In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current email addresses that belong to you and (b) maintain and promptly update your email address on the account to keep it true, accurate, and current.

If you provide an email address that does not belong to you, or JKN has reasonable grounds to suspect that such email address does not belong to you, JKN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. MINORS

JKN is not intended for the use of children under 13 ("minors"). However, as with any website, minors can access all parts of the site which are available to the general public. If minors wish to use JKN services, they must obtain parental consent first.

5. DISCLOSURE OF REGISTRATION AND OTHER INFORMATION

JKN will not disclose personally identifiable information about you or your private Annotations to third parties, without your permission, unless JKN believes such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend the rights or property of JKN or others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement.

6. JKN PRIVACY POLICY

Registration information and certain other information about you is subject to our Privacy Policy. For more information, view our full privacy policy at JKN's Privacy Policy

7. MEMBER CONDUCT

You understand that all information, web pages, comments, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not JKN, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. JKN does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will JKN be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

(i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harms minors in any way;

(ii) impersonate any person or entity, including, but not limited to, a JKN official, host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(iii) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iv) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(v) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising such as "junk mail," "spam," "chain letters," or "pyramid schemes";

(vi) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or reverse engineer;

(vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(viii) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

You acknowledge that JKN is not responsible to pre-screen Content but that JKN and its designees can pre-screen Content and refuse or remove any Content at their sole discretion. Without limiting the foregoing, JKN and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content hosted or created by JKN.

You acknowledge, consent and agree that JKN may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of JKN, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You further agree:

(a) that you will not disrupt or interfere with another user's use or enjoyment of JKN's Service;

(b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, JKN's Service, system resources or accounts, or any servers or networks connected to the Service;

(c) that you will not attempt to obtain unauthorized access to JKN's Service,

(d) that you are solely responsible for your actions in relation to JKN's Service, and for any communications transmitted under your account.

(e) that you will not forge header or address information or otherwise impersonate another or create a false identity;

(f) that you further agree to appoint jkn.com as your delivery agent for the purposes of transmission your email through jkn.com.

(g) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site;

(h) that you will not disrupt the normal operation or, alter or deface inserted advertisements;

(i) that you will not use any means to artificially increase the number of impressions or click-throughs for Content hosted on jkn.com;

(j) that you will not use Content hosted on jkn.com for spamming purposes (please read our No-Spam Policy);

(k) that laws concerning spam, commercial advertisement, and pornography apply to you and not jkn.com.

(l) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,

(m) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.

You agree that JKN may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.

8. SPECIAL STRICTURES FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

JKN does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content that you retain ownership rights on, you grant JKN an applicable world-wide, transferable, royalty-free and non-exclusive perpetual license to display the Content in any medium.

10. COMPLIANCE WITH COPYRIGHT LAW

As a necessary component of allowing comments to be added to a web page, a copy is made of the web page and stored on JKN's server on your behalf.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of web pages that may safely be copied without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Therefore, you understand and agree that you alone are responsible to ensure that Annotations that you create when using JKN complies with U.S. copyright law found in sections 107 through 118 of the Copyright Act (title 17, U. S. Code) as well as applicable International copyright law.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

JKN respects the intellectual property of others, and we ask our users to do the same. JKN may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide JKN's designated Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

(d) 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;

(e) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

JKN's designated Agent to receive notifications of claimed infringement is: W. Stranges, 81 Sturges Street, Staten Island, NY 10314, telephone: 877-335-8768.

For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this, your DMCA notice may not be valid.

12. CONTENT RESPOSIBILITY

That you agree that you own and are responsible for your own Content but jkn has the right to publish it on the Internet.

1. All Content posted to JKN is the responsibility the user. Users posting material not suitable for all audiences agree that they are fully responsible for all the Content they have posted on the Service.
2. JKN claims no ownership or control over any Content posted by its users. The user posting any Content represents that it has all rights necessary to post such Content.

13. PUBLIC/PRIVATE ANNOTATIONS

A User may designate the visibility of Annotations at the time of creation or from within the Website. The types of visibility are:

Annotations only visible to you ("Private")

Annotations visible by any user on the Internet ("Public")

Annotations are public by default.

Users may also send emails with a link back to the Annotation on the JKN Website. Only Annotations designated as 'Public' can be seen by any user other than the user that created the content. Public Annotations will be viewable by any person receiving a link to the Annotation, or persons viewing the Annotations on a third-party website via the link to the Annotation provided by JKN. Furthermore, although the Annotation link contain a random number to discourage viewing Annotations without a direct link, it is possible for users to guess the Annotation number and consequently view public Annotations without a direct link.

14. INDEMNITY

You agree to indemnify and hold JKN, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

15. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your jkn id), use of the Service, or access to the Service.

16. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that JKN may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum number of Content that you are allotted, the maximum disk space that will be allotted on JKN's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that JKN has no responsibility or liability for the deletion or failure to store any Content and communications. You acknowledge that JKN reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that JKN reserves the right to modify these general practices and limits from time to time.

17. SERVICE AVAILABILITY, MODIFICATIONS TO SERVICE AND CUSTOMER SERVICE

Although JKN strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that the Service will always be available, and you agree JKN is not liable to you or any third party for the temporary or permanent unavailability of the Service. The Service is free, although JKN reserves the right to charge for it in the future.

JKN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JKN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

18. TERMINATION

You agree that JKN may, under certain circumstances and without prior notice, immediately terminate your JKN account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.

Termination of your JKN account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in JKN's sole discretion and that JKN shall not be liable to you or any third-party for any termination of your account or access to the Service.

The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification.

Termination will prevent you from using JKN's Service. Termination may result in the deletion of Content in your account. You agree that upon termination JKN has the right but not the obligation to delete and bar access to any Content in your account.

19. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that JKN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

20. LINKS

The Service and third parties provide links to other World Wide Web sites or resources. Because JKN has no control over such sites and resources, you acknowledge and agree that JKN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JKN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

21. JKN'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by JKN or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

JKN grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by JKN for use in accessing the Service.

22. DISCLAIMER OF WARRANTIES

JKN disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on JKN site or in its SERVICES. JKN disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any Content. JKN disclaims any responsibility for any harm resulting from downloading or accessing any information or material on JKN or from using the service.

JKN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JKN DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SERVICES.

JKN DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH SERVICES. JKN DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS OR SERVICES ADVERTISED ON JKN OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE JKN, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON JKN.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

23. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL JKN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE JKN SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JKN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JKN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

24. EXCLUSIONS AND LIMITATIONS

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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

25. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

26. NOTICE

JKN may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.

27. TRADEMARK INFORMATION

The JKN, JKN logo, other JKN logos and product and service names are trademarks of JKN Inc. (the "JKN Marks"). Without JKN's prior permission, you agree not to display or use in any manner, the JKN Marks.