Terms - Jikoni

JIKONI LLC

WEBSITE TERMS AND CONDITION OF USE RELATING TO JIKONI

JIKONI LLC (“JIKONI”) welcomes you to our website. We provide you access to our services through our website located at www.jikoni.co (the “Website”) subject to these Terms and Condition of Use, which may be updated by us from time to time without notice to you. By browsing the public areas, or by accessing and using the Platform, you acknowledge (i) of legal drinking age in your country of residence and (ii) that you have read, understood, and agree to be legally bound by the terms and conditions of these documents and the terms. If you do not agree to any of these terms, then you are not permitted to use the Platform.

USE OF OUR PLATFORM

We provide Registered Users and Non-Registered Users with access to the Platform as described below.

Registered Users. Registered Users, in addition to being able to access the public platform, can:(i) access non-public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Platform; (iii) post comments and other content on the Platform and/or interact with other Registered Users of the Platform (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”; (iv) sign up for our various programs; and (v) become part of the Jikoni community. Jikoni is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Jikoni may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Non-Registered Users. as the term implies, are people who do not register with us, but want to explore the Platform. No login is required. Users can: (i) view all content and access all publicly-available features and functionality on the Platform; (ii) purchase Products (as defined below); (iii) subscribe to Jikoni LLC communications, alerts and other notifications; and (iv)e-mail us or other social media.

CONDUCT

By accessing and/or using the Platform, you agree to comply with the following guidelines (the “Guidelines”):

You will not upload, post, e-mail, transmit, or otherwise make available any Content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or constitutes promotion or advertising of any third-party website, product or service leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the site using the site for any illegal purpose gaining unauthorized access to the company’s data or the data of other users altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking the company’s intellectual property altering or modifying another website to falsely imply that it is associated with the company’s website, using or exporting the company’s information, products, or services in violation of U.S. export laws and regulations violating anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user’s jurisdiction using the website or the company’s services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct breaching, or attempting to breach, the website’s security systems enabling third parties to violate the Terms of Use,

We reserve the right, in our sole and absolute discretion, to reject, remove, or deny you access to the Platform, or to any portion of the Platform, without notice.

PASSWORD/USERNAMES

When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier.

CONTENT AND LICENSES

As noted above, the Platform provides Registered Users the ability to post and upload Content. You expressly acknowledge and agree that once you submit your Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT JIKONI, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.

You retain all copyrights and other intellectual property rights in and to your own Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license, but not the obligation, to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Content permitted by the previous sentence and/or to advertise and promote the Platform, Jikoni, and our products and services, which may include off-line print materials, such as cookbooks.

If you submit Content to us, each such submission constitutes a representation and warranty to Jikoni that such Content is your original creation (or that you otherwise have the right to provide the Content), that you have the rights necessary to grant to Jikoni the license to the Type equation here.Content as set forth above, and that it and its use by Jikoni and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

COMMUNICATIONS VIA E-MAILS

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution

INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Jikoni (collectively referred to as the “Content”). The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose is prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Jikoni (the “Jikoni Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Jikoni. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Jikoni Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Jikoni Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each instance.

NO WARRANTIES; LIMITATION OF LIABILITY

THE PLATFORM, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. THE PLATFORM MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We have no control over the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

INDEMNIFICATION /TERMINATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any Registered User Content that you provide, or your misuse of the Content or the Platform. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such we reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability matters. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

COMPLIANCE WITH APPLICABLE LAWS/COPYRIGHT ACT

The Platform is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Platform, the Content, or the Products from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Jikoni respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms of Use, the Website, the Content, or the Platform (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in California, may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Los Angeles, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief. Further,

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

MISCELLANEOUS

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law’s provisions. The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Content and Licenses,” “Communications Via E-mail,” “No Warranties; Limitation of Liability,” “Indemnification/Termination of the Agreement,” “Binding Arbitration/Class Action Waiver, and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.