Milk is operated by Milk snc, via F. Sabatini, 10 – 00135 Roma, VAT ID IT11746861001. Throughout the site, the terms “we”, “us” and “our” refer to Milk snc. (Milk). M.i.l.k. snc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. The Service and General Limitations of Use
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Milk snc is the owner of the exclusive commercial rights on the existing and future music tracks published by Milk snc within the Milk Music catalog (hereinafter referred to as “CATALOG”). The rights of the collective management societies of the rights of author.
Milk is an online music and voices catalogue service, by which Milk makes available digital music and voces audio files (collectively as well as any part thereof “Content”) for the purpose to be used in audiovisual productions and/or other projects, under the terms and conditions as set out in these Terms and Conditions and the applicable music license agreement.
You access the Service from Milk online interface. The Service is available for entities and persons that have registered and created user accounts to the Service.
The assortment of Content may be amended at all times by Milk, with or without any notice to you. You accept that the Content that is available might not be available at a later stage.
Content types and descriptions, such as genres, categories etc., are provided for your convenience only and Milk does not guarantee their accuracy.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree to only download Content in accordance with the restrictions applicable to your account.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. How to Access the Service and Your Account
In order to use the Service you must create a personal account and register as user by following the instructions that are further specified in the user registration form. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Milk reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.
You must notify Milk immediately of any breach of security or unauthorized use of your Milk account that you become aware of.
You agree that you will be solely responsible (to Milk and to others) for all activity that occurs under your Milk account.
How to use a song
Before you can use a music track of the CATALOG, you are required to activate the license by indicating “Project Title” “License Holder” and “Activation Date”.
The license in pdf format will be accessible directly from your account page and will be your care, print it for your archive
If you have been offered a free trial, MILK reserves the right, in its sole discretion, to determine your eligibility for a trial, and if you’re determined not to be eligible, modify the trial at any time with prior written notice. For some trials we require you to provide payment details to start the trial. At the end of such trial, and if you have not decided to terminate the agreement, MILK will automatically start to charge for such provided Service.
3. Intellectual Property Rights
You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable music license agreement.
All content available through the Service and on the website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Milk.
Except for the rights expressly granted to you in the applicable music license agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Milk. Milk do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.
Please note that you may not use the Content in connection with other material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.
Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading the track to any kind of distribution platform or otherwise distributing a track as a full-length (or shortened) file, on its own or with a just background picture and/or just the name of the artist/track).
4. Third Party Applications
The Service is integrated with third party applications, websites and other services to make the Service and Content available to you as a user. These third party applications may have their own terms and conditions of use etc., and your use of these third party applications will therefore be subject to the applicable terms and conditions for such third party provider. Milk is not responsible or liable for behavior, content or features of any third party application.
5. Personal information
6. Service Level and Disclaimer
Milk will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.
Milk is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Milk ‘s control.
Milk will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Milk will try to arrange updates and maintenance outside of peak usage hours.
Milk reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Milk shall have no liability to you if Milk exercises such rights.
This service is provided “as is” and “as available” and to the fullest extent permitted by applicable law Milk makes no warranty, representation, express or implied, and/or disclaimer as regards to the availability, fitness for purpose, non-infringement, content or other data provided and the quality of the service. You use the service at your own risk. You also acknowledge that freedom from program errors cannot be obtained in the software industry. Neither Milk nor any owner of content warrants that the service is free of malware or other harmful components.
Milk (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) shall in no event, and to the fullest extent permitted by applicable law, be liable for any damages as a consequence of shutdown, loss of or effect on data, loss of profit, and claims for damages by a third party or other indirect injury.
You agree to indemnify, defend and hold harmless Milk, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8. Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Milk , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
11. Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Rome, Italy.
12. Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.