Terms of Use

1. Your Acceptance of Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY.  This Website is owned and operated by just keep livin foundation, a 501(c)(3) organization (“j.k. livin”).  These terms and conditions apply to your use of this site (Website”).  By using this Website, you agree to these terms and conditions of use.  These terms and conditions may be modified by j.k. livin at any time.  By using this Website after any changes are posted to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them.  If at any time you choose not to accept these terms and conditions of use, please do not use this Website.

2. Links

The Website may contain links to third party websites that are not owned or controlled by j.k. livin.  j.k. livin is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, j.k. livin will not and cannot censor or edit the content of any third-party site. Under no circumstances will j.k. livin be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.  By using the Website, you expressly release j.k. livin from any and all liability arising from your use of any third-party site.  Accordingly, we encourage you to be aware when you leave the Website and to read the terms of use and privacy policy of each other site that you visit and address any concerns to those sites’ administrators or webmasters.

Other sites may link to this Website only through a plain-text link. Permission must be granted by j.k. livin for any other type of link to this Website. To seek our permission, you may write to j.k. livin foundation, P.O. Box 2098, Venice, CA 90294. We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Website, at our discretion at any time.

3. Website Access

A. j.k. livin hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without j.k. livin’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, or the like (iv) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms of Use.

B. In order to access some features of the Website, you may be required to create an account by providing specific information and selecting a username and password.  When creating or editing your account, you must provide accurate and complete information. You may not impersonate any person, business or entity.  Usernames, avatars or other profile information may not be offensive, deceptive, likely to cause confusion or violate any other party’s rights, including but not limited to intellectual property rights and rights of privacy.  You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify j.k. livin immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of j.k. livin or others due to such unauthorized use.  j.k. livin will not be liable for your losses caused by any unauthorized use of your account.

C. You agree not to use or launch any automated system, including without limitation, data mining techniques, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the j.k. livin servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, j.k. livin grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. j.k. livin reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

D. j.k. livin has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

4. User Submissions

A. We welcome your comments about this site; however, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work.  Accordingly, we must ask that you not send us any unsolicited original creative ideas, suggestions or materials.  However, the Website may now or in the future permit the submission of opinions, stories, essays, photos, video, audio, testimonials, ideas or any other content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions, provided that Website is not in any way obligated to use or publish any User Submissions and retains the sole and absolute discretion with respect to the content of the Website.  Under no circumstances will j.k. livin be obligated to pay for User Submissions nor does it guarantee any confidentiality with respect to User Submissions.  You agree that it is possible that similar User Submissions may be submitted to the Website or directly to j.k. livin by multiple outside sources or that User Submissions may be similar to ideas or content generated or developed independently by j.k. livin employees or its related entities and that nothing shall restrict the use by the Website or j.k. livin of any such similar ideas or content.

B. You represent and warrant that: (i) you own or have the necessary rights and permissions to use, and authorize the Website to use, all copyright, trademark or other proprietary rights in and to any User Submission to enable inclusion and use thereof as contemplated by the Website and these Terms of Use; and (ii) you consent to the use of your name, image and likeness and have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name, image and likeness as contemplated by the Website and these Terms of Use. 

C. By submitting the User Submissions to the Website, you hereby grant j.k. livin a worldwide, perpetual, unrestricted and transferable license to use, re-use, copy, prepare derivative works of (including without limitation, to rename, edit, modify, shorten or split User Submissions into different segments or compilations) and display all such User Submissions in connection with the Website or for any other purpose in all media now known or hereafter discovered without compensation or notice to you. 

D. You must register in accordance with instructions that you will find on this site and be logged into your account in order to provide any User Submission.  You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant j.k. livin all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage j.k. livin or any third party; (iii) submit material that is unlawful, vulgar, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity; or (v) post advertisements or solicitations of business.  j.k. livin does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and j.k. livin expressly disclaims any and all liability in connection with User Submissions.

E. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that j.k. livin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against j.k. livin with respect thereto, and agree to indemnify and hold j.k. livin, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

F. By providing submissions, you represent and warrant that you are at least thirteen (13) years old.  Further, if you are under the age of eighteen (18), you represent and warrant that you have obtained the consent of your parent or legal guardian to provide User Submissions to j.k. livin and that your parent or legal guardian has agreed to all of these terms and conditions applicable to User Submissions.

5. Intellectual Property Rights

The contents of this Website are protected by copyright and trademark laws, and are the property of its owner.  Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without j.k. livin’s prior written consent.  j.k. livin reserves all rights not expressly granted in and to the Website and its content. You agree to not engage in the use, copying, or distribution of any of the Website’s content other than expressly permitted herein, including but not limited to any use, copying, or distribution of User Submissions obtained through the Website for any commercial purposes.  If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website.

6. Copyright and Content Policy

j.k. livin reserves the right to remove any content without prior notice.  j.k. livin respects the copyright interests of others and it is our policy not to permit materials known by us to infringe on another party’s copyright to remain on our site.  However, materials may be made available via this Website by third parties not within our control and we are under no obligation to, and do not, review or scan all content used in connection with the Website for inclusion of illegal or impermissible content.  We will remove content if properly notified that such content infringes on another’s intellectual property rights.  j.k. livin will also terminate a User’s access to the Website if they are determined to be a repeat infringer.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide j.k. livin with following information in writing:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright;

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 you, such as an address, telephone number, and, if available, an electronic mail;

5. 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; and

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

This information may be transmitted as follows:

By mail:

j.k. livin’ foundation.
Attention:  Legal/Copyright Agent
P.O. Box 2098,
Venice, CA 90294

By email: jklfoundation@jklivin.net

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, J.K. LIVIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. J.K. LIVIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA THE WEBSITE. J.K. LIVIN DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND J.K. LIVIN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. Limitation of Liability

IN NO EVENT SHALL J.K. LIVIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT J.K. LIVIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT J.K. LIVIN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. Indemnity

You agree to defend, indemnify and hold harmless j.k. livin, its subsidiaries, and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to your User Submissions; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

11. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms of Use, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by j.k. livin without restriction.

13.  No Personal Advice

The information contained in or made available through this site cannot and should not replace or substitute for the services and advice of trained professionals in any field, including educational, medical, social services or legal.

14. General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over j.k. livin, either specific or general, in jurisdictions other than the State of California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and j.k. livin that arises in whole or in part from the Website or these Terms of Use shall be decided exclusively by a federal or state court of competent jurisdiction located in Los Angeles, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by j.k. livin on the Website, shall constitute the entire agreement between you and j.k. livin concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. j.k. livin reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND J.K. LIVIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE J.K. LIVIN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.