Copyright and Intellectual Property. The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Malibu Mylk or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
Use of the Site. You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Malibu Mylk or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Malibu Mylk’s sole discretion. Malibu Mylk neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
Username/Password. In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Malibu Mylk and its affiliated entities.
Information Deemed Non-Confidential. You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Malibu Mylk, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Malibu Mylk through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Malibu Mylk under any fiduciary or other obligation.
Rules for Using the Site. You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
Minors and The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Rise Coffee does not endorse any of the products or services identified on such sites.
Change of Information, Availability of Products / Services. The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Malibu Mylk may accept or reject your offer, and your offer is not accepted by Malibu Mylk until Malibu Mylk ships your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Malibu Mylk makes no guarantee that information on the Site is error-free, complete or current. Malibu Mylk reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Malibu Mylk may decline your offer or Malibu Mylk may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Malibu Mylk or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Malibu Mylk or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Links. As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Malibu Mylk. However, even if such third parties are affiliated with Malibu Mylk, Malibu Mylk has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Malibu Mylk. Malibu Mylk is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO SECTION 12 HEREINAFTER, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISE COFFEE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MALIBU MYLKDOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RISE COFFEE, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY MALIBU MYLK), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. RISE COFFEE ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.
MALIBU MYLKRESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. MALIBU MYLKACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF RISE COFFEE OR ANY THIRD PARTY.
The Well may communicate with you by email or by posting notifications on the Site. You understand and agree that all agreements, notices, disclosures, and other communications that The Well provides electronically satisfy any legal requirement that such communications be in writing.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Malibu Mylk a written notice by mail, e-mail or fax, requesting that Rise Coffee remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Malibu Mylk a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
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