Terms and Conditions

JAEKAI.com TERMS OF SERVICE

Effective Date: March 1, 2008

  1. Acceptance of Terms of Service. Jaekai Holdings LLC and its subsidiaries and affiliates (collectively, "Jaekai") operate a network of websites and services ("Jaekai.com"). These Terms of Service set forth the terms and conditions that apply to your use of Jaekai.com. From time to time, Jaekai may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, or events ("Additional Terms"), which Additional Terms may be placed on Jaekai.com to be viewed in connection with the specific content, services, products, digital products, or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING JAEKAI.COM, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH JAEKAI. If you do not agree to be bound by these Terms of Service, please discontinue your use of Jaekai.com. Jaekai.com is provided free of charge to you (unless otherwise indicated).

    Although portions of Jaekai.com may be viewed simply by visiting the web site, in order to publish an event, post a business deal and/or receive additional services from Jaekai you need to sign on as a publisher or register as a Publisher within Jaekai.com. Registering as a publisher will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Jaekai.com, including but not limited to content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

  2. Registration Information/Privacy Policy. When you register for Jaekai.com, you will be required to provide Jaekai with the following information: your name, e- mail address and password. In addition, you have the option of providing your company name and job title. Any information provided by you or gathered by Jaekai or third parties during any visit to Jaekai.com shall be subject to the terms of Jaekai's Privacy Policy, which are incorporated herein by reference. Jaekai reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

    Jaekai reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products or events, and (ii) remove your postings, if Jaekai determines that you have provided Jaekai with false or misleading registration information.

  3. Termination. Jaekai reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access Jaekai.com and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Jaekai, including any personal web site, upon your breach of these Terms of Service or otherwise.

  4. Modifications of these Terms of Service. Jaekai may modify the Terms of Service from time to time in its sole discretion. Each time you use Jaekai.com, you will be deemed to have accepted any such changes. Jaekai shall have no obligation to notify you of any such changes other then posting such modifications on Jaekai.com, but Jaekai reserves the right (at Jaekai’s discretion) to provide you notice of such changes to any e-mail address you have provided to Jaekai, or post office address you have provided to Jaekai.

  5. Modifications of Jaekai.com. Jaekai may modify or discontinue Jaekai.com, any portion thereof, or any services, tools, digital products, products, or events related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

  6. Use of Jaekai.com

    (a) Content of Messages
    You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on Jaekai.com, including, but not limited to, any message board, blog, any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of Jaekai.com that is accessible to the general public nor provide such personally identifying information to people you do not know. Jaekai assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be exposed to by other users of Jaekai.com.

    You further agree that you will not use Jaekai.com to send e-mails or instant messages or post on message boards, blogs, profiles, comments or any place on Jaekai.com, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Jaekai in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Jaekai.com. Jaekai reserves the right to delete any such material from Jaekai.com. Jaekai will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section “Use of Jaekai.com”.

    You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Jaekai. You further agree not to use an inappropriate member name of any kind. You agree not to post or use Jaekai.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You acknowledge that (i) content on Jaekai.com is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Jaekai.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Jaekai may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

    By submitting content, which shall include your member name, to any "public area" of Jaekai.com, including message boards, blogs, forums, contests, public profiles, comments or chat rooms, you grant Jaekai a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on Jaekai.com retains any and all Rights that may exist in such content.

    Jaekai is not obligated to review content posted by users prior to the content's posting to any area of Jaekai.com, including any private profile. Content posted by any user to Jaekai.com does not reflect the opinions or views of Jaekai, its parent, subsidiaries or affiliates. Jaekai makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Jaekai members through any Jaekai service. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON JAEKAI.COM, YOU HEREBY EXPRESSLY PERMIT JAEKAI TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY JAEKAI'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

    (b) Non Commercial Use
    Jaekai.com, its products, services, digital products, events, social networking tools (as more fully described below) and any other element of Jaekai.com are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Jaekai in writing. Illegal and/or unauthorized use of Jaekai.com, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Jaekai.com is prohibited. In furtherance thereof, you agree that you will not use Jaekai.com for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Any such use shall be deemed to be a violation of these Terms of Service.

    (c) Jaekai Social Networking
    The Jaekai Social Networking service offered via ning.com allows members to create unique personal profiles, communicate and share materials with other Jaekai members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to these Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users. You may never use another's account without permission.

  7. Member Disputes. You are solely responsible for any interaction with other members or visitors of Jaekai.com. Jaekai reserves the right but shall have no obligation to monitor disputes between you and any other member of Jaekai.com.

  8. Third Party Services. You may order services or merchandise through Jaekai.com from other persons not affiliated with Jaekai ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Jaekai makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Jaekai nor will Jaekai be construed as a party to such transactions, whether or not Jaekai may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. WHEN YOU ACCESS ANY OF THESE THIRD PARTY SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE THIRD PARTY SERVICES.

  9. Registration and Password. You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account information, whether or not authorized by you. You agree to immediately notify Jaekai of any unauthorized use of your registration or password.

  10. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Jaekai.com infringe your copyright, you (or your agent) may send customercare@jaekai.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Jaekai to locate the material on Jaekai.com; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Jaekai a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

  11. Disclaimer of Warranties. You expressly agree that use of jaekai.com, including but not limited to all content, services, digital products, courses, events, tools and products purchased through jaekai.com, is at your sole risk. Jaekai.com is provided as an "as is" and "as available" basis. Jaekai expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non- infringement.

    JAEKAI MAKES NO WARRANTY THAT JAEKAI.COM WILL MEET YOUR REQUIREMENTS, OR THAT JAEKAI.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JAEKAI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF JAEKAI.COM. JAEKAI WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF JAEKAI.COM.

    You understand and agree that any material and/or data downloaded or otherwise obtained through the use of jaekai.com 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.

    You understand and agree that Jaekai does not guarantee the accuracy, completeness or usefulness for a particular purpose of any information provided in connection with jaekai.com. Jaekai is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither Jaekai nor its members, while such members are participating in Jaekai.com, are engaged in rendering legal, medical, counseling or other professional services or advice. Jaekai encourages you to seek appropriate professional advice or care for any situation or problem which you may have or may arise.

    Jaekai shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in Jaekai.com, its digital products or services. Your participation in Jaekai.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from Jaekai or through Jaekai.com, its employees, consultants and/or experts shall create any warranty not expressly made herein.

    Jaekai makes no warranty regarding any goods, services, digital products, events, content, tools or products purchased or obtained through jaekai.com or any transactions entered into through Jaekai.com.

    Jaekai is not responsible for any content on the internet or World Wide Web pages that is contained outside Jaekai.com. As a convenience to our members, we may we make no representations as to the quality, suitability, functionality or legality of any sites to which Jaekai may provide links, and you hereby waive any claim you might have against Jaekai with respect to such sites.

  12. Limitation of Liability. Jaekai shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use jaekai.com or for the cost of procurement of substitute goods and services or resulting from any goods, services, digital products, events, and/or content purchased or obtained or messages received or transactions entered into through Jaekai.com or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if Jaekai has been advised of the possibility of such damages.

  13. Promotional Messages/Newsletters. Jaekai and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Jaekai makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Jaekai nor such third party shall have any liability with respect thereto.

  14. Indemnification. You agree to indemnify and hold each of Jaekai, its parent company, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Jaekai.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

  15. Applicable Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or entering Jaekai.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California.

  16. Remedies for Breach of these Terms by You. In the event that Jaekai determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Jaekai.com, Jaekai reserves the right to (i) delete any or all content provided by you or your agent(s) to Jaekai.com; (ii) discontinue your registration(s) with Jaekai.com and/or any other Jaekai community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Jaekai.com; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Jaekai deems to be appropriate. If your registration(s) with or ability to access Jaekai.com, any other Jaekai community and/or any other service, product, content, course, event, tool or digital product provided to you by Jaekai is discontinued by Jaekai due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Jaekai.com, then you agree that you shall not attempt to re-register with or access Jaekai.com, any other Jaekai community and/or any other digital product, course content or service provided by Jaekai, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Jaekai reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.

  17. Miscellaneous. In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

    The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

    Jaekai may assign its rights and obligations under these Terms of Service and upon such assignment Jaekai may be relieved of any further obligation hereunder. You represent to Jaekai that you have the authority to register with or visit Jaekai.com according to these Terms of Service. Jaekai does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit Jaekai.com.

    Jaekai reserves the right to terminate free access to Jaekai.com including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Jaekai reserves the right (at Jaekai's discretion) to provide you with notice of such change by prominently posting a notice on Jaekai.com and/or sending written notice to you at any e-mail and/or post office address you have provided to Jaekai.

    These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Jaekai, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.