Terms of Service
Revised: April 15, 2022
Malkuth LLC (“we,” “us,” or “our”) operates www.JohnMack.org, which promotes the writing, work, and non-profit initiatives of American artist and thinker, John Mack. These Terms of Service constitute a legally binding agreement (this “Agreement”) between you and us, which governs your visit to or use of any platform, mobile application, or other technology that we or one of our affiliates provides in connection with www.JohnMack.org (all together, the “Platform”).
- The Platform’s Intended Purpose
In providing the Platform we are promoting the thought, photography, writing, work, and non-profit initiatives of American artist and thinker, John Mack. The Platform provides a convenient way for individuals (which we refer to here as “Users”, “you”, “your”, or “yourself”) to learn about and engage with John Mack’s work and initiatives, in particular by providing you with access to our content, features, functionality, tools, solutions, and services (together referred to here as “Platform Content”). To be clear, “Platform Content” includes all information we incorporate into the Platform, including for example, data, text, messages, software, sound, music, displays, video, photographs, graphics, artwork, images, tags, as well as the design, selection, and arrangement thereof.
- Changes to this Agreement
We periodically update this Agreement. We will let you know when we do via an email, website post, in-app notification, or similar communications, depending on how you’ve elected to interact with the Platform. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes.
- Limited License Grant
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use, as the case may be, any Platform Content on a mobile device or personal computer owned or otherwise controlled by you ("Your Device") strictly in accordance with this Agreement and our documentation; and (b) access, stream, download, and use on Your Device the Platform Content, strictly in accordance with this Agreement and our documentation.
- Reservation of Rights
You acknowledge and agree that the Platform and Platform Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform or Platform Content under this Agreement, or any other rights thereto other than to use the Platform and Platform Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. We, John Mack, our licensors, and our service providers reserve and shall retain their respective entire right, title, and interest in and to the Platform and Platform Content, including all Intellectual Property Rights, as defined below, therein or relating thereto, except as expressly granted to you in this Agreement.
If you wish to use the Platform or the Platform Content in a manner that exceeds your license and the restrictions of this Agreement, you may submit your prior written request to email@example.com for our consideration.
- Eligibility, Access, and Security
We reserve the right to withdraw, amend, or suspend the Platform, and any service or material that we provide through the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Platform to Users.
If you choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security.
- Intellectual Property Rights
All Platform Content is owned by us, John Mack, our licensors, or other providers of such material and are protected by United States and international Intellectual Property Rights. “Intellectual Property Rights” means all inventions, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, developments, research data, processes, formulas trade secrets and know-how, intellectual property, and other intangible proprietary or property rights, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.
“Life Calling”, “Life Calling Initiative”, “Life-Calling.org”, “A Species Between Worlds”, “ASpeciesBetweenWorlds.com”, “Awareness 101”, “Notes to Selfie”, “A Land Between Worlds”, and all related names, logos, product and service names, designs, and slogans are trademarks of us, John Mack, or our affiliates or licensors (referred to here as the “John Mack Marks”). We may, at our sole discretion, provide you with John Mack Marks for certain limited purposes expressly stated by us in writing (for instance, for the sole purpose of identifying yourself as a supporter of John Mack’s work and initiatives on your website, social media, and print media). You must not use John Mack Marks for any other purpose without our prior written permission, which you may request at firstname.lastname@example.org. All other names, logos, product and service names, designs, and slogans in the Platform are the trademarks of their respective owners.
- Your Information
We encourage Users to comment on the Platform, provide suggestions and feedback for improving it, and vote on suggestions they like. You agree that all such comments, suggestions, and feedback will be non-confidential and that we own all rights to use and incorporate them into the Platform, without payment or attribution to you.
- operational communications concerning your User account or use of the Platform,
- updates concerning new and existing features on the Platform,
- communications concerning promotions, campaigns, events, and exhibits run by us or our third-party partners, and
- news concerning John Mack’s work and initiatives and general developments impacting the same.
Standard text messaging charges applied by your cell phone carrier may apply to text messages that we send pursuant to your consent or request.
- Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with this Agreement. In connection with your use of the Platform, you acknowledge that you will not:
- violate in any way any federal, state, local, or international law or regulation;
- post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable in our sole opinion;
- impersonate any individual or entity, or infringe any person’s Intellectual Property Rights or other proprietary rights;
- engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Platform, or which, as determined solely by us, may harm us or our Users, or expose us or them to liability or reputational harm;
- transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
- hack or compromise in any way the integrity and security of the Platform or the computers or devices of any of our Users;
- “frame” or “mirror” any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Platform;
- use any robot, spider, or other automatic means to access the Platform;
- use any manual process to monitor or copy any of the material in the Platform or for any other unauthorized purpose without our prior written consent;
- allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced in to the Platform;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the servers on which they operate, or any server, computer, or database to which the Platform is connected;
- transfer or sell your User account, password and/or identification to any other party; or
- cause any person to engage in the foregoing prohibited activities.
- Platform Changes and Updates
We may from time to time in our sole discretion develop and provide updates to the Platform, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
- Linking to the Platform and Social Media Features
You may link to the Platform, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent.
The Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites or apps to certain content in the Platform;
- Send emails or other communications with certain content, or links to certain content, in the Platform;
- Cause limited portions of content in the Platform to be displayed or appear to be displayed on your own or certain third-party websites or apps.
You may use these features solely as they are provided by us and solely in accordance with any additional terms and conditions that we provide with respect to such features. Any other linking activity or use of social media features without prior written permission from us is strictly prohibited.
The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out above in the “Prohibited Uses” section of this Agreement.
You agree to cooperate with us in immediately stopping any unauthorized framing or linking. we reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any of the third-party websites or apps linked to the Platform entirely at your own risk and subject to their terms and conditions of use.
- Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.
YOUR USE OF THE PLATFORM, PLATFORM CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, PLATFORM CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT PLATFORM, PLATFORM CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Acts of Others
Under no circumstances, including termination or cancellation of your use of the Platform, will we be liable for any losses related to actions of other Users.
- Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR ON SUCH OTHER LINKED WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless we, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, any use of the Platform Content, other than as expressly authorized in this Agreement.
- Term and Termination
- The term of this Agreement commences when you access, download, or install any Platform Content. The term will continue in effect until terminated by you or us as set forth in this section.
- You may terminate this Agreement by ceasing any and all access to the Platform and by deleting any and all Platform Content and all copies thereof from Your Device.
- We may terminate this Agreement at any time without notice, with or without cause.
- Upon termination:
- except as provided in the sections of this Agreement captioned “Changes to this Agreement”, “Reservation of Rights”, “Intellectual Property Rights”, “Trademarks”, “Your Information”, “Communications”, “Prohibited Uses”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Term and Termination”, “Governing Law and Jurisdiction”, “Waiver and Severability”, and “Entire Agreement”, which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Platform and delete all copies of any and all aspects of the Platform Content.
- Termination will not limit any of our rights or remedies at law or in equity.
- Governing Law and Jurisdiction
All matters relating to the Platform and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Platform shall be instituted exclusively in the U.S. District Court for the District of Connecticut or the Superior Court of the State of Connecticut for the Judicial District of New Haven. We retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability
No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement
- Your Comments and Concerns
The Platform is operated by Malkuth LLC, c/o John Mack, 244 Fifth Avenue, Suite J208, New York, NY 10001.
Feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: email@example.com.