate your account or access to the Tender services upon expiry of your subscription, and takes no responsibility for renewing your subscription.
We may also suspend or terminate your account or access to Tender subscription if it’s found that you pass on your login information to a third party, and a third party login is detected.
To use our Services, you must:
- Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
- Immediately notify us if you learn of a security breach or other illegal activity on the Services;
- Protect your username and password;
- Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
- Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
- Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
- Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
- Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
- Impersonating any person or entity, including but not limited to a Company official, forum leader, guide or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Posting or transmitting any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
- Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
- Posting or transmitting any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site.
- Taking any action which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure.
- If you have a password allowing access to a non-public area of the Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and saved searches available from the Company on the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
- Transmitting, posting, distributing or storing any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually-explicit, libelous, hateful, racially, ethnically or otherwise objectionable to another user or any other person or entity.
- Posting or transmitting any Content that contains viruses or corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
- Using the Web Site's communication features in a manner that adversely affects the availability of its resources or other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
- Uploading, transmitting or posting any Content or using the Web Site in any manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violate the privacy, publicity or other personal rights of any third parties.
- Responding to any employment opportunity on the Web Site for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited.
- Printing out or otherwise copying or using any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailing or other contacts to posting individuals and companies are prohibited.
- Reselling or assigning your rights or obligations under these Terms and Conditions of Use.
- Making any unauthorized use of the Web Site.
- Violating any applicable local, state, national or international law or regulation.
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
Your Representation to Us
By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content on the Services or by linking to other profiles on the Services for inclusion on your profile, you grant us and our parent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, we will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates these terms or any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of an account to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
During the private invitation period, if you do not complete registration within 30 days of the time and date that the invitation email was sent, the username you reserved will become available to others. You may not impersonate another person or claim a name for your profile that does not belong to you (i.e. “name squatting”). We are committed to ensure the rights of trademark owners and the right of individuals in the public sphere to claim their legal names and associated monikers on the Services. You understand and agree that you will forfeit a username and your account if the rightful owner protests your claim, or if such username is associated with a trademark or celebrity.
We reserve the right to charge or change the payment terms and fees for any Service or feature upon thirty (30) days prior written notice to you. If you do not agree to the fees, you may terminate the Services before the new fees take effect without penalty to you.
Fees and Payment
We may offer from time-to-time optional premium paid services such as SMS subscription, Tender email alert, and other features on the Services. By selecting to purchase a premium service, you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
You must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date. We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.
Responsibility of Profile Visitors
We can remove Content for any reason, but we have no obligation to do so. The Content provided on the Services, including Content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
Copyright and Trademark Claims
Copyright and trademark owners can report alleged violations by sending an email to email@example.com.
The Services and the Content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content. This Agreement does not transfer to you any of our or third party intellectual property. Nothing in this Agreement grants you a right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, logos and trade names.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.
We may terminate your access to all or any part of the Services and terminate your account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
Limitation of Liability
The Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. Therefore, the Company has no control over the quality, safety or legality of the jobs, resumes or other material posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site. The Company is not responsible for any material posed on the Web Site that may be offensive, harmful or inaccurate. Further, the Company cannot and does not confirm that each user is who they claim to be.
The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions made by any entity posting jobs on the Web Site. We make no warranties whatsoever that you will obtain any job via the Web Site, nor any warranties about (and take no responsibility for) any job you may obtain. In the event that you have a dispute with another user, you release the Company, its agents and employees from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the truthfulness, accuracy, reliability, completeness, or timeliness of the Web Site or the Material or material posted by users. The use of the Web Site and the Material and any reliance on material posted by other users is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER (OR ANY SOFTWARES AND MATERIALS ACCESSIBLE THROUGH THE WEB SITE) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR INABILITY TO USE THE WEB SITE (OR ANY LINKED SITES) AND THE MATERIAL OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THROUGH THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, milkta.com’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
General Representation and Warranty
You agree to indemnify and hold harmless us, our parent, affiliates, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Profile, including but not limited to your violation of this Agreement.
This Agreement along with any supplemental terms accompanying certain Services constitute the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized executives or if we post changes to these terms.
You agree that the laws of the Commonwealth of Virginia govern this Agreement and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Arlington County, Fairfax County, the City of Alexandria, or Loudoun County, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.