Website Terms Conditions & Privacy Policy

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.milkdrunkdiary.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
“Blog” means a blog hosted on Our Site, created by a User, containing Post(s) submitted by that User;
“Comment” means a comment on a Blog or Post on Our Site made by a User;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Post” means a post created by a User in a Blog on Our Site;
“User” means a user of Our Site; and
“We/Us/Our” means Milk Drunk Diary

 

  1. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1. Intellectual Property Rights
    • With the exception of the content of Blogs and Posts , all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including the content of Blogs and Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Subject to the licence granted to Us, Users retain the ownership of copyright and other intellectual property rights subsisting in the content of their Blogs, Posts and Comments (unless any part of that content is owned by a third party who has given their express permission for their material to be used).
    • For personal use (including research and private study) only, you may:
      • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      • Download Our Site (or any part of it) for caching;
      • Print from Our Site;
      • Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
      • Save pages from Our Site for later and/or offline viewing; and
      • View and use other Users’ Blogs, Posts and Comments
    • You may not use any Content (including Blogs, Posts and Comments) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining permission to do so from Us, our licensors, or from the relevant User, as appropriate. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers].
    • You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
    • Uou may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so. For further information, please contact Us at Sophia@milkdrunkdiary.com
    • Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

 

  1. Blogs, Posts and Comments
    • An Account is required if you wish to create a Blog, submit Posts, and/or Comment on other Users’ Blogs and Posts.
    • You agree that you will be solely responsible for your Blog(s) and Posts and for any Comments you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Blog(s), Posts, or Comments comply with Our Acceptable Usage Policy.
    • You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you. You will be responsible for any loss or damage suffered by Us as a result of such breach.
    • You (or your licensors, as appropriate) retain ownership of the content of your Blog(s), Posts and Comments, and all intellectual property rights subsisting therein. When you create a Blog, Post, or Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Blog, Post or Comment for the purposes of operating or promoting Our Site.
    • If you wish to remove a comment you may do so by emailing Sophia@milkdrunkdiary.com. The comment in question will be deleted from Our Site
    • We may reject, reclassify, or remove any Blogs, Posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Blog, Post or Comment in question should be removed as a result.

 

  1. Intellectual Property Rights and Use of Other Users’ Blogs, Posts and Comments
    • The content of Blogs, Posts, and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post, or Comment in question. All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • You may copy and share (reblog) other Users’ posts within Our Site, provided that the original User is credited.

 

  1. Acceptable Usage Policy
    • You may only use Our Site (including, but not limited to, the creation of Blogs, Posts, and Comments) in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:
      • you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
      • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • When creating Blogs, Posts, or Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:
      • [is sexually explicit;]
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
      • remove any content submitted by you that violates this Acceptable Usage Policy;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      • any other actions that We deem reasonably appropriate (and lawful).
    • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1. Links to Our Site
    • You may link to Our Site provided that:
      • you do so in a fair and legal manner;
      • you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      • you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      • you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    • You may not link to Our Site from any other site the content of which contains material that:
      • is sexually explicit
      • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive another person;
      • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Advertising
    • We may feature advertising on Our Site and We reserve the right to display advertising on the Blog.

 

  1. Disclaimers and Legal Rights
    • Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action, specifically relating to medical issues or advice with children.
    • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    • If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    • We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    • We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Blogs, Posts, or Comments submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

 

  1. Our Liability
    • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or contained in Blogs, Posts, or Comments created by Users) included on Our Site.
    • To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Blogs, Posts, or Comments created by Users) included on Our Site.
    • [Our Site is intended for non-commercial use only.] If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content (including any provided in Blogs, Posts, or Comments) from it) or any other site referred to on Our Site.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware [including, but not limited to, the scanning of all Content uploaded to Our Site by Users for viruses and malware].
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

 

  1. Privacy and Cookies

13.1 We may use cookies only to store useful information, such as your user ID and session identifiers. You consent that we may save and store data collected outside of the European Economic Area (EAA) if required.

13.2 In order to process payment details, we may store your data using a third-party payment provider. By submitting your personal details, you agree to this transfer of data. We take reasonable steps to ensure your data is treated securely.

 

  1. Data Protection
    • All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under and Our obligations under that Act.
    • We may use your personal information to:
      • Provide and administer your Account;
      • Reply to any communications you send to Us;
    • We will not pass on your personal information to any third parties [without first obtaining your express permission to do so].

 

  1. Communications from Us
    • If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
    • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  [
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at Sophia@milkdrunkdiary.com

 

  1. Changes to these Terms and Conditions
    • We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  2. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Last updated October 2, 2017