Acceptance of Terms
These TOU govern your use of the jki.net web site provided by James Kring, Inc. (''JKI'') including without limitation use of all services, content, data, images, information and other materials posted on or available through these sites (collectively, the ''Site''). Note that certain areas of the Site and use of data, content, or services made available through the Site or otherwise are subject to additional terms and conditions. If you download our Software or participate in other activities that are subject to additional terms, such as the group email lists or other collaborative communication forums, you also agree to honor the terms relating to those specific activities.
Changes in TOU
JKI may modify or update these TOU at any time without notice to you. By your continued use of the Site, you indicate that you agree to be bound by the TOU then currently in effect. You can review the most current version of the TOU at any time at jki.net/legal.
Registration Data and Related Obligations Section
In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself when registering as a User and in any other communications or materials relating to your identification and authorization as a User (such information being ''Your Data''), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if JKI has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, JKI has the right to suspend or terminate your account and deny you any and all current or future use of the Site, or any portion thereof.
You may have received a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify JKI of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. JKI cannot and will not be responsible for any loss or damage arising from your failure to comply with this provision.
You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Site; and (iii) the consequences of any misuse. In the event that you are a minor, JKI reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.
Use of Software
Use of all JKI and third party software that you download from or via the Site (the ''Software'') is subject to the terms of the applicable software license agreement relating to such Software.
The license agreement governing the use of the Software will accompany the Software or be provided when you download or otherwise access the Software. If you are unsure as to the applicable Software license agreement, please contact JKI at email@example.com. You may not use Software unless and until you have read and accepted the terms of the applicable Software license agreement. If you have downloaded or do download any JKI Software, you by doing so agree or have agreed to the terms of the JKI Software License Agreement governing the use of the particular JKI Product you are using, the current form of which is viewable at jki.net/legal. In the event of a conflict between these TOU and the JKI Software License Agreement, the terms and conditions of the JKI Software License Agreement will govern.
For purposes of these TOU, ''Content'' means all communications, publications, information, material, text, graphics, links, electronic art, animations, audio, video, photos, and other data that appears on, or is e-mailed, posted, or transmitted on or through the Site. ''Content'', unless indicated otherwise in these TOU, does not include ''Software'' for purposes of these TOU.
You acknowledge that the JKI Site, and Content provided by JKI or its third-party providers (collectively, the ''JKI Content'') are the property of JKI and/or such third parties. Except as expressly authorized by JKI or such third parties in this TOU or as may be posted on the Site, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect, or in any manner commercially exploit any part of the JKI Content, in whole or in part. You may not store any significant portion of any JKI Content, whether archival files, computer-readable files, or any other medium. You also may not ''mirror'' any JKI Content or the Site on any other server, except with the prior written consent of JKI, Inc.
You may download and print a reasonable number of copies of JKI Content for your noncommercial, personal use only; provided that (i) any permitted copies of JKI Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the JKI Content and an original source attribution to JKI or the other copyright holder, and (ii) no modifications of any of the JKI Content are made except as may be expressly provided by JKI. You acknowledge that JKI and/or its third-party providers remain the owners of the JKI Content and that you do not acquire any intellectual property rights in such Content by downloading or printing such Content.
Any rights to or in the JKI Content that are not expressly granted by these Terms and Conditions or any other agreement with JKI are reserved by JKI and/or its vendors and licensors.
You will not upload, post or otherwise make available on any JKI Site any material protected by copyright, trademark, or other proprietary right, (i) unless you are the owner of the copyright, trademark or other proprietary right, or (ii) without the express written permission of the owner of the copyright, trademark, or other proprietary right (you or such other owner being the ''Copyright Holder''). The burden of determining that any material is or is not protected by such a proprietary right and for complying with applicable copyright and other laws protecting the rights of the Copyright Holder rests with you. You acknowledge that the Content provided by any User (the ''User Content'') is and remains the property of the respective Copyright Holder and that you do not acquire any intellectual property rights in such Content by accessing, downloading or printing such Content. Except as expressly authorized by the Copyright Holder, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect, or in any manner commercially exploit any part of the User Content, in whole or in part. You also may not ''mirror'' any User Content on any other server.
By uploading or otherwise making available any User Content on the JKI Site, you automatically grant a license, and/or warrant that the Copyright Holder has granted JKI the perpetual royalty-free, non-exclusive right and license, to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content on and through the Site.
You will be solely liable for any loss or damages resulting from your violation of these TOU, including for any alleged or actual infringement of copyright, other proprietary right, or any other illegal act or harm relating to any User Content.
Non-Confidentiality of User Content
Deletion of User Content
You expressly acknowledge and agree that JKI may delete all User Content at any time in its sole discretion, and that no copies of such User Content will be accessible, viewable or downloadable by you or any other User following such deletion. Accordingly, you must retain a copy of any User Content uploaded by you if you want to access or use such User Content in the future. JKI shall not be required to provide any notice of any such deletion, nor liable for any failure to do so, nor liable in connection with any deletion of User Content.
No Obligation to Monitor; Right to Remove and Disclose User Content
JKI has the right, but is not obligated, to monitor or review any areas of the Site where User Content is made available. JKI reserves the right to move, hide or remove any User Content for any reason or no reason, including any User Content which it considers in its absolute discretion to be objectionable, offensive, illegal or otherwise in breach of these TOU. To the fullest extent permitted by applicable law, JKI will have no liability or responsibility for or related to User Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise, nor for any claims, damages, or losses resulting from its use, appearance on, deletion from, or other removal from any Site.
You agree and acknowledge that JKI may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond to claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of JKI, its licensees, its distributors, its users and the public.
You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without JKI's express written consent.
JKI and other names of JKI products and/or services Site referred to on the Site are the trademarks and service marks of JKI. JKI's trademarks and service marks may not be used in connection with any program or service that is not JKI's, in any manner that is likely to cause confusion among Users or the general public, nor in any manner that disparages or discredits JKI. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. JKI does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of JKI, any Copyright Holder. or any other person or entity by virtue of your use of the Site.
You may only access the JKI websites and channels and use the Site for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site. You agree that you will not on, through, or by using the Site: (i) commit a criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Site; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, ''junk mail,'' ''spam,'' ''chain letters,'' or ''pyramid schemes''; (ix) intentionally introduce a virus or other harmful component, or otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (x) collect or store personal data about other Users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the JKI Site, use of the JKI Site, or access to the JKI Site without JKI’s permission; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiv) collect or store personal information about other Users without their permission.
JKI reserves the right to immediately delete any User Content for any reason or no reason, including suspending or terminating your access to the Site in the event of any violation of these TOU.
Some links on the JKI Site lead to, or originate from, sites hosted by independent third parties. Such links to or from the Site do not constitute any endorsement or recommendation by JKI of any third party or its Web site, products, resources or other information. An external hyperlink to a site does not imply that JKI is affiliated or has any other legal or other connection with the third party, nor that JKI sponsors, or endorses any content on, the third party's Web site. JKI is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that JKI shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Local Laws; Export Control
JKI controls and operates the JKI Site from its headquarters in California, United States and makes no representation that any JKI, User, or other Content is appropriate or available for use in other locations. If you use the JKI Site from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the JKI Site are solely directed to individuals and other entities located in California, United States.
Disclaimer of Warranty
JKI IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT POSTED BY USERS OR ANY THIRD PARTY AND CONTAINED WITHIN THE SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE OR AUDIENCE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USER OR OTHER THIRD PARTY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE JKI WEBSITE IS AT YOUR OWN RISK. NEITHER JKI, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, DISTRIBUTORS, OR AGENTS WARRANT THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SITE.
THE JKI SITE IS PROVIDED ON AN ''AS IS,'' ''AS AVAILABLE'' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL JKI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSEES, DISTRIBUTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF JKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE JKI SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO JKI'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES JKI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold JKI, and its affiliates, officers, licensees, distributors, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of (i) any Content, including User Content, you submit, post to, email, or otherwise transmit through the Site, (ii) your use of the Site, or (iii) your breach of the TOU. You agree to cooperate as reasonably required in the defense of any claim.
Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, JKI has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the JKI Site. All inquiries into alleged copyright infringement on the JKI Site should be sent to JKI’s Designated Agent:
James Kring, Inc.
1798 Great Hwy, #3
San Francisco, CA 94122
Fax: (415) 366-3299
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide JKI's Designated Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may discontinue your participation in and access to the Site at any time. The TOU will continue to apply to all past use of the Site by you, even if you are no longer using it. You acknowledge and agree that JKI and its affiliates may terminate or block your use of all or part of the Site, without prior notice for any reason, including, without limitation, if JKI believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, JKI may delete all information related to you on the Site and may bar your access to the JKI Site and use of the Site.
By accessing the JKI Site, you agree to the above stated TOU. This Agreement is entered into in San Francisco County, State of California, exclusive of its choice of law rules. Each User, by accessing the Site, submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in San Francisco County, California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and reasonable attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. Please report any violations of the TOU to firstname.lastname@example.org.
JKI always welcomes suggestions and comments regarding our Site. Any comments or suggestions submitted to JKI, either online or offline, will become JKI’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by JKI might seem to others to be similar to their own submissions or comments.