MKJ Communications Inc. Terms of Service
Last updated: June 2020.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING WEBSITE.
The following are the terms and conditions (the “Terms of Service”) of your use of the MKJ Communications Inc. (“MKJ,” “we,” or “us”) website (the “Website”). These Terms of Service form a legal agreement between you and MKJ. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Website.
Use of the Website
You acknowledge that MKJ may establish general practices and limits concerning use of the Website. You agree that MKJ has no responsibility or liability for the deletion or failure to store any data or other content displayed on, maintained or uploaded by the Website (“Content”).
Conditions of Use
You are solely responsible for all information entered or uploaded into the Website by you. You agree to not use the Website to engage in any violation of any law or governmental regulation, any activity that poses or creates a privacy or security risk to any person, or any activity which in the sole judgment of MKJ, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose MKJ or its users to any harm or liability of any type, or interfere with or disrupt the Website.
Third Party Sites
The Website may contain links to independent third-party Web sites or other content of third parties (together “Third Party Contents”). MKJ provides these Third Party Contents and content solely for your convenience, and does not control or endorse any of them. MKJ cannot be responsible for the content, security, or privacy policies of Third Party Contents or content.
Intellectual Property Rights
Content, Software, and Trademarks: You acknowledge and agree that the Content on the Website is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. All right, title, and interest in the Content are and will remain the exclusive property of MKJ, its affiliates, and its licensors. The technology and software underlying the Website are the property of MKJ, our affiliates and our partners (the “Software”). Except as expressly authorized by MKJ, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Website, the Content or the Software, in whole or in part. Any use of the Website, the Content or the Software other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by MKJ.
The MKJ name and logos are trademarks and service marks of MKJ and its affiliates (collectively the “MKJ Trademarks”). Other company, product and service names and logos displayed via the Website may be trademarks or service marks of their respective owners, who may or may not be affiliated with or connected to MKJ. Nothing in these Terms of Service or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MKJ Trademarks, without our prior written permission in each instance. All goodwill generated from the use of MKJ Trademarks will inure to our exclusive benefit.
The Website may contain or be provided with open source software. Each item of open source software is subject to its own applicable license terms. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Copyright Complaints: MKJ respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MKJ of your infringement claim in accordance with the procedure set forth below.
MKJ will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to MKJ’s Copyright Agent at info@MKJcomm.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
MKJ Communications Inc.
Attn: Copyright Agent
850 Third Ave, Suite 407
Brooklyn, NY 11232
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation.
Indemnity and Release
You hereby agree to release, indemnify, and hold MKJ and its affiliates and their officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Website, your violation of these Terms of Service or your violation of any rights of another.
Liability of MKJ
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MKJ AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MKJ AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE CONTENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MKJ NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF MKJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA OR INFORMATION OBTAINED THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MKJ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION RELATED TO THE WEBSITE EXCEED FIVE HUNDRED DOLLARS ($500).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Any claims arising in connection with your use of the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
You agree that MKJ, in its sole discretion, may suspend or terminate your use of the Website and remove and discard any Content within the Website, including, without limitation, if MKJ believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any such suspension or termination may be effected without prior notice, and that MKJ will not be liable to you or any third party for any such action.
These Terms of Service constitute the entire agreement between you and MKJ and govern your use of the Website, superseding any prior agreements between you and MKJ with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MKJ agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Brooklyn, NY. You agree that, by entering into these Terms of Service, you and MKJ are each waiving the right to a trial by jury or to participate in a class action. The failure of MKJ to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of MKJ, but MKJ may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us at info@MKJcomm.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service.