By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms, which includes by reference our Privacy statement [http://www.milly.com/privacy/]. If at any time you do not agree to these Terms, please do not access or use the Websites or any of its content. If you do not agree to any of the Terms, your permission to access or use the Website is automatically and immediately revoked.
If you make a purchase through the Website, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") which are found on the "Shipping & Returns" page [http://www.milly.com/services/shipping-returns-policy/]. The Purchase Policies are hereby incorporated into and made part of these Terms. Please review our Purchase Policies before making any purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.
These Terms may be revised or updated from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the bottom of this page. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Website and information collected from you on and after the Last Revised date, unless we have other communications with you.
MILLY may make changes to the Website, content, products, services or features of the Website at any time. You understand and agree that MILLY may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.
2. Permitted Users of the Website
The Website is directed to persons 18 years of age or older.
MILLY and the Website do not knowingly collect information from children under age 18. If you are a parent or guardian and believe MILLY may have inadvertently collected personal information from your child, please notify MILLY immediately by sending an email to firstname.lastname@example.org detailing the basis of your belief and your request.
By using the Website, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving the products or services available on the Website under the laws of the United States or any other applicable jurisdiction.
3. Permitted Uses
The content available through the Website, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, the look and feel of the website, software and other information and materials (the “Content”) is the sole and exclusive property of MILLY, its licensors, or other content providers.
The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Website or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
MILLY hereby grants you permission to access and use the Website subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms on your part:
- You agree not to access (or attempt to access) any of the services by any automated means (including use of scripts or web crawlers) or means other than through the interface that is provided by MILLY.
- You agree that you will not engage in any activity that interferes with or disrupts the Website, or the servers and networks which are connected to the Website.
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content, products or services available on the Website for any purpose.
- We do not authorize the purchase of commercial quantities of our merchandise and reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy.
- You will not, and will not attempt to, interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website. In addition, you are prohibited from violating or attempting to violate the security of the Website by, for example, attempting to access data not intended for you or logging into a server or account you are not authorized to access. Violations and attempted violations of system or network security may result in civil or criminal liability. MILLY will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
- You agree that you are solely responsible for (and that MILLY has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MILLY may suffer) of any such breach.
Special terms may apply to some products, services or features offered on the Website, or to any events, promotions, sweepstakes, contests, surveys, questionnaires, or other activities (collectively, “Activities”) that may be offered on the Website or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our privacy statement [http://www.milly.com/privacy/] which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.
4. Proprietary Rights
You acknowledge and agree that, as between MILLY and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by MILLY, or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to MILLY or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors. Third party trademarks referenced in the Website do not constitute or imply affiliation with, endorsement, or recommendation of MILLY by the respective trademark owners, or by MILLY of the respective trademark owners.
Copyright: All Content is the copyright and property of MILLY or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, or create derivative works based upon, any portion of the Website or the Content, for any purpose, other than as expressly authorized by MILLY in writing.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or reproduced on the Website in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, MILLY will also terminate a user’s account. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: email@example.com.
5. Product Information
Although MILLY has made every effort to display our products as accurately as possible on the Website, the displayed colors of the products depend upon the monitor of the user. MILLY cannot guarantee that your monitor will accurately display the actual colors of the products. Additionally, products displayed may be out-of-stock or discontinued, and prices are subject to change. MILLY is not responsible for typographical errors regarding price or any other matter.
6. User Content
All user-generated Content, including comments, feedback and other submissions (collectively "Submissions"), is the sole responsibility of the person who originated such Submission. You are solely responsible for (and MILLY has no responsibility to you or to any third party for) any Submission that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage which MILLY may suffer) by doing so. MILLY reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Submission from the Website.
You agree that MILLY may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submission that you forward to MILLY, it being understood that MILLY is under no obligation (1) to maintain any Submission it receives in confidence; (2) to pay compensation for any Submission; or (3) to respond to any Submission. You understand that MILLY grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials published on the Website, including Submissions.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Submission or communications posted via the Website or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Submissions that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MILLY be liable in any way for any Submissions, including, but not limited to, any errors or omissions in any Submissions, or any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere. Any use or reliance on any Submission or materials available on the Website by users or obtained by you through the Website is at your own risk.
7. Account Password and Security
The Website may contain features that require registration of a username and password. If so, you agree to provide accurate and complete information, and to maintain the confidentiality of your password. You are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify MILLY of any unauthorized use of your password or account or any other breach of security. You are solely responsible (to MILLY and others) for all activity that occurs under your MILLY account. If you have the ability to upload content to your account, you are solely responsible to backup such content. MILLY reserves the right to delete or remove any content uploaded to any account at any time in its sole discretion. MILLY is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.
8. Your Indemnity of MILLY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MILLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE OR MILLY, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE WEBSITE OR MILLY; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF MILLY OR ANY THIRD PARTY; OR (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
9. Third Party Links
The Website may contain advertisements, postings and links to websites, applications or services operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other websites, applications or services is at your own risk. The advertisements, postings and linked sites are not under the control of MILLY which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply MILLY's endorsement of information, material, products or services of any other party or any other website, or by any other party of MILLY. MILLY disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that MILLY is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
10. Modification, Suspension and Termination
MILLY reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Website, Content or Activities, or any portion thereof, with or without notice. You agree that MILLY will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Content or Activities.
MILLY reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that MILLY shall not be liable to you or any third party for any such suspension, discontinuance or termination.
11. Disclaimers and Limitation of Liability
THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MILLY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. MILLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF MILLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
12. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is MILLY LLC [265 West 37th Street, 20th Floor, New York, NY 10018]. Complaints regarding the service, pricing policies or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (800) 952-5210.
13. Governing Law and Disputes
The Website is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. MILLY does not represent that the Website or Content is appropriate outside the United States of America. MILLY reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion.
Last Revised: May 2015