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THE CREAMY SHAKE CANDY

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). This Site at milkitacandy.com is fully controlled and operated by Unican USA, a subsidiary of P.T. Unican Surya Agung, (“Unican USA”). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Unican USA. If you do not agree with all of the following terms and conditions, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Unican USA and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Unican USA hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Unican USA. Use of Unican USA and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

POSTINGS

To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Unican USA. In no event shall Unican USA assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You hereby authorize Unican USA to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Unican USA will have the right to use and change the Postings in any manner that Unican USA may determine. Additionally, Unican USA may sweep its Forum and/or message boards periodically in its sole discretion.

Unican USA does not allow Postings which contain:

  • *private or personal information which might identify a user
  • *profanity or obscenities
  • *personal attacks on other individuals
  • *slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
  • *other information that Unican USA deems in its sole discretion to be inappropriate for this Site.

The Postings include but are not limited to the FORUM and the ELECTRONIC POSTCARDS. The Postings may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Unican USA periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Unican USA will make every effort to ensure that the Forum/Contact Us/Electronic Postcards best serve the interests of all users and, therefore, Unican USA reserves the right to refuse to post, edit, or delete messages that violate these terms and conditions, as well as revoke the privileges of users who do not comply with such rules.

If you believe that any content on the Site (including, without limitation, Postings) violates any of these terms and conditions please send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Unican USA is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNICAN USA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY UNICAN USA OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Unican USA’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or Electronic Postcards generated by third parties does not constitute endorsement by Unican USA, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Unican USA does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Unican USA is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Unican USA nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Unican USA will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

ADS AND MALWARE We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site–and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware–short for MALicious softWARE–is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

  • *private or personal information which might identify a user
  • *profanity or obscenities
  • *personal attacks on other individuals
  • *slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
  • *other information that Unican USA deems in its sole discretion to be inappropriate for this Site.

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Unican USA, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by you. Unican USA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate Unican USA in asserting any available defenses.

MISCELLANEOUS

Unican USA operates and controls this Site from its offices 18945 E. San Jose Avenue, City of Industry, California, 91748, United States of America. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

BOTNETS

Unican USA retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Unican USA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

TERMINATION

These terms and conditions are effective until terminated by either you or us. You may terminate these terms and conditions at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise.

We may immediately terminate these terms and conditions with respect to you in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms and conditions. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms and conditions or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

OTHER TERMS

If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these terms and conditions and any other agreements referenced herein may be assigned by Unican USA, in our sole discretion, to a third party in the event of a merger or acquisition. These terms and conditions shall apply in addition to, and shall not be superseded by, any other written agreement. You agree that by accepting these terms and conditions, you consent to the use and disclosure of personally identifiable information and other practices described in our Privacy Policy Statement.

Effective date: April 19, 2009

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