Terms of Use
(Revised July 2006)
These TOU govern your use of the www.jkisoft.com
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
Registration
Data and Related Obligations
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.
For additional information on how we
use your information,
please see our Privacy
Policy.
Use of
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
legal@jameskring.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 jkisoft.com/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.
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.
User
Content
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.
Non-Confidentiality of User Content
Unless otherwise indicated
in this Site, including our Privacy
Policy, any User Content communications or material of any
kind that you
e-mail, post, or transmit through the Site (excluding personally
identifiable
information of Users), including, questions, comments, suggestions, and
other
data and information (your "Communications") will be treated as
non-confidential and non-proprietary. You grant JKI a non-exclusive,
royalty-free, perpetual, world-wide, irrevocable license to reproduce,
transmit, display, disclose, and otherwise use your Communications on
the Site
or elsewhere for any purpose, including, but not limited to, the
development
and use of programs and services based on the Communications.
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
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
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.
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
James Kring, Inc.
Fax: (415) 366-3299
copyrightagent@jameskring.com
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.
Termination
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.
General
By
accessing the
JKI Site, you agree to the above stated TOU. This Agreement is entered
into in