We don't want to own your stuff, we just need to make sure we're able to put it on the site or let people see it in apps. But please do read the whole thing and let us know if you have any questions or concerns.

MLTSHP.COM
TERMS OF USE

These Terms of Use (the “Terms”) govern your use of this Internet website (the “Site”) and your relationship with the owner/operator of the website, MLTSHP Inc., a Delaware corporation (referred to hereinafter as MLTSHP.com, “we”, “us” and “our”). By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and MLTSHP.com that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact [email protected] If you do not agree with these Terms, do not access or use the Service. If MLTSHP.com makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. By accessing and/or using the Site, you accept and agree to be bound, without limitation or qualification, by these Terms, and any modifications hereto. We may, in our sole discretion, immediately terminate your right to use the Site if we find that you have failed to comply with any provision of these Terms or if we believe, in our sole discretion, that you have in any way abused your right to use the Site.

1. PRIVACY POLICY

MLTSHP.com takes your privacy seriously. This Privacy Policy describes exactly how MLTSHP.com uses the personal information, defined below, that we collect from our users. If you have any questions about this Privacy Policy, please email us at [email protected]

When you register with the Site, you are asked to provide certain personal information, including your name and email address (“PI”). We store your PI, but do not provide it to any third parties.

We use this information to provide the services you request, send you notifications, respond to customer support requests, etc. You can access and change your PI or delete your account by logging into your account here: MLTSHP.com

We will not disclose, sell or exchange PI to or with anyone, without your approval, unless we believe disclosure is reasonably necessary to:

  1. comply with the law or legal process;
  2. protect or defend our rights or property, or the rights or property of others;
  3. enforce these Terms; or
  4. respond to claims that the content of any material on our system violates the rights of others.

We will aggregate user information and perform statistical analyses of the collective characteristics and behavior of our members and visitors, to measure overall demographics and interests regarding specific areas of our domain and to analyze how and where to use our resources. We may share general demographic and interest information with third parties, but such aggregate information is not personally identifiable. We may also use the aggregate data collected to inform our sponsors as to the number of people who have seen and “clicked” on their advertisement. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or fall within a particular age range.

We use your PI in various ways to provide access to our website and service. We use PI to enhance your site experience in the following ways:

Complete a Transaction: We use PI to complete a transaction requested by you. We also may use this information to keep track of your purchases or notify you of any product or service that we believe may be of interest to you.

Customer Communication: We use PI to communicate with you and we consider this communication to be an integral part of the MLTSHP.com service. We use your email to inform you of site improvements, feature announcements, newsletters, MLTSHP.com promotional offers, and occasional third-party promotional offers that may be of interest to you.

Customer Satisfaction: We use PI to make your MLTSHP.com experience enjoyable. We may email you to answer questions or provide additional customer service. We will communicate with you via email, to the email address(es) you provide to us. If you would like to cease receiving communications from us, you may either delete your account or notify us that you would no longer like to receive email communications from us by sending an email to this address, and informing us therein that you would no longer like to receive email communications: [email protected].

Social Media: We may use PI to connect you with external applications, such as social media web sites or platforms.

We also collect non-personally identifiable information when you use the site.

We use both session cookies and persistent cookies. Cookies help us determine how long users view particular content, which particular content (e.g. advertising) users view, which content or sites users link to, and which services members and visitors use. Persistent cookies are used if you choose to enable the auto-login feature. These cookies are randomly generated and uniquely assigned to each user. They are not associated with any personally identifiable information such as name or password. Session cookies help us keep track of when a person is logged in. Once a user is logged in, session cookies allow us to personalize information on the Site for them.

We collect user IP addresses. We use your IP address to help diagnose problems with our server and to administer the site. Your IP address is also used to gather broad demographic information such as geographic distribution of our members. We do not intentionally link your IP address to your personally identifiable information.

Analytics Tools: We use analytics tools and other third party technologies, such as Google Analytics, to collect non-personal information in the form of various usage and user metrics when you use our Site. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information. Google has additional information available about how they use this information.

Third Party Service Providers: Paid subscriptions are handled by a third party service provider, Stripe, pursuant to its terms of service. Any information you provide to Stripe will be maintained in accordance with its policies, and not ours.

2. FEES

MLTSHP.com offers a range of subscription plans for its Services (each, a “Plan”). You will select your Plan as part of your registration for the Services. Each subscription period for a Plan is one year and billed at the beginning of your subscription. To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on MLTSHP.com and click the “Account” page, or contact us at [email protected].

Payment of fees:
As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan and any applicable taxes in connection with your use of the Services. We will bill the fees due under your Plan to the credit card you provide to us during registration. We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

Credit Card Payments:
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us and our payment provider, Stripe, to charge all amounts owed under your Plan.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact MLTSHP.com if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your MLTSHP.com username or password).

Account Cancellation:
You may cancel your Plan upon 30 days notice by sending an email to [email protected] If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account.

3. CHILDREN UNDER THE AGE OF 13

You must be at least 13 years of age to sign-up for MLTSHP.com. If you are under the age of 13, please do not attempt to register with the Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us at [email protected].

4. COPYRIGHT AND INTELLECTUAL PROPERTY

MLTSHP.com; the MLTSHP logo; the selection, compilation, arrangement and presentation of all materials; and the overall design of the Site are the intellectual property of MLTSHP Inc. in the United States and/or other foreign countries. Any other use of our intellectual property without our express prior written permission is strictly prohibited.

When you use the Service, you become a participant in an online community of people who enjoy sharing digital images.

  1. Ownership. You will retain ownership of the Content you post that you own and any rights granted to MLTSHP.com herein are granted as a license. By posting, uploading or placing such material on the site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such material in connection with the Site. This license ends when you delete the material or your account unless the material has been shared with others, and they have not deleted it.
  2. Content License. In order for MLTSHP.com to provide our services to you and your invitees, as a condition to Membership you hereby grant to MLTSHP.com and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Service to you or your invitees, (b) showing you how your Content would appear in a product or service offered by MLTSHP.com or one of its agents or (c) improving the Service (e.g., customer support, technical support and/or vendor fulfillment).
  3. Warranty. As a condition of using the site, you represent and warrant to MLTSHP.com that you either own your Content or have the right to grant the rights and licenses set forth in these Terms. You represent and warrant that the Content does not and will not infringe, misappropriate, use, or disclose without authorization or otherwise violate any personal, copyright, trade secret right or other intellectual property or other property right of any third party.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You shall not post, upload or otherwise place any content or information on the Site that belongs to a third party which/who has not given you permission to do so. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

If you believe that any such information or content has been posted, uploaded or otherwise placed on the Site, please contact our Designated Agent (the “Agent”) at:

Jessamyn West
PO Box 345
Randolph VT 05060
802-234-8910
[email protected]

Notifications of potential infringement to the Agent must be in writing, and include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. 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.

Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded or otherwise placed the allegedly infringing material on the Site that we have removed or disabled access to such material.

If you believe that material has been removed improperly, you must send a written counter notification to the Agent, and include:

  1. a physical or electronic signature of the subscriber;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. the subscriber‘s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a counter notification complying with the foregoing requirements, we will promptly provide the person who provided the original notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days, unless we receive notice that the original notifier has notified the designated agent for the counter notifier that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

5. LIMITATIONS ON USE OF SITE

You agree that you have the full authority and right to enter into and be bound by these Terms. MLTSHP.com is committed to ensuring that the Service remains a fun and safe place to share digital images. To that end, the Service allows users to be creative with their content. Users of the Service may not use the Service to share “Prohibited Content.” Generally, Prohibited Content includes Content or other material that MLTSHP.com believes is/are:

  1. unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind;
  2. material that infringes or violates any third party‘s copyright, trademark, trade secret, privacy or other proprietary or property right;
  3. material, the uploading of which, could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
  4. material that is objectionable, including without limitation, content that promotes illegal activities or physical harm against anyone;
  5. spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  6. viruses or other harmful, disruptive or destructive files.

You further agree:

  1. that you will abide by MLTSHP.com‘s Code of Conduct;
  2. that you will not disrupt or interfere with another user‘s use or enjoyment of the Site;
  3. that you will not use or attempt to use another person‘s or entity‘s account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, the Site, system resources or accounts, or any servers or networks connected to the Services;
  4. that you will not attempt to obtain unauthorized access to Site;
  5. that you are responsible for your actions in relation to Site, and for any communications transmitted under your account;
  6. that you will not forge header or address information or otherwise impersonate another or create a false identity;
  7. that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation email addresses, from our Site;
  8. that you will not disrupt the normal operations of the Site;
  9. that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
  10. that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection and email creation and delivery.

MLTSHP.com has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although MLTSHP.com does not and will not examine or otherwise review all Content submitted or transmitted to the Service, MLTSHP.com may delete, move, and edit Content for any reason, at any time, without notice.

6. DISCLAIMER OF WARRANTIES

THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, MLTSHP.COM WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA, INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. IN NO EVENT WILL WE BE LIABLE TO YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE USE OF THE SITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Without limiting any of the foregoing, we are not responsible for any of your materials and data residing on our network hardware. You are responsible for backing-up your materials and data that may reside on our network, whether or not such materials and data are produced through the use of the Site.

8. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MLTSHP.COM, INCLUDING ITS OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “MLTSHP.COM AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (COLLECTIVELY “CLAIMS”), INCLUDING REASONABLE ATTORNEYS‘ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING ANY CLAIMS RELATED TO (i) ANY CONTENT SUBMITTED BY YOU, (ii) YOUR ACTIVITIES ON THE MLTSHP.COM WEB SITE, OR ANY ACTIVITIES MADE IN CONNECTION WITH YOU OBTAINING ANY PRODUCTS OR SERVICES FROM MLTSHP.COM OR (iii) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE ON YOUR BEHALF, SUCH AS BY USING YOUR ACCOUNT.

Sorry for hollering.

9. TERMINATION

MLTSHP.com may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by MLTSHP.com elsewhere within the Service, or (ii) conduct MLTSHP.com believes is harmful to other MLTSHP.com users or the business of MLTSHP.com, or (iii) failure to maintain Active Participation in the Service. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the Site, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

10. CHOICE OF LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to its conflict of law provisions. Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of these Terms of Use will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Vermont area and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the MLTSHP.com web site and services, but in no event attorneys‘ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the MLTSHP.com web site and services, you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

11. MODIFICATION OF TERMS

MLTSHP.com may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by MLTSHP.com will be prospective only.

12. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and MLTSHP.com governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials, these Terms will always control.

You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. The failure of MLTSHP.com to exercise or enforce any Term will not constitute a waiver of such Term. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Site. You may not assign any right, interest or benefit provided under these Terms or through the Site without our express prior written consent.