Legal
Terms of Service
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
Jaeson
K. Jrakman (Jaeson K. Jrakman, “he”, “his”, “him”) provides this
site and site-related services (collectively, the "Site") subject to
your compliance with the terms and conditions set forth in this agreement (the
"Agreement"). By using the Site, you agree to be bound by these terms
and conditions.
If
you do not agree to these terms and conditions, please do not use the Site.
This
Agreement is made between Jaeson K. Jrakman and you, as a Site visitor, and/or
member ("you"). He reserves the right at any time to:
·
Change the
terms of this Agreement;
·
Change the
Site, including eliminating or discontinuing any content on or feature of the
Site; or
·
Change any fees
or charges for use of the Site.
Any
changes he makes will be effective immediately on notice, which he may give by
posting on the Site or via electronic mail. Your use of the Site after such
notice will be deemed acceptance of such changes. Be sure to review this
Agreement periodically to ensure familiarity with the most current version.
(1)
CODE OF CONDUCT.
While using the Site and/or Software (as defined below), you agree not to:
·
Restrict or
inhibit any other visitor or member from using the Site;
·
Transmit any
content or information that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable, or infringes on his or
any third party's intellectual property or other rights;
·
Transmit any
information or software that contains a virus, worm, time bomb, Trojan horse, or
other harmful or disruptive component;
·
Use the Site or
Software for any unlawful purpose;
·
Modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site or Software;
·
Harvest or
collect information about other Site visitors or members without their express
written consent; or
·
Use any robot,
spider, site search/retrieval application, or other manual or automatic device
or process to retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the Site or its
contents.
While
using the Site and/or Software, you agree to comply with all applicable laws,
rules and regulations. He has no obligation to monitor the Site or any materials
that you transmit to the Site. However, you acknowledge and agree that he has
the right to monitor the Site and the materials you transmit, and to disclose
any information to any third party in order to operate the Site properly; to
protect Jaeson K. Jrakman, the Site, our sponsors and our members and visitors;
and to comply with any legal obligations or governmental requests. Upon his
request, you agree to sign a non-electronic version of this Agreement.
(2)
SUBMISSIONS.
Material you send to him or post anywhere on the
Site, including without limitation, "fan fiction," text, artwork,
graphics, photos, music, audio files of any kind, video files of any kind,
photos or video of material of any kind, or software may be used by Jaeson K.
Jrakman or his associates throughout the world in perpetuity for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast, posting and sublicensing, and may be modified to enable
any such use. Furthermore, you acknowledge that Jaeson K. Jrakman is free to use
any ideas, concepts, know-how, or techniques contained in any communication that
you send to or post on the Site for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products using such
information. As a general rule, he asks that you do not post any "fan
fiction" or post, send or bring to his attention any other creative
materials of any kind, such as stories or character ideas, screenplays, or
original artwork, unless you agree to his use thereof as described above. We
hope you will understand that it is the intent of this policy to avoid the
possibility of future misunderstandings when projects developed independently
Jaeson K. Jrakman might seem to others to be similar to their own creative work.
If, despite his request that you
not send him any creative materials, you send him creative suggestions, ideas,
notes, drawings, concepts or other information (collectively, the
"Information"), the Information shall be deemed, and shall remain, his
property. None of the Information shall be subject to any obligation, whether of
confidentiality, attribution, or otherwise, on his part and he shall not be
liable for any use or disclosure of any Information. Without limitation of the
foregoing, by sending him Information you grant him a worldwide, non-exclusive,
sub-licensable (through multiple tiers), assignable, royalty-free, perpetual,
irrevocable right to use, reproduce, distribute (through multiple tiers), create
derivative works of, publicly perform, publicly display, digitally perform,
make, have made, sell, offer for sale and import such Information in any media
now known or hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Information. ]
(3)
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS.
The
Site is owned and operated by him in conjunction with others pursuant to
contractual arrangements. You may not copy, reproduce, republish, upload, post,
transmit or distribute materials from the Site in any way, without our prior
written permission, except you may download one copy of such material on any
single computer for your personal, non-commercial home use only, provided you
keep intact, without change, with all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose is a
violation of his copyright and other proprietary rights, and is strictly
prohibited. You acknowledge that you do not acquire any ownership rights by
using the Site.
If you download software from
the Site, such software, including any files, images incorporated in or
generated by the software, and data accompanying the software (collectively, the
"Software") are licensed on a limited basis to you by him or the owner
of such Software. Title to the Software is not transferred to you. You own the
medium on which the Software is recorded, but he retains all right, title, and
interest in and to the Software, and all intellectual property rights therein.
You may not re-sell, decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human-perceivable form, or transfer the Software to any
third party.
jaesonjrakman.com and Jaeson K.
Jrakman; all associated logos and domain names, are trademarks, logos, service
marks, and/or domain names of Jaeson K. Jrakman. Other trademarks, service
marks, logos, and/or domain names used on the Site are the trademarks, service
marks, logos, and/or domain names of their respective owners.
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 he hosts
infringe your copyright, you (or your agent) may send him a notification
requesting that the material be removed, or access to it blocked. To be
effective, the notification must include the following:
1.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
2.
Identification of the copyrighted work claimed to have been infringed, or
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
3.
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit the service
provider to locate the material.
4.
Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party may be
contacted.
5.
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.
If
you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send him a counter-notice.
Notices and counter-notices must meet statutory requirements imposed by the DMCA.
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.
One place to find more
information is the U.S. Copyright Office web site, currently located at
http://www.loc.gov/copyright/.
Notices and counter-notices for the Site should be sent to the site
administrator at jjrakman@yahoo.com.
He suggests that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be penalties for false claims.
(4)
RULES FOR SWEEPSTAKES, CONTESTS, GAMES.
The sweepstakes, contests, and games that are
accessible through the Site are governed by specific rules. By entering such
sweepstakes or contests or participating in such games you will become subject
to those rules. He urges you to read the applicable rules, which are linked from
the particular activity, and to review his Privacy Policy, which discusses and
governs (in addition to this Agreement) any information you submit in connection
with such sweepstakes, contests, and games.
(5)
JURISDICTIONAL ISSUES.
Unless otherwise specified, the materials in the
Site are presented [solely for the purpose of promoting programs, videos, books,
CD-ROM’s, art work, products and services available in, and other uses in, the
United States, its territories, possessions and protectorates.] He controls and
operates the Site from within the State of Wisconsin, United States of America.
He makes no representation that materials in the Site are appropriate or
available for use in other locations. Those who choose to access the Site from
other locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. The Software is
further subject to United States export controls. No Software may be downloaded
or otherwise exported or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
He reserves the right to limit
the availability of the Site and/or the provision of any service, program, film,
or other product described thereon to any person, geographic area, or
jurisdiction, at any time and in his sole discretion, and to limit the
quantities of any such service, program, film, or other product that we provide.
(6)
TERMINATION.
This agreement is effective until terminated by
either party. You may terminate this agreement at any time by notifying us and
ceasing all use of any of Jaeson K. Jrakman’s sites. This agreement will
terminate immediately without notice from him if, in his sole discretion, you
fail to comply with any term or provision of this agreement. Upon termination,
you may not make any further use of any of Jaeson K. Jrakman’s sites or any
materials obtained from the sites (unless and until you agree to be bound by the
then-current applicable Terms of Service).
(7)
DISCLAIMERS.
The materials on the site, any product or service
obtained through the site, and the software are provided "as is" and
without warranties of any kind, either expressed or implied. To the fullest
extent permissible pursuant to applicable law, Jaeson K. Jrakman and his
associates, suppliers, and agents disclaim all warranties, expressed or implied,
including, but not limited to, implied warranties of title, non-infringement,
merchantability, and fitness for a particular purpose. Applicable law may not
allow the exclusion of implied warranties, so the above exclusions may not apply
to you.
Jaeson K. Jrakman and his
associates, suppliers, and agents do not warrant that your use of the site or
the software will be uninterrupted, error-free, or secure, that defects will be
corrected, or that the site (or the server that makes it available) or software
are free of viruses or other harmful components. You acknowledge that you are
responsible for obtaining and maintaining all telephone, computer hardware and
other equipment needed to access and use the site, and all charges related
thereto. You assume total responsibility and risk for your use of the site and
the software and your reliance thereon. No opinion, advice, or statement of
Jaeson K. Jrakman or his associates, suppliers, or agents, whether made on the
site, in the software, or otherwise, shall create any warranty.
There may be a number of places
on the Site where members of the public can post comments or contribute content.
He neither endorses nor is responsible for any opinion, advice, information, or
statement made or displayed on the Site by third parties. Under no circumstances
will Jaeson K. Jrakman, his associates, suppliers, or agents be liable for any
loss or damage caused by these statements or your reliance on such information
obtained through the Site.
A possibility exists that the
Site could include inaccuracies or errors. Additionally, a possibility exists
that unauthorized alterations could be made by third parties to the Site.
Although he attempts to ensure the integrity of the Site, he makes no guarantees
as to the Site's completeness or correctness. In the event that such an
inaccuracy arises, please inform him at jjrakman@yahoo.com
, so that he can try to correct it.
The Web site contains links to
the third-party sites, which are not under the control of Jaeson K. Jrakman, and
Jaeson K. Jrakman is not responsible for the content on any linked site. If you
access a third-party site from our site, then you do so at your own risk. Jaeson
K. Jrakman provides links as a convenience and the inclusion of the link does
not imply that Jaeson K. Jrakman endorses or accepts any responsibility for the
content on those third-party sites.
(8)
LIMITATION OF LIABILITY.
Neither Jaeson K. Jrakman nor his suppliers,
associates, or agents or sponsors are responsible or liable for any indirect,
incidental, consequential, special, exemplary, punitive or other damages under
any contract, negligence, strict liability or other theory arising out of or
relating in any way to the site and/or content contained on the site, the
software, or any product or service purchased through the site. Your sole remedy
for dissatisfaction with the site, the software, and/or content contained within
the site is to stop using the site and/or software, as applicable. The sole and
exclusive maximum liability to Jaeson K. Jrakman for all damages, losses, and
causes of action (whether in contract, tort (including without limitation
negligence), or otherwise) shall be the total amount paid by you, if any, to
access the site.
(9)
INDEMNIFICATION.
You agree to indemnify, defend and hold him, his
associates, managers, employees, agents and representatives harmless from and
against any and all claims, damages, losses, costs (including reasonable
attorneys' fees), or other expenses that arise directly or indirectly out of or
from (a) your breach of this Agreement, including without limitation, any
violation of the Code of Conduct set forth in Paragraph 1 of Section 1; (b) any
allegation that any materials that you submit to us or transmit to the Site
infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of, or defame, any third party; and/or (c)
your activities in connection with the Site.
(10)
MISCELLANEOUS.
This Agreement is governed by and construed in
accordance with the laws of the State of Wisconsin, United States of America,
without regards to its principles of conflicts of law. You agree to personal
jurisdiction by the federal and state courts located in the County of Milwaukee,
located in Milwaukee City, Wisconsin, United States of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. If any
provision of this Agreement is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire Agreement between you and Jaeson K. Jrakman
relating to the subject matter herein and supersedes and any all prior or
contemporaneous written or oral Agreements between you and Jaeson K. Jrakman.
This Agreement is not assignable, transferable or sub-licensable by you except
with Jaeson K. Jrakman's prior written consent. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption or paragraph title contained
in this Agreement is inserted only as a matter of convenience and in no way
defines or explains any paragraph or provision hereof.
Your
privacy on the Internet is of utmost importance to him. Because he gathers
certain types of information about the users of jaesonjrakman.com, he feels you
should fully understand the terms and conditions surrounding the capture and use
of that information. Because this site wants to demonstrate its commitment to
your privacy, it has agreed to disclose its information practices, and
periodically reviews its practices for compliance to accepted Internet
standards. This privacy statement discloses what information he gathers, how he
uses it, and how to correct or change it.
When
you visit jaesonjrakman.com you can expect to be informed about:
1.
What information jaesonjrakman.com gathers/tracks about you
2.
What jaesonjrakman.com does with the information it gathers/tracks
3.
With whom jaesonjrakman.com shares the information it gathers/tracks
4.
jaesonjrakman.com's deleting policy
5.
jaesonjrakman.com's policy on correcting or updating personally
identifiable information
Questions
regarding this statement should be directed to jaesonjrakman.com's Database
Marketing Coordinator at jjrakman@yahoo.com.
INFORMATION
JAESONJRAKMAN.COM GATHERS/TRACKS
jaesonjrakman.com
gathers data about users from different sources. First, through optional,
voluntary registration; second through optional, voluntary participation in
certain contests and sweepstakes; and third through merchandise purchase
transactions where delivery to home addresses is required. Additionally, users
are aggregated for tracking information derived by tallying page views
throughout our site, tracking cookies, logging IP addresses, and browser type.
Such information enables him to better tailor his content to readers' needs and
to help his advertisers better understand the demographics of his audience.
Because jaesonjrakman.com derives its revenue partly from advertising, providing
such aggregated demographic data is essential to keeping our service free to
users.
jaesonjrakman.com
gathers user information in the following processes:
1.
Cookies
To enhance your experience with his sites, many of his Web pages use
"cookies." Cookies are text files he places in your computer's browser
to store your preferences, and to make using his Web sites more enjoyable. If
you wish, you may set your browser to reject Cookies and still enjoy this site.
Follow the instruction in the help menu of your Web browser. Cookies may be used
to store user information such as user ID or login if you choose, but we will
not collate this with your e-mail address or other personally identifiable
information.
He uses cookies to count the number of unique users who visit his sites and
track general traffic patterns only. Data collected from his cookies will be
used in aggregate form only, and will not be linked to any personally
identifying information that you provide to him.
2.
jaesonjrakman.com
Member Registration w/ Newsletter Option
jaesonjrakman.com offers free, voluntary registration to users. By registering,
users can enter restricted areas of the site such as the gaming areas and
selected members-only chats. During registration the user is required to
supply a username ("handle"), password and e-mail address. They must
also answer mandatory survey questions including, age, gender, education, and
availability.
During registration the user has the option of supplying first name, last
name, mailing address, income, marital status, employment status and other
demographic/psychographic queries. In addition, the user has the option to
subscribe to the jaesonjrakman.com Newsletter and various other newsletters of
interest. Users may remove themselves from this mailing list by following the
link provided in every newsletter.
3.
jaesonjrakman.com
monthly Newsletter Registration Option
jaesonjrakman.com monthly online magazine offers a free online newsletter
distributed via e-mail. The user has the option of signing up for this
newsletter which provides information and electronic linking into the latest
issue of jaesonjrakman.com monthly. During registration, the user may be
required to supply a user name (handle), password and e-mail address. They must
also answer mandatory survey questions including age, gender, and education, and
availability.
During registration the user has the option of supplying first name, last
name, mailing address, income, marital status, employment status and other
various demographic/psychographic queries. Users may remove themselves from this
mailing list by following the link provided in every newsletter.
4.
Various
Periodic Surveys/Polls
Occasionally jaesonjrakman.com conducts user surveys to better target his
content to his audience. We sometimes share the aggregated demographic
information in these surveys with our advertisers and partners. We never share
any information about specific individuals with any third party.
Jaesonjrakman.com offers interactive polls to users so they can easily share
their opinions with other users and see what the jaesonjrakman.com audience
thinks about relevant issues.
5.
Various
Periodic Sweepstakes/Contests/Promotions for Prizes
jaesonjrakman.com offers contests and sweepstakes in which we request certain
personal information. At a minimum, the required information includes name,
address, daytime telephone number and email address; in some cases, the user
must answer mandatory survey questions about a range of other personal data. The
information gathered in the entry form is used to verify the entrant's identity,
and to contact winners and/or prize recipients. There are two situations in
which jaesonjrakman.com will divulge this information to a third party—provided
the user gives express consent:
A.
A user may expressly choose to receive additional information from the
contest sponsor, in which case the user's personally identifiable information is
divulged to the advertiser.
B.
Some of the contests may be hosted on the jaesonjrakman.com site but
administered by the sponsor; in such cases, the information a user provides is
passed on to the third party as long as that user gives express consent.
Because
the rules and terms of each contest can vary, all information about each contest
is clearly posted during the event. All contests and sweepstakes are conducted
in full accordance with United States federal and state laws.
6.
Merchandise
Newsletter Registration
jaesonjrakman.com offers a free electronic newsletter to users who are
interested in receiving news and information on the latest products available
within jaesonjrakman.com. jaesonjrakman.com gathers the email addresses of users
who voluntarily subscribe. Users may remove themselves from this mailing list by
following the link provided in every newsletter.
7.
Merchandise
Purchasers/Magazine Subscribers
jaesonjrakman.com users who decide to purchase products through the
jaesonjrakman.com Web site, including magazine subscriptions or Jaeson K.
Jrakman-related products from jaesonjrakman.com, are required to provide
information that will ensure the transaction can be completed in a secure
environment. The required information to complete the transaction includes, but
is not limited to, full name, mailing address, e-mail address, telephone number,
and credit card information.
Access to his servers and server logs is restricted to authorized personnel who
are responsible for upholding this privacy policy.
His site also contains links to other Web sites with which we have affiliations.
We are not responsible for the privacy practices or the content of these or any
other Web sites or enterprises.
USE
OF THE INFORMATION THIS SITE GATHERS/TRACKS
The
information that is gathered on each of the data entry forms throughout the
site, as described above, is utilized to better understand and serve the needs
of the paranormal community. The site does this by building a community database
that provides individual and overall demographic and psychographic profiles. The
site will also utilize information gathered via the transactions of magazine
subscriptions and product purchases to build member profiles, to allow for
identification of and provide the ability to contact his best customers.
Additionally, the site will utilize the opt-in features to provide community
members with news and information on new content, products and features of the
site via direct contact of electronic mail.
SHARING
OF THE INFORMATION THIS SITE GATHERS/TRACKS
The
postal address information gathered on the magazine subscriptions and
merchandise purchasers is shared with external third party shippers. These
shippers only use the postal address to fulfill the transaction. Additionally,
sponsored third party sweepstakes, contests or promotions where demographic
information is gathered is shared with the third party for marketing purposes.
The information gathered beyond name, e-mail address, age, gender, education and
availability is optional except in the case of sweepstakes/contests, where
further information is needed for fulfillment.
Your
information may be shared with Jaeson K. Jrakman and his associates,
subsidiaries, joint ventures, sponsors and partners for whom he operates or
designs sites and other third parties with whom there are sharing agreements
(collectively, the "Affiliated Third Parties") in order to provide you
additional products or services. The information he collects may be combined
with information collected by Affiliated Third Parties to enable him to provide
better service to you.
THIRD
PARTY COLLECTION OF DATA
Some
of his sites may contain advertisements from third parties which collect
information through cookies or other methods, or which link to other sites whose
information practices may be different than his. Visitors should consult the
other sites' privacy notices as he has no control over information that is
submitted to, or collected by, these third parties.
BANKRUPTCY
OR REORGANIZATION
Not
withstanding anything in this agreement, information collected under this policy
may be transferred to a third party, successor in interest, or other entity in
the event of a merger, acquisition, bankruptcy, or similar reorganization.
DELETE
POLICY
If
you would no longer like to be contacted by this site, please go to his Contact
Me page and he will promptly remove you from his list:
E-mail:
jjrakman@yahoo.com
Postal
Mail:
2136 N. Prospect #158
Milwaukee,
Wi, 53202
CORRECT/UPDATE
POLICY
If
you are currently a member and would like to correct or update your preferences,
membership or profile information, please go to the Contact Me page and write to
jjrakman@yahoo.com
Note:
This
Privacy Statement may be updated as jaesonjrakman.com introduces new content,
products and services to its users.