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Terms and Conditions and Privacy Policy

Millsberry.com Privacy Policy

Millsberry.com is committed to providing a fun, entertaining, and safe Web site for people of all ages. We are dedicated to safeguarding any personally identifiable information collected online and to helping parents and children learn how to exercise control over personally identifiable information while exploring the Internet. Because many of the visitors to this site are children, we take care that our content is suitable for children. In addition, we take special measures to help children protect their privacy while online. For example, we do not ask children to disclose more personally identifiable information than is necessary for them to participate in a particular activity, and we take efforts to prevent children from posting contact information. We have developed our privacy practices as they relate to children based on guidelines established by the Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus and in compliance with the Children's Online Privacy Protection Act (COPPA) and its regulations.

To help ensure a rewarding online experience for our visitors - and for the parents of our visitors who are children - we provide you with this summary of our information practices. We also recommend that parents monitor their children's Internet activities and learn to employ software and other tools that can help their children enjoy the entertainment of an online experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parents' preferences.

As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. When we make modifications to our privacy policy, we will notify users by posting a new version here. However, we will treat all personal information we collect in accordance with the privacy notice in effect at the time the information is collected.

I. The Information We Collect

At Mills Online, it is our policy to create website experiences for children under the age of 13 that require minimal or no collection of personally identifiable information.

On Millsberry.com, the only personally identifiable information we require from users under the age of 13 during the registration process is a valid e-mail address. And, we ONLY use this information to send these users one automated message to activate their Millsberry.com account, and then the e-mail address is deleted. We also ask users for certain non-personally identifiable information, such as birth date, gender, and/or ZIP code.

For some of our online activities - such as polls or surveys - we may ask users to provide additional information that is not personally identifiable, such as favorite food flavors or favorite cartoon character. Additionally, when visitors come to our site, we automatically collect some non-personally identifiable "computer" information, such as the type of computer operating system (e.g., Windows 2000 or Mac OS), the web browser (e.g., Netscape, Internet Explorer) being used, and information regarding the Internet service provider.

Also, from time to time, Mills Online may collect personally identifiable information from a child under 13 without prior consent of a parent/guardian, but only in these special, limited circumstances:

  1. We may seek a child's name and a parent/guardian's email contact information to seek the parent/guardian's consent for the child to participate in a specific online activity or to provide the parent with a notification.
  2. We may seek a child's user name and email address in order to respond on a one-time basis to a specific request of that child. For example, if a child sends us an email request or question, we will hold their email address long enough to respond to them and then delete it from our system after we have provided an answer.
  3. From time to time, Mills Online may offer special online activities like sweepstakes or contests that are open to children under the age of 13. If a child under the age of 13 wishes to participate, we will ask for a parent/guardian's email address so that we can notify them and give them an opportunity to opt out of the activity on behalf of their child. Any information that is given to us in this circumstance is used only for the purpose of conducting the activity and will be deleted from our system once the activity is concluded, and after any legally required period for keeping such information has passed.
  4. We may seek a child's name and contact information to the extent reasonably necessary to protect the safety of a child participating on our website. In this situation the information will only be used for the sole purpose of protecting the child's safety and, as above, we will provide the parent/guardian with notice of this use.
  5. We may seek a child's name and contact information to the extent reasonably necessary to protect the security or integrity of our website; to take precautions against liability; to respond to judicial process; or to the extent permitted under other legal provisions, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. Such information will not be used for any other purpose.

II. How We Use the Information

We use visitors' personally identifiable information only for our stated purposes, such as setting up an account or enabling users to enter one of our online contests or sweepstakes. We use the e-mail addresses of parents to notify them when we have received information from their children and to give them the opportunity to have their child's name removed from our lists. We do not reuse any personally identifiable information we obtain through a contest or sweepstakes after the particular event is completed.

Sometimes we will use agents or contractors to help us provide services to our visitors, such as helping us conduct a sweepstakes and send prizes to the winners. In these cases, we require the agent or contractor to keep the information confidential and to use it only for the specific services they are performing.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site, to personalize our visitors' experience on Millsberry.com, and to offer products, programs, and services. We also may use this information in the aggregate to analyze site usage, as well as to offer products, programs, or services.

We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.

We will not use or transfer personally identifiable information in ways that are materially different from the ones described above without also providing parental notification of such practices and obtaining consent for any materially different uses.

III. Collection of Information by Third-Party Sites and Sponsors

Our site may contain links to other sites, including those of sponsors and advertisers, whose information practices may be different from ours. Sometimes the other sites might conduct contests or sweepstakes that are promoted on Millsberry.com. Visitors should consult the other sites' privacy notices, since those sites are not covered by our privacy policy and may follow procedures that are different from ours. Mills Online never gives a user's e-mail address or other personally-identifiable information to advertisers on our site without the user's (or that user's parent's) permission.

IV. Cookies

Millsberry.com uses a software technology called "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this Web site to personal information that a visitor has provided, such as an e-mail address, we do not use them for this purpose. We do use "cookies" to determine how many visitors we have and how often they visit various sections of our site.

V. Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

VI. Parental Review of Information
Upon providing proper identification, parents can make a request to review, correct, update or have deleted their child's personally identifiable information from our database using this form or by writing to us at: Mills Online Consumer Services, P.O. Box 9452, Minneapolis, MN 55440.

Mills Online reserves the right to change our privacy policies or practices at any time. Any changes will be reflected on this page. Therefore we recommend that you review this site's Privacy Policy often so that you are always fully informed. In addition, we will send a notice to any parent informing them of any material change in the collection, use, and/or disclosure practices to which that parent previously consented.

VII. Contact Us
If you have any questions, comments, or concerns regarding our privacy policy and/or practices, please contact us using this form or by writing to us at: Millsberry.com Consumer Services, P.O. Box 9452, Minneapolis, MN 55440.

Mills Online Consumer Services

Millsberry.com Terms and Conditions of Use

It is very important that you (and your parents, if you're under 18) review the following rules so that you know what you can and cannot do on Millsberry.com. By using this site, you and your parents agree to the following terms and conditions:

Basic Summary:

  1. The Millsberry.com accounts, activities, items and games are for you to play with while on the Millsberry.com site. Except as permitted by the functionality of this site, you can't sell them (for money or Millsbucks), give them to anyone, trade them for anything, or pretend you made them. You can display our pictures on your own personal web pages for your personal noncommercial use ONLY as long as you write either "Copyright 2004 Mills Online, Inc. All Rights Reserved. Used With Permission" or "Mills Online, Inc., © 2004. All Rights Reserved. Used With Permission" on EVERY page with our pictures and/or text and you link directly to us. By the way, this means that you can't sell ads, barter for stuff, offer your services, or otherwise earn money either on web pages that contain our pictures and other materials, or by using our pictures or other materials, such as by offering to make Millsberry.com banners or backgrounds for others.
  2. If you see anything mean or nasty on the site, or anyone sends you anything about this site that makes you uncomfortable or asks for your password or personal information (such as your name, address or phone number), please contact us immediately by using this form so that we can handle it right away! However, reporting false abuse or providing inappropriate feedback will not be tolerated and may result in a frozen account.
  3. All user content and communications on the Millsberry.com site is either restricted to pre-scripted messages, or is filtered and monitored. Nonetheless, so that everyone has a good time, you understand and agree that you will not send through the site any words, images or links containing or relating to:
    • account usernames, store fronts, or any descriptions or names that would be considered inappropriate under our Terms and Conditions
    • trying to test Millsberry.com's content filters (or encouraging others to do so)
    • profanity, obscenities ("swear words"), sexual content (express or implied, including inappropriate acts with or by your characters for "real" or in role play)
    • dating requests or offers for yourself, or other people
    • attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person
    • gangs, gang-slang, or the promotion of gangs
    • chat rooms or links to sites with chat rooms
    • promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway)
    • materials created by someone else without their express written permission
    • information that might identify another user
    • material regarding political, social, or religious views or opinions
    • links to or advertisements for third party commercial Web sites
    • "cheats" or "hacks", or information or links to sites claiming to have these
    • fraudulent requests for user passwords
    • requests for money by using Millsbucks or any other Millsberry.com property on third party sites or your personal websites (including Ebay)
    • scams of any kind (including requests to users to change their email address)
    • "spamming" (repeatedly posting the same message) or "party boards"
    • anything that suggests it's from a member of the Millsberry.com staff
    • other information that Mills Online, Inc. deems, in its sole discretion, to be inappropriate for this site

    4. BEWARE: If you do any of the above we may freeze your account permanently.

  4. Do not create any new characters or accounts if you are not going to use them. You cannot have multiple accounts just to get more Millsbucks or other items. You are only allowed a maximum of five accounts per email address.
  5. If you cheat on Millsberry.com games or use cheat programs, including non-Millsberry.com software or programs, to play the games we may freeze your account.
  6. Please don't send us any new product, promotion or advertising ideas. However, if you do send or write something to us in an email, by mail, on a feedback form, or otherwise, we might use the same idea on the site or elsewhere. If you're under age 18, remember to ALWAYS check with your parents before you send anything to us! By sending in your comments or ideas, you (and your parents) are agreeing that it's okay to repeat them on the site and elsewhere, and it's even all right for us to use it in an ad or in some other way. So, this means we can use your submissions in any way we want, anywhere, until the end of time.
  7. You understand that, as part of playing on the Millsberry.com site, you may receive messages from Mills Online in your Millsberry.com mailbox that let you know when certain events happen with your characters, when new features are added to the site, etc. You also agree that occasionally Millsberry.com can send you special offers that you are under no obligation to accept.
  8. 8. Attempting to gain access to someone else's account and/or account information, or trying to get other people's passwords is STRICTLY FORBIDDEN. Your account will be deleted and you will be permanently banned from the site.

Remember - No member of Millsberry.com or Mills Online staff will EVER ask you for your password!

The information above is intended as only a basic summary of our Terms and Conditions. Please refer below for our complete, current Terms and Conditions of Use.

Millsberry.com — Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").

This site is fully controlled and operated by Mills Online, Inc. (referred to below as "Mills Online" "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these terms of use. If you do not agree to these terms, please do not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these terms at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms and Conditions of Use posted at this link 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 of Use (including the Millsberry.com Privacy Policy).

OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All site software, designs, 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 "Materials") are the property of Mills Online, Inc. 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.

Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means. Modification of Materials or use of Materials for any purpose is a violation of Mills Online's copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. Mills Online hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or Mills Online, provided that "Mills Online, Inc., © 2004. All Rights Reserved. Used With Permission" or "(c) 2004 Mills Online, Inc. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Mills Online's express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Millsberry.com respects the intellectual property of others, and we ask our users to do the same. Millsberry.com may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.

Mills Online's USE OF USER SUBMITTED MATERIALS
By submitting any materials to us and/or the Site by any means whatsoever, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Mills Online a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived. All comments, suggestions, ideas, notes, drawings, concepts, recipes or other information disclosed or offered to us by you shall be deemed and shall remain our property. You understand and acknowledge that we have both internal and external resources which may have developed or may in the future develop ideas identical or similar to your suggestion or comment and that we will only accept suggestions and comments on these terms. In any event, any suggestion or comment is not submitted in confidence and we assume no obligation, express or implied, by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the suggestions of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the comments and suggestions for any purpose whatsoever, commercial or otherwise, without compensation to the submitting party.

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. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MILLS ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MILLS ONLINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MILLS ONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT MILLS ONLINE) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MILLS ONLINE, 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 MILLS ONLINE OR ANY THIRD PARTY.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL MILLS ONLINE HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE).

THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Mills Online, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Mills Online explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Mills Online 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 Mills Online nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.

Mills Online encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Mills Online cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Mills Online 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.

Mills Online cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Mills Online, since such sites are owned and operated by third parties. Mills Online does not endorse any of the merchandise or services, nor has Mills Online taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Mills Online does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Mills Online with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Mills Online never gives or sells e-mail addresses to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Mills Online to transmit his e-mail address to that sponsor.

UNAUTHORIZED LINKS TO SITE
Millsberry.com allows users to link Millsberry.com-related fan sites to the Millsberry.com homepage (http://www.millsberry.com). However, by using this website, you specifically agree not to link to any pages within the Millsberry.com site without our express written approval.

DENIAL OF ACCESS
Mills Online, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Millsberry.com site. The sending of an e-mail notice by Mills Online to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mills Online, 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. Mills Online 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 with Mills Online in asserting any available defenses.

MISCELLANEOUS
Mills Online operates and controls the Site from its offices in Minneapolis, Minnesota, in the United States of America and it is intended for use in the United States only. Mills Online makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls.

These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all Materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise) obtained from this Site (or any other web site or source) and by ceasing all use of this Site. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Mills Online if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement, and cease all use of the Site.

This Agreement contains the entire understanding of you and Mills Online, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified except by a writing signed by you and an authorized signatory for Mills Online. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with, the internal laws of the State of Minnesota applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Hennepin, in the State of Minnesota. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

CONTACT INFORMATION
You may send your comments and questions to us using this form or by writing to us at: Mills Online Consumer Services, P.O. Box 9452, Minneapolis, MN 55440.