Agreement between user and OKtoDie.com (MKN, LLC):
These Terms and Conditions are an agreement ("Agreement") between you and MKN, LLC (“MKN”) regarding your use of the information, products, links, story sharing function, message board functions and links to services and products, etc. contained in or available through the OKtoDie.com website. The OKtoDie.com website is comprised of various web pages operated by MKN. The OKtoDie.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the OKtoDie.com website constitutes your agreement to all such terms, conditions, and notices.
OKtoDie.com does not attempt to give you medical, legal, financial, or personal advice, etc. The OKtoDie.com web site is not a substitute for the professional advice of a doctor, attorney, financial advisor, counselor or therapist, etc.
Some information, stories, comments and statements are posted by members of the general public. MKN takes no responsibility for that posted content.
Furthermore, the information on this website is not guaranteed to be correct, complete or up-to-date. You agree that MKN will not be responsible for any damages, injuries, defamation, libel, etc. to you, or that you cause, which may occur as the result of your use of the OKtoDie.com website
This website and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that OKtoDie.com / MKN, LLC sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
OKtoDie.com/MKN,LLC is not responsible for any loss, injury, claim, liability, or damage related to you due to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site, and its links, is at your own risk.
MKN reserves the right to change the terms, conditions, and notices under which the OKtoDie.com website is offered for your use.
You understand and agree that your use of OKtoDie.com after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.
Links to third party sites / Third party services:
The OKtoDie.com website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MKN and MKN is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MKN is not responsible for webcasting or any other form of transmission received from any Linked Site. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites. You use those Linked Sites at your own risk. MKN does not warrant or offer any guarantees for any products or services purchased from ANY third party linked website or business location.
Certain services made available via OKtoDie.com are delivered by third parties. By using any product, service or functionality originating from the OKtoDie.com domain, you hereby acknowledge and consent that MKN may share such information and data with any third party with whom MKN has a contractual relationship to provide the requested product, service or functionality on behalf of OKtoDie.com users and customers AND that MKN has permission to receive, collect, and retain information from your activity on any linked, third party website you visit. Detailed information about such activity will never be shared with any other business entity outside of the previously mentioned "third parties."
Protecting your privacy is very important to OKtoDie.com/MKN,LLC. MKN,LLC WILL NEVER SELL, GIVE, OR SHARE YOUR PERSONAL INFORMATION WITH ANY OTHER BUSINESS ORGANIZATION OR ENTITY (with the exception of any governmental, legal, or law enforcement agency that presents MKN with a valid subpoena or search warrant.)
No unlawful or prohibited use:
As a condition of your use of the OKtoDie.com website, you warrant to MKN that you will not use the OKtoDie.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the OKtoDie.com website in any manner which could damage, disable, overburden, or impair the OKtoDie.com website or interfere with any other party's use and enjoyment of the OKtoDie.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the OKtoDie.com websites.
THE ARTICLES, STORIES, COMMENTS, VIDEOS, AND ALL OTHER CONTENT FOUND ON THE OKTODIE.COM WEBSITE (“OKTODIE CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. OKTODIE.COM CONTENT IS NOT FOR RESALE. YOUR USE OF THE OKTODIE.COM WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY OKTODIE.COM CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE OKTODIE.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT USE, SELL, RESELL, TRANSMIT, OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE OKTODIE CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF MKN,LLC.
Use of communication services:
The OKtoDie.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
MKN has no obligation to monitor the Communication Services. However, MKN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MKN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MKN reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MKN's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MKN does not control or endorse the content, messages or information found in any Communication Service and, therefore, MKN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MKN spokespersons, and their views do not necessarily reflect those of MKN.
You agree that you are 18 years of age. No one under 18 years of age is allowed to use the OKtoDie.com website. MKN has no ability to determine the age of the users of the website and thus, relies on your truthfulness in complying with this age restriction.
Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination. Such limitations will be reasonably determined by MKN on a case-by-case basis.
Materials provided to OKtoDie.com or posted on any MKN website/webpage:
By posting, uploading, inputting, emailing, providing or submitting any material(s) (“Submission”), which may be written or photographic, you are granting to MKN,LLC permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, print, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name (USING YOUR INITIALS) in connection with your Submission; as well as use your Submission as content within a future book to be published and sold, or as content for email(s),marketing materials, advertisements, etc . You grant unconditional ownership and unrestricted usage of the materials to MKN,LLC that you provide to OKtoDie.com/MKN,LLC (including stories, comments, feedback, ideas, and suggestions) that you post, email, upload, input , mail, or submit to any OKtoDie.com website or its associated services.
No compensation of any kind will be paid, or is expected, with respect to the use of your Submission, as provided herein. MKN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at MKN’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further warrant and represent that the Submission will be accurate, truthful, and/or in reality occurred.
THE INFORMATION, SOFTWARE, PRODUCTS, DOWNLOADS, AND SERVICES , ETC INCLUDED IN OR AVAILABLE THROUGH THE OKTODIE.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MKN.LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE OKTODIE.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE OKTODIE.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MKN,LLC AND/OR ITS SUPPLIERS, VENDORS,PARTNERS, OR ASSOCIATES, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE OKTODIE.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MKN,LLC AND/OR ITS SUPPLIERS, VENDORS, PARTNERS, OR ASSOCIATES, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MKN,LLC Contact: email@example.com
In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if MKN has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in a court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in arbitration you are entitled to recover attorneys' fees from MKN to at least the same extent as you would be in court. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
MKN and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
-claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
-claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising;
-claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
-claims that may arise after the termination of this Agreement.
References to "MKN", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. The location of this small claims court action shall be within the State of Alabama only and shall be governed by the laws of that state. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and MKN are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to MKN should be addressed to MKN,LLC General Counsel, 105 Tanah Lane, Hayden,AL 35079 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MKN and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or MKN may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MKN or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MKN is entitled.
The arbitration will be governed by the Commercial Arbiration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless MKN and you agree otherwise, any arbitration hearings will take place in Birmingham, AL. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. MKN will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND MKN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MKN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
MKN reserves the right, at its sole discretion, to terminate your access to the OKtoDie.com website and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, independent contractor, or agency relationship exists between you and MKN as a result of this agreement or your use of the OKtoDie.com website. Your Submission is done with no expectation or promise of any compensation in any form, nor royalty promised or expected, and you relinquish, any ownership interest in any material or story after it has been submitted to MKN directly or via the OKtoDie.com website. MKN's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MKN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OKtoDie.com website or information provided to or gathered by MKN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MKN with respect to the MKN.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MKN with respect to the OKtoDie.com website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without MKN's written consent. MKN's rights under the Terms and Conditions are freely transferable by MKN. Any failure by MKN to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.
MKN may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the OKtoDie.com website, or other reasonable means now known or hereafter developed. You are advised to re-read regularly the “Terms & Conditions” to make certain you have reviewed the most current version prior to making any Submissions or using the website.. Changes may be made without any notice being given before or after the changes occur.
A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.
Copyright and trademark notices:
All contents of the OKtoDie.com website are Copyright © 2011 MKN,LLC and/or its suppliers, affiliates and partners. All rights reserved. The book “It’s OK to Die” and it’s content are Copyright © 2011 Monica Williams-Murphy and Kristian A, Murphy / MKN,LLC. All rights reserved.
“OK to Die” is a trademark of MKN,LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the MKN,LLC system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING MKN THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
- 2 -
Written notification must be submitted to the following Designated Agent:
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include ALL of the following:
1. It must be a written communication sent to the address above via registered mail and must require a signature at time of delivery.
2. Physical signature of a person authorized to act on behalf of the copyright owner.
3. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
4. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page). If there are more than 5 URLs, please also send an electronic copy of the notice to removals to firstname.lastname@example.org
5. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
6. 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."
7. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
- 3 -
Upon receipt of notification of a claimed infringement, MKN will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, MKN will terminate the alleged infringer’s Internet access. MKN will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C)and (g) of the DMCA).