Terms

The following Terms (together with the Guidelines (as defined below), the "Terms") apply to your use of and access to JaikoMagazine.com and its associated websites, features, content, materials, products, and/or services (collectively, the "Website"), which is owned and/or operated by Jasper Diamant LLC its affiliates (collectively as "Jaiko Magazine™, "Us" or "We"). These Terms represent a legally binding agreement between you, an individual user or a single entity ("you" or "User"), and Jaiko Magazine™ regarding your use of the Website.

Eligibility

You are prohibited from using the Website unless you are over the age of 16. If you are over the age of 16 but under 18 years of age, you are only permitted to use the Website if your parent or guardian accepts these Terms on your behalf prior to use of the Website.

Website Management

We reserve the right, but not the obligation, to :

Monitor the Website for violations of these Terms of Use;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation. refuse. restrict access to, limit the availability of. or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems; and
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website

Ownership; Property Rights

A) General. The Website, including the content, text, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, copyright, products, software, services, proprietary information, service marks, trademarks (including without limitation Jaiko Magazine™ and all related trademarks), trade names, distinctive information such as logos, the selection, sequence, "look and feel" and arrangement of items, and all other elements of the Website that are provided by Jaiko Magazine™, are owned and/or licensed to Jasper Diamant LLC and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Jaiko Magazine™ Materials do not include Non-Jaiko Magazine™ Content (as defined below). Except as expressly authorized by Jasper Diamant you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Website or the Jaiko Magazine™ Materials. Jasper Diamant LLC reserves all rights not expressly granted in these Combined Terms. You shall not acquire any right, title, or interest to the Jaiko Magazine™ Materials, except for the limited rights expressly set forth in these Combined Terms.

(B) Downloadable Software. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Website, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Website for the sole purpose of enabling you to use the Website as permitted by these Terms. Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website, or other actions that Jaiko Magazine™ in its sole discretion, may elect to take. We reserve the right to alter or revoke the license at any time by providing reasonable notice to you. Upon receiving notice of revocation, you must promptly destroy all copies of the software in your possession and/or residing on systems under your control. The limited rights granted to you to access and use such software comprise a limited license and do not constitute the sale of any software program. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to such software. Other than as permitted by, or to the extent that any restriction is not permissible under applicable law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form (except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation). Software that is downloaded from the Website may be subject to export control laws. If you download software from the Website, you represent and warrant to us that you are not acting in violation of those laws.

User Submissions

We do not claim ownership of any information, data, text, photographs, graphics, video, messages, tags, or other materials submitted for display or distribution to others through the Services via comments and interviews (collectively, “ User Submissions”). As between you and us, you own all rights to your Submissions.

Content that is submitted to us for interview purposes will not be used for any purpose other than the interview and the promotion of the interview. We will not use content submitted by you for any other purpose. To be clear, we will not aggregate, share, sell, or otherwise use that content or data for any commercial purpose, advertising, or otherwise.

However, you grant (and confirm and promise to us that you have the right to grant) to us an irrevocable, perpetual, non-exclusive, royalty-free, and fully-paid, license throughout the universe to use the content for its said purpose (in the case of interviews for the interview and promotion of the interview). You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to your User Submissions. In consideration for us granting you access and use of the Services, you agree that we may place such advertisements throughout our Services. We are not required to backup, host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). The rights granted under this section will survive the termination of these Terms.

All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Such content is not endorsed or verified by us. The content is provided “as is,” and your use or reliance on such materials is solely at your own risk.

We respect the intellectual property rights of others and it is our policy to remove Submissions that violate copyright law, suspend access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminate in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

Jasper Diamant LLC

1870 The Exchange SE, Ste 200 - #954 Atlanta, Ga, 30339

ja@jasperdiamant.com

Your written notice must:

(A) Contain your physical or electronic signature;

(B) Identify the copyrighted work alleged to have been infringed;

(D) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

(E) Contain a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;

(F) Contains a statement that the information in the written notice is accurate; and

(G) Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at ja@jasperdiamant.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

We may terminate your membership or suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Services, or any third party. You agree that Jasper Diamant LLC shall not be liable to you or any third party for removing your User Submissions or terminating your access to the Services.

Modifications

We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or any part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update m suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing these Terms will be construed to obligate us to maintain and support the Website or the supply any correction, updates, or releases in connection therewith.

Restrictions and Commercial Use.

Other than as provided for in these Terms you may not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems.

As a user of the Site you agree not to :

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in unauthorized framing of or linking to the Site
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the System, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitter by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Website
Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
Use the Site as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generation endeavor or commercial enterprise.

Disclaimer of Warranties.

You expressly agree that the use of the services is at your sole risk. We provide the Services on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied.

Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms.

Copyrights; Restrictions on Use

The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under the United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions:

(A) The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and

(B) You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable, and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.

Electronic Communication, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications, we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

You acknowledge that you have read, understood, and agree to be bound by the following combined terms and represent to us that you are legally competent to enter into and agree to these combined terms. If at any time you do not agree to this combined term, please immediately terminate your use of the website.

These Terms were last revised and are effective as of April,24,2024

Azeiko Magazine. The Azeiko Brands