Terms of Service

Effective October 3, 2012

This is a binding Terms of Service Agreement ("Agreement") between you and Full Stack LLC ("Full Stack"), regarding your use of Milled ("Website"). These Terms of Service and our Privacy Policy govern your use of the Website and any electronic services created and distributed by Website, as well as any content or information contained by those services.

By using the Website, you agree to these conditions. Please read them carefully. Should you object to any term or condition below, your only discourse is to cease use of the Website immediately.

Your use of the Website

You agree that you are at least 18 years of age, and that access to Full Stack is legal in the jurisdiction from where you are accessing Full Stack.

You agree to use the site solely for your own personal, non-commercial use.

Third Party Websites

Full Stack provides links to third party websites which are completely independent from Full Stack. You agree that use of these third party websites is solely between you and the owners or operators of these websites, and at your own risk.

You are strongly cautioned to read carefully the terms of services, details, conditions, and limitations of any merchandise, services, sales, offers, coupons, coupon codes, services, agreements, subscriptions, promotions, contests, sweepstakes, and memberships that third party services may offer. Full Stack makes no guarantees and takes no responsibility for: the accuracy, completeness, misrepresentions of any information presented by third party websites; offensive, libelous, infringing or illegal materials; any liabilties resulting from third party websites' terms of services.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS”. FULL STACK ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FULL STACK NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, CLICK FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

FULL STACK MAKES NO CLAIMS OR PROMISES REGARDING A THIRD PARTY, ITS OFFERS, PROMOTIONS, CONTENT, MECHANTABILITY, DAMAGES, AND CLAIMS. FOR EXAMPLE, A PROMOTION OFFERED BY A THIRD PARTY PROMOTED ON FULL STACK IS SOLELY THE RESPONSIBILITY AND LIABILITY OF THAT THIRD PARTY.

Liabilities

In no event will Full Stack, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Full Stack shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Website's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Full Stack, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Intellectual Property

Content on and distributed by Full Stack, such as text, graphics, logos, and software, is the property of Full Stack or its partners and is protected by copyright, trademark or other laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.

Copyright Infringement Claims

If you believe that any material contained on Full Stack infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Full Stack will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

Full Stack LLC
175 Varick St
New York, NY 10014

To file a copyright infringement notification with Full Stack, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements)

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Suggestions or Improvements

By sending us any ideas, suggestions, documents or proposals ("Submission"), you agree that (i) your Submission does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Submission already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

Termination

Full Stack may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes to the Agreement

Full Stack reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Full Stack may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Full Stack and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Full Stack, or by the posting by Full Stack of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one commercial arbitrator appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Full Stack may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.