• items:  
  • Amount:  
MILK EYEWEAR’S TERMS AND CONDITIONS WAS LAST UPDATED ON JUNE 02, 2016


Welcome to www.milk-eyewear.com (the "Site") under Optimate Inc and any other partners. On the Site we are also known as "MILK Eyewear", "we", and "us." In this document we will also refer to our website as "Site" services as "Services." 

These documents contain terms, conditions, rules, and other guideline related to the Services we provide for you. Some parts of the Services may contain other terms, guidelines, or rules, which will also apply to the Services we apply. This is a long (and super fun) document. Please make sure you read, understand, and agree to the terms listed. 

Before you go on, please note that the use of the Site and Services means you agree to the terms listed on this document. For this reason, we urge you to carefully go over this document in all its entirety, as well as any other policy notices such as our Private Policy. For your protection, please do not use the Site and Services if you do not agree. 


ACCOUNT REGISTRATION

You can use and navigate most of the site without a user account ("Account"). If you want to use other features such as purchasing, we may require you to create an Account. If you create an Account you agree to provide us with accurate, updated, and complete information at all times. This includes, but is not limited to your full name, birthday, credit card information, email address, billing/shipping address, and prescription. By creating an account, you are solely responsible for any activity that occurs through your Account. Keep your Account and password secured. You should never publish, distribute, or post information about your Account, nor should you allow anyone to use your Account without your permission. 


MOBILE APP VIRTUAL TRY-ON

The listed general contract terms (the "General Terms") represent MILK's terms and conditions in regards to our "MILK Eyewear Virtual Try-On" Application created for your mobile phones. This app is provided by our friends at TryLive and registered with Optimate Inc USA along with any and all companies under Optimate Inc USA "MILK Eyewear", "we", "us."

1 The App

1.1.1 MILK Eyewear Virtual Try-On app allows you ("Users" or "you") to virtually try on any MILK glasses (the "Styles"), save your Try-On images in your camera roll (the "Pictures"), share your pictures through Facebook, Twitter, Email, Message, Texts (and any other) for all your awesome friends to see, and access the pages where you can buy our very own MILK glasses at www.milk-eyewear.com

1.1.2 The rights to our  application can only be used and is restricted to physical and real people, is personal and cannot be transferred to third parties (either for free or at a charge) both temporarily and definitely. Furthermore, no Commercial use of our application is allowed. 

2 User's Representations and Warranties

You agree that you (i) live in the United States; (ii) have all basic rights to use the app (ii) will use the App only for purposes allowed under applicable laws, and without harming any third party rights; (iv) will not post and/or publish, or allow other people to post and/or publish pictures or related comments (collectively, the "Content") that is offensive, insulting, damaging, slanderous, pornographic, obscene, or blasphemous; that violates laws or regulations – including, but not limited to, intellectual property, privacy, or data protection laws provisions; that encourages third parties to engage in illegal and/or criminal conduct; that contains viruses or other programs aimed at damaging or interfering with the proper operation of our The MILK Virtual Try-On App, causes technological problems and servers of the supplier or that intercepts or misappropriates operating systems, data or personal information or violates or eliminates computerized or electronic correspondence to third parties; that contains advertisements, promotional material or any other kind  of solicitation; (v) will not make public any sensitive personal data (including, but not limited to, a person's health, ethnic or racial background, sexual orientation, criminal history, political or religious affiliations) and (vi) will not use our App to obtain images of minors without prior parental authorization and/ or third parties without the necessary authorization to publish or use them online.

By using MILK Eyewear's App, you the user acknowledge and agree that:

3 Indemnity
MILK is not accountable for any loss, damage, liability, cost, expense (including legal fees) coming from any third-party claim related to the breach of any of your representations and warranties under these General Terms. 

4 Supplier's Limitations of Liability

4.1.1 The app is only offered in order to provide you with an approximation of what the real MILK Eyewear will look like on your virtual model. Except to the extent required by law, we do not guarantee 100% accuracy of such approximation, the quality, proper operation or the fitness of the app for any specific uses.

4.1.2 MILK Eyewear is not obligated to carry out any prior verification on the Content, unless it is absolutely necessary in order to comply with the law or a competent authority. We are also not subject to any general lawful obligations and, therefore, in no way will be held liable for the Content, or any errors  and/or omissions contained within or for any direct or indirect damages caused to the Users and/or third parties from the use or non-use of the App. Users are solely responsible for any Content autonomously posted, published and/or circulated online through the App.
 
5 Availability and Continuity of the App
 MILK Eyewear reserves the right to temporarily or permanently (i) suspend or eliminate the Milk Eyewear Virtual Try-On, and (ii) disable any access to the App now and in the future.

6 Notification to the Authorities
 In the event that MILK Eyewear becomes aware of any prohibited activities carried out by you, we will be required to take immediate action, and unfortunately will have to report such violation to the competent authorities and have them take the needed legal actions. This can be in terms of providing the information in its possession to identify the user in order to prevent, and prosecute such unlawful activities. 

7 Automated Communications
By using the App you are giving MILK Eyewear consent to automatically send you useful updates about the App. 

8 Intellectual Property Rights

8.1.1 The App and all software needed to provide such (the "Software"), is under the complete ownership of MILK Eyewear and its licensors ("We"). They contain confidential information and are protected under the law. However, you get the non exclusive and non-transferable royalty-free license access to use the App and the Software required for said use. 

8.1.2 Unless MILK Eyewear has granted you permission, you agree to not modify, provide (in any way), distribute, disclose or create works based on our App or  Software. In addition, you cannot sublicense, rent, sell, distribute, circulate, provide, transform, decode, break down, disassemble, modify, translate, carry out, reverse engineer, reproduce, copy, or use the Software in any way other than which MILK Eyewear allows you too. You are not allowed to create works that attempt to uncover any of our source codes or develop products/software applications based on the Software or that in any way make use of the same.

8.1.3 Please do not use our App in any other way except through our software interface distributed by us. By using MILK's Virtual Try-On App you acknowledge and accept that any acquired content or data that is damaged or loss is under your complete responsibility even if it was caused directly by the App. Therefore, the use of the App and its Software is under your risk and peril. The App and Software are provided by MILK and accepted by you in its current condition ("as is" and "as available"). MILK does not promise that the Software meets your requirements and is such, uninterrupted, convenient, safe or error-free. In addition, we cannot promise you that our results are expected, hoped and obtained through the use of the Software. 

9 Unilateral Modification of General Terms

Before using the App you must understand and accept these General Terms. By using the App, you accept the General Terms at its current state during your time of use. You also acknowledge and accept that MILK may publish a new version of the App at any given time. The new General Terms shall be automatically effective as soon as they are published. If for any reason you no longer agree with the new terms, you are therefore forfeiting your use of the App.

10 Communications
If you want clarifications on the App you can contact MILK Eyewear anytime you so wish at privatepolicy@milk-eyewear.com. We'd love to hear from you!

11 Jurisdiction and Applicable Law
These General Terms will be defined and carried out in harmony with the laws of the State of California, without regards to its conflicting law provisions. Any  conflicts concerning the interpretation and/or performance of these General Terms will be the sole jurisdiction of the federal, state and local courts within the  State of California.

Ordering MILK Eyewear Frames

1  Add Frames To Cart: To order optical frames, browse our website, select your desired frame, and then add to cart. When you checkout, you will have the option of choosing between 4 types of eyewear, each including a different lens type and/or high index lenses. These lens are prescription eyewear with prescription lenses, progressive eyewear with multiple lens power, readers with reading/magnifying lenses, and non-prescription eyewear with non-prescription lenses (non rx lenses). To order sunwear frames, browse our website, select your desired frame, and then add to cart. Each pair of Sunwear frames will have the option include polarized and or/prescription lenses. 

WARNING: Polycarbonate lenses contain a chemical known to the State of California to cause birth defects or other reproductive harm. 

2  Fill Out Your Prescription: When purchasing prescription frames, you will need to provide us with your most updated prescription information using one of the following methods 1. Filling out a prescription order and uploading a picture of your prescription 2. Asking MILK Eyewear to call your doctor for your prescription information. 

Please note: your prescription must be valid on the date you place your order. Meaning, your prescription must be within 2 years of the expiration date. If your  prescription is outdated we will directly contact with you via email or phone about your updated information. This can result in a delayed turn-around time of your frame order. By submitting an order you authorize us to contact you via the contact information you provide to us. 

You will be held responsible for any/all outdated prescriptions when submitting your order. MILK Eyewear cannot issue a refund or exchange eyewear/sunwear for an invalid prescription submitted by you. 

3  Provide Pupillary Distance Measurement: We will also need your Pupillary Distance ("PD") Measurement to fill your order. Your PD measurement can be measured by your eye doctor and may be provided in your prescription. Please make sure to have this measurement ready before you place an order. You cannot checkout without a valid PD.

For your convenience, we provide self-measurement tools online through our Virtual Try-On Application on the Site. By using the Virtual Try-On method, you acknowledge a risk that the measurement is not as accurate as one performed by a trained eye care doctor/professional. By acknowledging the risk, you agree that we will not be responsible for any inaccuracies in your PD measurement. 

4  Provide Delivery Information: To ensure we send your frames to the right place, we will need your most current name, shipping address, telephone number, and email address. All orders are shipped to the 50 United States, free of charge. By submitting your delivery information you authorize us to keep a record of the information in our system.

Our apologies, we currently do not provide international orders at this moment. 

5  Provide Payment: During checkout after you've picked your frames and provided your delivery information, you will need to provide payment details, such as your billing information. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.

6  Checking Order Status: Once your order is ships out and is on its way to you we'll send you an email confirmation with the tracking information. 

7  Cancels/Returns/Exchanges: All purchases can be exchanged or returned within 30 days if they do not have an engraving. Unfortunately, because engraved glasses are personalized, they cannot be exchanged or returned. To get started, give us a call or email us orders@milk-eyewear.com. 

Orders are cancellable within 2 hours after they are placed. Be sure to have your invoice number ready when you give us a call. 

Updating Terms and Conditions
    
MILK Eyewear reserves the right to update our Terms and Conditions at any given time and in our sole discretion. We are responsible for updating "Updated  On" date at the top of our Terms and Conditions page to let you know when our Site and Services has last been revised. Please make sure to review these Terms and Conditions regularly. If you continue to use our Site and Services, you are agreeing to the updated and revised Terms. 

Eligibility

The Site and its Services is only available for your personal use only. You will be able to use the Site to view the Site and its content, purchase products, and rovide information for purchasing, giveaways, and collaborations. 
You can only use the Services to the extent the laws of your jurisdiction or the United States. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.

Children's Privacy

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. If you are under the age of 13 and would like to order a frame on our Site, you must be under adult supervision from the start to the end of your checkout process. 

Privacy

Your privacy is very important to us and we take precautions to keep it confidential. There are instances however, where we will use your information for features and services between our partners to satisfy your experience with the Site and the ordering process. Our Privacy Policy details how we collect and  use your information. Please review our only and official private policy.  

WARRANTY DISCLAIMER

Please be advises that MILK Eyewear has no control over who can access our Site, what content they access through the Site, how they interpret the content on the site, and what they do with said content. 

By using the Site you agree that you do not hold MILK Eyewear for any liabilities relating to you. Nor can we be held liable for the accuracy, copyright, legality, or decency of the content, materials, and services on the Site. 

© MILK Eyewear 2016, all rights reserved.